M. CURLANDER law publisher 26 s. GAY ST. BALTIMORE. THE UNIVERSITY OF ILLINOIS LIBRARY 3 or\. REMOTE STORAG*^ BOOKffTACKS OFFICE f ’ll i ; P it Digitized by the Internet Archive in 2016 https://archive.org/details/baltimorecitycodOObalt THE BALTIMORE CITY CODE CONTAINING THE PUBLIC LOCAL LAWS OF MARYLAND ' RELATING TO THE CITY OF BALTIMORE AND THE OIMHS OF 1 ifi MD m Hll OF MIIH, IN FORCE ON THE FIRST DAY OF JULY, 1906. COMPILED BY CHARLES PIELERT, UNDER THE DIRECTION OF W. CABELL BRUCE, ESQ, CITY SOLICITOR. 1906. PRESS OF THE PETERS PUBLISHING AND PRINTING CO 1306-8-10 N. Fulton Avenue Baltimore, Md. COPYRIGHT 1906 BY MAYOR AND CITY COUNCIL OF BALTIMORE. I’oHtu*’ ^ ^ C or \cL nder Goo )9 ^ ^ ;!B ■ ron. \'b D Q> N H STORAGE BOOKSTACKS QEELGE The numbers of the sections of Article 4, title “City of Baltimore,” of the Public Local Laws of Maryland, herein contained, are those of said Article as re-enacted by Chapter 123 of the Acts of the General Assembly of Maryland of the year 1898, it being* deemed unnecessary to repeat the reference to said Act over each section of the Article. Supplementary sections added to said Article by Acts of Assembly since the session of 1898 are distinguished by capital letters following the number of such sections. To facilitate reference to all statutes relating to the city of Baltimore which do not in express terms repeal, enact or modify sections of said Article 4, and to effect a systematic arrangement of such statutes so that they will appear in connection with similar legislation in said Article, all un- codified laws not of temporary interest, passed by the General Assembly since and including the session of 1898, have been included in this compilation. The sections of Article 4 of the Public Local Laws as they appear herein codified from such last mentioned statutes, are distinguished by numerals with the prefix § and a serial suffix in the small letters of the alphabet. Decisions of the Court of Appeals of Maryland cited herein are of two kinds or groups. One group embraces those which arose from the interpretation of the provisions of a particular law or ordinance embraced in this compila- tion ; the other includes those decisions construing provi- sions of law or ordinance similar to those in the particular section herein in connection with which such decisions are cited. Where decisions from both groups are cited in con- nection with a particular section of this compilation, citations from the first group are denoted by an asterisk. STATUTES PUBLIC LOCAL LAWS— ARTICLE 4. CHARTER AND MISCELLANEOUS LOCAL LAWS. 1 Baltimore City Code ARTICLE IV OF THE PUBLIC LOCAL LAWS OF MARYLAND CHARTER. Mayor and City Council of Baltimore. Corporate Name; Power to Hold Property; Annex. 1. Corporate name; corporate pow- ers. * 2. Corporate property; may receive and dispose of same. 3. Streets in Annex. 4. Taxation in the Annex; County rate of taxation not to be in- creased until after the year 1900. 4a. Terms “landed property, ” “un- til avenues’ ’ and block of ground” defined. 5. Turnpikes in Annex. General Powers. 6. General powers of Mayor and City Council of Baltimore. (i) Buildings. Regulation, restriction and in- spection of building operations, materials and sanitary arrange- ments ; to make safe or remove dangerous structures or require the owners to make same safe, at expense of owners; to regulate the construction of wooden buildings and the erection and repair of build- ings; Ordinance 146, October 23, 1891, legalized; to define limits within which steps, porticos, bay- window, etc., may be erected; pro- viso relating to “Burnt District.” (2) Carriages. Power to* license; hackney car- riages defined; breadth of wheels- of vehicles. (J) Chimneys. Sweeping Chimneys. {4) Condemnation of Property.. Powers of municipality to con- demn private property for public use ; notice to owners of property so taken ; appeals from valuations ; damages and benefits through con- demnation ; appeals from such as- sessments ; purposes for which property may be condemned. (5) Fire. Power of the Mayor and City Council ; pensions to firemen ; re- tiring members ; appropriations for pensions ; firing of crackers pro- hibited ; storage of gunpowder ; naval stores ; illuminating oils. {6) Fish. Sale of Fish. 2 CITY OF BAI.TIMORF. (7) Fruits, Meats, Vegetables and other A rticles. To license and regulate sale of. (5) Harbor, Docks and Wharves. To preserve navigation and fix pier or bulkhead lines; to clean, deep- en and regulate harbor ; to pre- serve and clean basin and harbor ; wharves and wharfage; fines; tax on lumber; appointment of Harbor Masters; public wharf taxes; collec- tion of same; wharfage at city wharves. ( 9) Health. Powers of Mayor and City Coun- cil of Baltimore ; construction and use of tenement houses. (7(9) Hospitals. To erect houses of correction and institutions for care and treatment of indigent poor. (77) Inspections. Power to regulate inspections of weights and measures ; to assize bread ; to inspect milk and food products ; to provide penalties; to provide for inspectors and analysts; to provide for inspection of baker- ies ; candy factories, etc.; fines; inspectors. HZ') Jail. To own, regulate and control same. (7J) Jones' Falls. Powers of Mayor and City Coun- cil to improve ; acquisition of pro- perty ; condemnation ; benefits and damages to be assessed ; appeals ; jury trial if desired ; assessments to be collected ; may define limits; title to land acquired ; wharves ; grades of streets ; cost of grading and paving ; issue of bonds to amount of |2, 500, 000; to compel persons to build, rebuild or repair walls ; in event of failure city may build at expense of owner. {14) Licenses. Power relating to licenses. (75) Markets. Power of Mayor and City Coun- cil to regulate and control ; sale and lease of stalls ; extension of markets ; to condemn land ; dis- train for rents. (7(5) Parks. To establish, control and regulate parks; Resolution, June 4, 1860, and Ordinance, June 4, 1860, con- firmed ; rights vested in Board of Park Commissioners; Green Spring Avenue Road ; deed of same ; Board to have powers set out in this Article ; Mayor and City Coun- cil to make necessary rules and reg- ulations for parks. (77) Police. Appropriation for disabled and superannuated members. {IS) Police Power. Power to preserve order, etc.; not to conflict with powers of Board of Police. {19) Peddlers. May grant permits to poor per- sons to peddle. {20) Pumps, Fountains and Springs. To erect and regulate. {21) Railroads. Construction of tracks on streets; May assess cost on owners of front- ing lots ; jury trials ; may remove such tracks; fenders on street cars. {22) Schools. Power to establish ; protection of school property ; taxes for support of schools. K23) Sewers. Power to construct ; to repair ; to condemn land for sewers ; to regulate drainage. CHARTER. 3 {24) Squares, Springs and Monuments. To establish and regulate squares, etc.; to extend Kutaw Square; as- sessments and appeals ; to collect assessments ; notice of ordinance to be published ; notice before tak- ing action. {25) Stocks, Loans and Finance. Tax to pay principal and interest; increase of public debt ; invest- ments of sinking fund in ground rents ; payment of taxes on city stock ; rate of interest. {26) Streets, Bridges and Highways. (a) Opening, Extending, Widen- ing, Straightening or closing up streets. To provide for opening, laying out, etc., streets; to assess damages and benefits by reason thereof ; ap- peals from decision of Commission- ers ; jury trial provided ; collection of assessments; infancy, etc,; to acquire fee simple interest in lands; rents, revenue, arising thereout. (b) Grade Tines of streets. Power to change grade lines of streets. (c) Grading, Paving, Curbing, etc.. Streets (Special Ordinance.) Powers as to grading, re-grad- ing, shelling, re-shelling, paving and re-paving, curbing, re-curbing streets, lanes and alleys ; notice of ordinance to be given ; hearing, appeals and practice, as in street opening cases. (d) Same, (General Ordinance, Application of Owners.) Levy and collection of tax for | streets graded, paved, curbed, re- ! paved, regraded and curbed where I a majority of owners of front feet thereon apply for such work to be done ; method of assessment and collection of assessments. (E) Levy of Tax to Pay Unpaid Assessments for Grading, Paving, etc. Levy and collection of tax for streets heretofore graded, paved,, re-paved, curbed or re-curbed notice, appeals ; procedure as in street appeals. (F) Footways. Grading, regulating, paving and repairing footways. (g) Regulating Use of Streets. Obstructions and Encroachments. To regulate use of, and preserver street as a highway. (h) Opening Street Surface.. Regulation of same. (i) Numbering Houses. Numbering houses, etc., and’ naming streets. (j) Regulating Use of Sidew'alk and Streets by Signs, Poles, Wires, etc. To regulate the use of sidewalks for any purpose and space above and below the same. (k) Cleaning and Lighting Streets.. Cleaning streets; lamps and light' ing. (e) Use of Streets by Tracks,, Poles and Wires. Railroad tracks, gas pipes, poles- and wires. (m) Conduits, Electrical Commis- sion and Rentals. Conduits for telephone, telegraph and electric light wires; electrical commission ; wires to be placed in conduits ; rentals ; proviso as to< Ordinance No. 41, 1889. 4 CITY OF BATTIMORF. Cn) Bridges and Turnpike Roads, To purchase, with County Com- missioners, turnpike roads leading towards city. (o) Cathedral Cemetery. Opening streets through Cathe- dral Cemetery. (p) Tight Street Bridge. Joint maintenance of lights on bridge, (27) Surveyor. Duties and Compensation. (28) Taxes. (a) Annual Levy. To levy direct tax annually and provide by ordinance for collection thereof ; (b) Property Taxable. To levy and collect tax on all property within city legally taxable; property exempted. (c) Abatement to Encourage Man- ufactures. Abatement of taxes on manufact- uring plants and mechanical tools ; to be extended to all in industry proposed to be benefited ; duties of Appeal Tax Court in reference to exemptions. (d) Collection of Taxes. Powers in relation to collection of taxes. (29) Theatrical and other Public A musements. Power to license and regulate. (30) Water. (a) Acquisition of Land and Water- courses. Powers in relation to water sup- ply ; full power to effect introduc- tion of water into cit}'. (b) Sale of Water. May make contracts for use of water. (c) Acquisition of Property and Materials by Agreement. May agree with owners for pur- chase and holding of necessary land and materials for introducing water. (d) Or, May acquire same by Con- demnation Proceedings. May condemn any interest in land or property or an 3 ’’ materials needed in introduction of water into city ; provision for summoning jury of inquisition and notice of same. (e) Selection of Jury. Mode of striking jurors from list of those attending, (f) Duty of Jury. Jurors remaining to ascertain sum to be paid. (g) Oath . To impartially value damages sustained. (h) Inquisition. To reduce inquisition to writing and return same to Circuit Court. (i) Duty of Court. If not confirmed court may order another inquisition ; appeals. (t) Property Condemned. Property taken to be described and interest to be stated ; when title vests in city. (k) Selection of Jur\^ Talesmen; completion of jurj*. (e) Compensation of jurors and sheriff. To receive compensation allowed jurors in Circuit Court ; sheriff’s fees. (m) Water Stock. Maj’or and City Council of Balti- more ma\' issue Baltimore Water Stock to amount not exceeding ^5,000,000 ; to assess water rates and enforce payment ; to protect water sj’stem and prevent pollution or interference with works. (n) Water Bonds. CHARTER. 5 Bonds to amount of |1, 000, 000 may be issued ; proceeds to be used in introducing water from Gun- powder Falls. (o) Water system in “Annex” and suburbs. To acquire pipes and appliances of Catonsville Water Company as provided ; proviso relating to ex- tension of system in Baltimore County ; may acquire equipment of water companies with all their powers. (31) Welfare and Other Powers. The corporation not restricted to foregoing or other enumerated powers; penalties authorized. Franchises. 7. Title of Mayor and City Council of Baltimore thereto inalien- able. 8. Granting of specific franchises for a limited time ; certain franchises not to be granted. Terms and Conditions of Fran- chises 9. Franchises not to be given for longer than twenty-five years; at its expiration plant or prop- erty may vest in city as pro- vided or be renewed for like term on re-val nation ; city may operate plant if desired ; city may compel compliance with terms of grant. 10. Board of Estimates to publish brief advertisement of grant or franchise applied for. 11. Municipal control of grants to be reserved. 12. Similar terms and conditions to apply to renewals. Unused City Property. 13. City property not needed may be rented or di.sposed of at public sale. Contracts with the City. 14. Proposals must be advertised for where the work or pur- chase of supplies involves more than |500. Board of Awards. 15. Bids to be opened by Board of Awards ; successful bidder to execute contract ; bids ; certi- fied check to accompany bid ; conditions. MAYOR. 16. Inhabitants of Baltimore to elect Mayor every four years; election, when to be held ; qualifications of Mayor. 17. Supplementary registration of voters prior to every munici- pal election. 18. Vacancy, — President Second Branch to be Mayor. 19. Vacancy upon absence or sick- ness of Mayor, the same. 20. Term of Mayor. 20a. Checks, by whom to be signed and countersigned; bonds and contracts, by whom to be exe- cuted on behalf of cit}\ 21. Powers of Mayor as chief exec- utive. 22. His duties. 23. Approval of ordinances ; veto of ordinances ; if passed by three-fourths vote after recon- sideration by both branches to become law without Mayor’s signature ; akso if not returned by Mayor as stated ; rule where ordinance embraces different items of appropria- tion. 24. Mayor to confer with heads of departments. 25. Mayor shall have sole power of appointment except as other- 6 CITY OF BATTIMORF. wise provided herein; subject to confirmation by Second Branch ; Power of removal ; restrictions thereto ; terms of office ; when to be appointed and to enter office ; oath of office ; test book ; vacancies during recess ; how filled. 26. Only one office under city to be held ; municipal officials to be voters of the city. 27. Tenure of office of heads of de- partments, etc. 28. Power to appoint subordinates. 29. Privileges of heads of depart- ments, etc. 30. Minority of members of bodies forming heads of departments to be of political party casting next highest vote. EXECUTIVE DEPARTMENT. 31. Executive power, wherein vest- ed ; officials to give bond ; Mayor chief executive ; heads of departments may pass rules and regulations; to hold meet- ings ; records to be kept of their proceedings ; List of Departments : — / Department of Finance. II Department of Law. III Department of Public Safety. IV Departme^it of Public Improvements. V Department of Parks and Squares. VI Department of Educa- tion. VII Departme^it of Chari- ties and Corrections. VIII Department of Review and Assessment. IX Municipal Officers not included in a7iy De- partment. Department of Finance. 32. Of what officials to consist; its head ; powers of board ; fiscal year. 33. Comptroller; qualifications; term ; salary. 34. Subordinates in Comptroller’s sub-department ; to be ap- proved by Mayor ; duties of Comptroller ; vacancy in office of ; when and by whom re- movable. 35. City Register ; how appointed; salary ; removable by both branches; seal of city; Deputy Register ; vacancies ; proviso. Board of Estmiates. Ordinance of Estimates. 36. Board of Estimates to be head of third sub-department of P'inance ; Board to make out lists of moneys to be appro- priated ; departmental esti- mates ; amounts needed for the city departments ; esti- mates for new improvements; amounts to be annually ap- propriated to charities, etc., fixed by ordinance ; Board of Estimates to draft an ordi- nance appropriating monies to meet estimates so made; to be known as Annual Ordi- nance of Estimates ; Council cannot enlarge any item there- in ; nor appropriate further monies for ensuing fiscal year; no temporary loan shall be authorized. 36a. Board of Estimates may in- crease or decrease salaries of municipal officials. Cj'atits of Franchises. 37. Franchise to be embodied in form of an ordinance ; what ordiiiance shall contain ; du- ties of Board in respect to CHARTER. 7 franchises ; powers of Board in relation thereto ; same pro- visions to apply to renewals and extensions ; Board may grant certain minor privileges in the streets, etc., in its dis- cretion as provided ; require- ments of Board in relation to such minor privileges. 38. Contingent Fund; expenditures therefrom, to be reported ; power of City Council. 39. Private claims against city. Tax Rate and Annual Levy. 40. Report showing taxable basis for ensuing year to be sub- mitted to City Council ; what it shall contain ; ordinance making annual levy of taxes. — when payable ; when in ar- rears, interest payable. Commisioners of Fmance. 41. Members of Board; President and Clerk ; powers of Com- missioners and duties. City Collector. 42. City Collector head of fifth sub- department of Finance; sal- ary ; duties ; assistants and clerks. 43. Notice of sale of property to be published ; what notice shall contain ; statement of indebtedness to be served on delinquent tax-payer and no- tice of distress to be given be- fore advertising property as above. 44. Purchaser to pay taxes and costs of distress or execution. 45. If property not redeemed after a year and a day, deed to be executed. §45a. Property sold by one City Collector and sale reported and deed executed by his suc- cessor. §45b. Property sold and sale re- ported by one City Collector and deed executed by his successor. 46 Investment of surplus in pub- lic debt. 47. Owner of lot may redeem within specified time on pay- ment of certain sums. §47a. Owner of reversionary inter- est in leasehold property sold for taxes may in certain cases be allowed to redeem same. 48. Ratification of tax sales by Cir- cuit Court ; sale may be set aside and resale made ; appli- cation of proceeds of re-sale ; proviso. 49. Notice of sale by advertise- ment ; its contents. 50. Sale of chattels ; application of proceeds. 51. Advertised notice to be given of date when taxes become due ; bills to be sent by mail to taxpayers ; notice of taxes in arrear ; what said notice shall contain ; interest and penalty to be added ; expense of collecting taxes. 51a. Enforcement and collection of taxes begun by City Col- lector, may be completed by his successor ; duties of suc- ceeding Collector. Collector of State Taxes. 52. Appointment; compensation. 53. Bond. 54. Daily deposits of State Taxes ; penalty for failure. 55.. State Treasurer may examine books weekly. 56. When Governor may appoint Collector. CITY OF BATTIMORF. 57. Commission of Collector to be levied. 58. City Collector to collect State Taxes. 58a. Certificate of the City Collec- tor, or of the Collector of State Taxes as to the amount of taxes due to be prima fa- cie evidence of amount of taxes due. Collector of Water Rents and Li- censes. 59. Appointment ; duties ; when license shall become due ; proviso. Department of Law. 60. City Solicitor. 61. His appointment; qualifica- tions ; salary. 62. City Solicitor the legal advisor of the Mayor and City Coun- cil of Baltimore; appointment of assistants ; salaries ; when Deputy City Solicitor shall act as City Solicitor ; duties of Assistant City Solicitors ; examination of titles. 63. City Solicitor to give written opinions on legal instruments to which city is a party. 64. Offices and office-hours of Law Department. 65. Employment of clerk, steno- grapher, etc.; duties of clerk; to keep a file of legal opinions and abstracts of titles. 66. Authority of City Solicitor re- specting suits on behalf of city. 67. Traveling expenses of City Solicitor and assistants. Department of Public Safety. 68. Head of Department to consist of Board of Public Safety ; province of board. Board of Fire Commissioners. 69. Appointment of Board ; presi- dent ; salaries and powers. 70. May retire disabled members of Fire Department ; pensions for widows and children. Commissioner of Health. 71. Appointment ; his duties and powers ; salary ; may appoint subordinates and fix their compensation. 72. To appoint sanitary inspectors. 73. To appoint inspectors and ana- lysts of bakeries, etc. 74. To appoint milk inspectors. 75. Quarantine Hospital Physician; residence ; powers of Com- missioner of Health in regard to quarantine regulations. 76. Salary of Quarantine Hospital Physician . 77. Appointment and duties of Vaccine Physician ; to keep record and report vaccina- tions ; other duties ; salary. 78. Vaccine Physicians to act as ht alth wardens of their wards. Inspector of Buildings. 79. Qualifications and appoint- ment ; duties ; salary. 80. Duties in relation to fire exits. 81. Persons not complying with law to be penalized. 82. To enforce execution of build- ing laws. . Commissioner of Street Cleaning. 83. Appointment; duties; salary; to appoint subordinates and fix their compensation. Department of Public Improve- ments. 84. Board of Public Improvements to be its head; its sphere and powers; duties of Board. CHARTER. 9 85. Board to give its opinion in writing on all ordinances for public improvements where cost exceeds |2,000. City Engineer. 86. Appointment; duties; qualifi- cations required; .salary and powers. 86a. Authority given to City En- gineer in event of his sickness or absence to delegate his powers to a subordinate. Protection of Improved Paveme^its. 86b. Notice to be given when im- proved pavements are to be laid; contents of notice; pro- viso. 86c. Such pavements not to be disturbed; permit required. Water Board. 87. To have charge of water sup- ply; Water Engineer; ap- pointment of subordinates in this sub-department; duties of Water Board and Engineer. 87a. Water rates; powers of Water Board. Harbor Board. 88. To have charge of harbor, wharves, etc.; President to be known as Harbor Engineer; latter to appoint subordinates subject to approval of Board, etc.; duties of Engineer and Board. Inspector of Buildings. 89. Further duties; to superintend construction of municipal buildings. Department of Public Parks and Squares. 90. Board of Park Commissioners to be its head; appointment; president; secretary; his sal- ary and duties; duties of Board. 91. Jurisdiction of Board. 92. Powers of Board. 93. Regulating the speed of vehi- cles and equestrians in parks; to regulate admission of pub- lic conve 3 'ances. 94. Board conservators of peace in parks and squares. 95. Board of Police Commissioners to detail regular police on request of Board of Park Commissioners. 96. Zoological collections to be formed ; powers in relation thereto. 97. Full power to employ persons necessary to preserve parks, etc., in its judgment; park fund ; the requirements of section 36 of this Article to apply to said Board ; proviso relating to Board entering office in 1900. 98. Night watchmen. Department of Education. 99. Board of School Commission- ers ; appointment ; its presi- dent ; members of Board ; qualifications ; teachers ; ap- pointment and removal of subordinates and teachers ; their salaries ; schoolhouses ; purchase of text books, sta- tionery and furniture for public schools. 100. To appoint certain school offi- cers; Superintendent of Pub- lic Instruction and Assistant Superintendents; School Visi- tors ; duties; Supervisor of School Buildings. Superintendent and Assistant Su- perintendents of Public Instruction. 101. Their duties; standing com- mittees ; to visit schools ; candidates for teaching to be 10 CITY OF BALTIMORE. examined, and graded lists prepared ; nominations ; ad- visory duties ; Board to in- struct. 102. School Visitors to make re- ports; meetings of. Department of Charities and Cor- rections. 103. Organization of Department ; Supervisors of City Charities and Visitors to the City Jail to compose Department. Supervisor of City Charities. 104. To be head of first sub- department ; appointment of Board ; annual report. 105. Appropriations for treatment, care or support of indigent poor by institutions, etc., to be by contract, per capita ; president ; qualifications of Supervisors ; their duties ; powers in relation to appoint- ment and compensation of subordinates. 106. No appropriation for mainten- ance outside of Almshouse, except as provided herein. 107. The Supervisors shall have care of poor of city ; their powers in relation to desti- tute or neglected children ; commitments to institutions ; foundlings. 108. Who may be admitted into Almshouse. 114. Duties of Superintendent. 115. Purveyor of Provisions; ap- pointment and duties. 116. Bond of Purvej-^o^ of Pro- visions. 117. Offenders excepted from fore- going provisions. Visitors of the fail. 118. Appointment; duties; to have charge of reformatory, crimi- nal and penal institutions. 119. Meetings of Board. 120. Powers of Board. §120a. To examine into mental condition of convicts. 121. To supervise care of prisoners in City Jail 122. Convicts to labor, 123. Vagrants to work. 124. Other prisoners to work, when. 125. Book of accounts to be kept. Warden of Jail. 126. Appointment; his subordin- ates. 127. His duties; responsibility for escape of prisoners. 128. His bond. 129. Oath. 130. Assistants to warden; duties; appointment ; compensation. 131. Commitments. 132. Conducting prisoners to court. 133. To account for jail fees. 134. Annual Statement of Visitors. 135 . No liquor to be brought within jail ; penalty. 136. Penalty against warden. 137. Visits to prisoners only on special license. 138. Prison fare. 109. Support, treatment and em- ployment of paupers. 110. Supervisors may procure nec- essary machinery. 111. Meetings of Supervisors. 112. Correction of disorderly pau- pers. 113. Superintendent of Almshouse; appointment of ; bond of. CHARTER. 11 Convicts. 139. Reduction of sentence for good behavior. 140. Separate confinement. Vagrants. 141 . List of, committed Justices of the Peace ; costs. 142. Costs chargeable to persons committed for want of secu- rit)' to keep peace; costs, how accounted for. 143. Transfers to Almshouse. 144. Prisoners affected by disease or becoming insane. Department of Review and Assess- ment. ! 145. Composition of Department ; its head ; duties and powers. Appeal Tax Court. 146. Members and their appoint- ment ; term of office; salaries ; clerk and employes. 147. To hear appeals, make trans- fers and correct assessments. 148. Assessors to discover and assess property ; to make re- turn thereof. 149. Their compensation. 150. Duties of Court before increas- ing assessments or adding new property; to notify owner^ interrogatories ; procedure in fixing assessment ; proviso. 151. List of holders of city loans. 152. Court to examine and correct list. 153. Payment of State tax on such Loans, i 154. Court to make list when City i Register fails ; City Register j then to pay tax; exemptions, j 155. Compensation of Court for j this work. 1 §155a. List of stockholders to be furnished by incorporated in- stitutions ; what list shall show ; assessment of such stock ; penalty for failure to furnish such list; list of stock held by non-residents ; col- lections of assessments on such stock; method of valua- tion ; penalty. 156. Inquiry of Court when allow- ances for alienations are asked for. 157. Interrogatories ; powers and procedure of Court in such cases. 158. Persons removing to city to give account of personal property. 159. Penalty for neglect ; Court to assess on its own inquiry 160. Duty of Court in cases of removal of personal property elsewhere. 161. Clerk of Court to record accu- rate account of property assessed. 162. Return of assessments of prop- erty to be transmitted to State Comptroller. 163. State’s Attorney to inform Grand Jury of failure to transmit return. I 64 A. Power of Court to make original valuations and assess- ments and to revise valua- tions and assessments of per- sonal property and to revise valuations and assessments of real property ; to discover and assess all unassessed property. 164b. F'ailure of Clerk to perform his duties ; penalty. 165. Clerks of courts to furnish lists of alienations and sales to Appeal Tax Court. 12 CITY OF BAFTIMORF. 166. Alienee to be assessed. 167. Court to alter and correct assessments. 168. Register of Wills to return summary account of property held by executors, etc. 169. Property discovered to be assessed. 170. Appeals in City Court for re- view of assessments; peti- tions; summons; when appeals shall be taken; hearing, when; Appeal Tax Court to transmit record •* practice in such ap- peals ; jury trial or trial by court; record to be amended; assessment to be increased or reduced; certificate of record to be conclusive unless appeal is taken to Court of Appeals; no stay of levy; allowance to petitioner if assessment de- termined excessive ; when assessment is increased by City Court, practice ; appeal to Court of Appeals. §170a. Mayor and City Council of Baltimore may appeal from decisions of State Tax Com- missioner. 171. Basis on which taxes shall be assessed and levied; provisos; Appeal Tax Court to deliver statement of taxable property to City Collector and Board of Estimates; tax roll; duties of Appeal Tax Court. Commissioners jor Opening Streets. 172. , Second sub-department of Review and Assessment; ap- pointment; tenure; salaries; duties; clerk to Board; salary; appointment of employes. 173. Clerk to keep record of pro- ceedings. 174. City Register or City Collector to receive assignments from parties allowed damages. 175. How commissioners shall pro- ceed ; notice ; damages to be assessed ; benefits to be as- sessed. 176. Where part only of a lot shall be taken ; manner of valua- tion; notice of sale; purchase money, when to be paid; bond of purchaser ; failure of pur- chaser to comply; when part of lot only is to be condemned; private sale of sheds, etc. 177. Statements to be made and published of damages and benefits assessed by Commis- sioners; notice of meeting for revision; to hear parties inter- ested and make corrections; proceedings to be deposited with City Register; City Reg- ister to advertise deposit of proceedings and right of ap- peal. 178. Notice to be served on parties assessed. 179. Appeal to Baltimore City Court ; when to be heard ; proceedings to be delivered to said court ; procedure therein ; jury trial ; duties of court ; record of trial of ap- peals ; appeal to Court of Appeals ; costs ; powers of court. 180. When ordinance shall be set aside by court, or repealed. 181. Proceedings where an appeal shall be taken, or after ap- peals are decided. 182. Sale of assessed property, when sums assessed are not paid. 183. How sales shall be made. 184. Deed to purchaser. CHARTER. 13 185. Assessments to be liens until paid. 186. Payment by third parties of benefits. 187. Commissioners in special cases. 188. Fee and leasehold to be dis- tinguished. 189. Obstructions to be removed ; suit for expenses. 190. Per diem to commissioners to be assessed. 191. City Register to pay expenses. 192. Books and papers to be de- posited with City Register. 193. Deeds of gifts to city from owners of beds of streets and alleys ; proviso. 194. Such streets and alleys to be public highways. 195. Petitioners to state location and number of front feet of their property. Municipal Officers Not Included In Any Department. City Librarian. 196. His appointment ; duties ; to arrange, classify, index and preserve municipal books, documents, etc., etc.; salary and bond. 197. Stationery and printed matter required by departments ; contracts for stationery; such contracts to cover additional supplies ; City librarian to furnish stationery to the de- partments; to keep an account of supplies furnished; report to City Council. 198. First and second Assistant Librarian; duties; bond; sala- ries. 199. Record to be kept of requisi- tions filled; bids and contracts. 200. When library shall be kept open. Art Commission. 201. Appointment of Commission. 202. To approve sites, designs, etc., of public improvements. 203. To give advice on designs for public structures ; vacancies in Commission. Superhitendent of Lamps and Lighting. 204. Appointment; duties; to have appointment of subordinates; compensation of Superinten- dent; salaries of subordinates. Sii^ veyor. 205. When to be elected ; duties and compensation. Constables. 206. To be appointed bi-ennially; duties and compensation. Superintendent of Public Buildings . 207. Appointment; duties; salary; assistants and employes. Public Printer. 208. City Council to elect ; duties; bond. Department of Legislative Refere7ice. 208a. Composition of ; competent statistician to be employed. 208b. Duty of such executive offi- cer ; to advise in preparation of bills and ordinances ; to keep records accessible to general public. 208c. Salary of executive officer and expenses of department. Legislative Department. City Council. 209. Branches of City Council. 14 CITY OF BALTIMORE. 210. First Branch; qualifications of members ; salaries. 211. Second Branch; qualifications members ; term of office ; salaries. 212. Election for members of First Branch; when held. 213. Election for member of Sec- ond Branch; term of office. 214. Election of President of Sec- ond Branch; salary; how and on what grounds President may be removed. 215. Election of members of City Council, qualifications of; vacancies in City Council. 216. Meetings of City Council ; duration of sessions; when Mayor may convene City Council. 217. Absent members ; compelling attendance ; President of first branch ; when to act as Mayor; each branch to judge of qualifications of its mem- bers ; expulsion of members ; rules ; journals. 218. Powers of Mayor and City Council to pass ordinances. 219. Printed volumes of Ordinan- ces and Resolutions as evi- dence. 220. Ordaining phrase. 221. Ordinances and Resolutions; vote necessary to pass ; to embrace but one subject; when to become effective ; third reading. 222. Election of president of Second Branch in case of vacancy. MISCELLANEOUS LOCAL LAWS. Arbitration, — Court of. 223. Board of Trade to organize court of, to decide contro- versies between its members ; controversies to be submitted in writing. 224. To elect a judge to carry out powers of the court ; clerk of court ; to define powers, etc., of said judge and clerk ; lay arbitrators; to prescribe pro- cedure of hearings of ; to regulate costs and fees. 225. Judgment, how enforced ; to be entered up by Clerk of Superior Court or Court of Common Pleas ; verdict and execution thereon ; wdiere judgment is for recovery of property ; writ of possession may issue. Arbitration Committee of the Corn and Flour Exchange. 226. Election of Committee ; to hear controversies submitted in writing. 227. Procedure and practice be- fore said Committee ; award to be in writing. 228. Award by agreement in writ- ing may be final and may be enforced by writ of execution ; no jurisdiction in matters af- fecting title to real estate ; stay of judgment; striking out judgments ; appeals. Assault and Battery. 229. Between 6 P. M. and 6 A. M. penalty. 230. Pleadings, necessary aver- ments. 231. Presentments or indictment, necessary allegations. Auctions. 235. Duties on sales, how calcu- lated and paid. 236. No duties on private sales. 237. Duty lien on real estate. MISCEI,I. M. & C. C. of Balto., 46 Md. 425. Hodges Balto. P. Ry. Co., 58 Md. 603. N. Balto. R. R. Co., ‘v. N. Avenue R. R. Co., 75 Md. 233. N. Balto. Pass. R.R. Co. ‘T’. Baltimore, 75 Md. 247. Lake Rol. Kl. R. R. Co. v. Balti- more, 77 Md. 352, 384. Lake Roland, etc. Co. Webster, 81 Md. 529. Park Tax Case, 84 Md. 1. Poole . Ulman, 79 Md. 480. *Ulman v. Baltimore, 165 U. S. 719. Balto. V. Stewart, 92 Md. 535. (f) Footways. P. L. h., (I860) Art. 4, sec. 852. P. L. L., (1888) Art. 4, sec. 816. To pass all ordinances necessary for grading, regu- lating, paying and repairing the footways in the streets, lanes and alleys of the City, and impose a tax on any lot Grading regu- any pavod street, lane or alley, for the purpose ing”and?e- grading, regulating, paving or repairing footways in thereof, or compel by fine or otherwise the owner or proprietor of any lot to pave or repair the footways in front thereof, agreeable to the ordinances to be passed by it ** (g) Regulating use of Streets. OBSTRUCTIONS AND ENCROACHMENTS. To regulate the use of streets, highways, roads, public places and sidewalks by foot passengers, animals, vehicles, ^ orfnd^pre-*^ motors and locomotives, and prevent encroachment servestreet as thereon and obstruction of the same.t a highway. C. & P. Tel, Co. V. Baltimore City, 89 Md. 705. Hagerstown z/. Klotz, 93 Md. 440. Townsend, Grace & Co. v. Epstein, 93 Md. 537. Baltimore City V. Beck, 96 Md. 190. B. &0. R. R. Co. v. Balto. City, 98 Md. 536- Knight V. Balto. Citj^, 97 Md. 649. Balto. City v. 'W^’alker, 98 Md. 640. Brauer v. Refrigerator Co., 99 Md. 376. **Note.— S tate V. Kent County, 83 Md. 379. tNoTE. As to widening of sidewalks by City, see, Klein v. U. Rys. &Elec. Co., Daily Record, January 4, 1906. For decisions arising out of the exercise and construction of powers under paragraph ( g ), see. REGULATING USE OF SIDEWALKS. 79 (h) Opening of Street Surface. To regulate the opening of street surface, for the purposes authorized by law or ordinance.** (i) Numbering Houses. To regulate the numbering of houses, lots, streets and avenues, and the naming of streets, avenues and public places. (j) Regulating Use of Sidewalks and Streets By Signs, Poles, Wires, Etc. To regulate the use of sidewalks for use of telegraph posts, trolley poles, electric light poles, telegraph wires, electric light wires, and for any and all other* purposes. Mayor & C. C. of Balto. v. Marriott, 9 Md. 160. Roman v. Strauss* 10 Md. 89. Ma}W, &c., Balto. v. Pennington, 15 Md. 12. Altvater v. Mayor, 31 Md. 462. Houck v. Wachter, 34 Md. 265. Peddicord’s Case, 34 Md 463. Mayor, &c. v. Holmes, 39 Md. 243. Flynn z'. Canton Co., 40 Md. 312. Mayor, &c., Balto. v. O’Donnell, 53 Md. 110. Turner v. Holman,' 54 Md. 148. Gore v. Brubaker, 55 Md. 87. Canal Co. v. County Commrs., 57 Md. 201. Textor z/. B. &0. R. R. Co., 59 Md. 63. Sinclair V. Baltimore, 59 Md. 598. Crook v. Pitcher, 61 Md. 510. Thomas v. Ford, 63 Md. 346. Taylor v. Cumberland, 64 Md. 68. Garrett v. Janes, 65 Md. 260. Kennedy v. Cumberland, 65 Md. 514. C. & P. Tel. Co. V. Mckenzie, 74 Md. 49, 50. Koch v. N. Ave. Ry. Co., 75 Md. 229. N. Balto. R. R. Co. z/. N. Ave. R. R. Co., 75 Md. 233. N. Balto. R. R. Co. V. Baltimore, 75 Md. 247. Twilley v. Perkins, 77 Md. 262. Lake Rol. El. R. R. Co. v. Balto., 77 Md. 372-381. Green v. City & Sub. Ry. Co., 78 Md. 307. Condon v. Sprigg, 78 Md. 337. Garrett V. Lake Rol. Elv. R. R. Co., 79 Md. 211 . Postal Telg, Cable Co. v. Baltimore, 79 Md. 512. Cochrane v. Frostburg, 81 Md. 54. Ulman v. Charles St. Ave. Co., 83 Md. 145. Baldwin v. Trimble, 85 Md. 396. Gunther v. Dranbauer, 86 Md. 1. Reidel v. P., W. & B. R. R. Co., 87 Md. 158. Worcester Co. v. Ryckman, 91 Md. 37. Mason v. Cumber- land, 92 Md. 462. Keen v. Havre de Grace, 93 Md. 34. Magaha v. Hagerstown, 95 Md. 69. New Windsor v. Stocksdale, 95 Md. 215. **In relation to opening street surface, see, State v. Latrobe, 81 Md. 233. Edison Co. v. Hooper, 85 Md. 111. C. & P. Telephone Co. v. Balto. City, 89 Md. 689. Balto. City v. Balto. Co. W. & E. Co., 95 Md. 239. Regulation of same. Numbering houses, etc., and naming streets. To regulate the use of side- walk for any purpose and space above and below same. 80 GENERAL POWERS. Cleaning streets. Lamps and Lighting. Railroad tracks, gas pipes, poles and wires. and to prohibit the erection of any posts, poles or wires, and to compel the removal of any posts, poles or wires in, over or above any street, sidewalk or highway. * dies. & Pot. Tel. Co. z/. MCKenzie, 74 Md. 47. Postal Telg. Cable Co. V. Baltimore, 79 Md. 512. Balto. City v. Walker, 98 Md. 637. Brauer v. Refrigerating Co., 99 Md. 512. (k) Cleaning and Lighting Streets. P. L. L. (1860) Art. 4, sec. 862. P. L. L. (1888) Art. 4, sec. 819. To clean the streets and remove the dirt and filth therefrom, and to prohibit and punish by ordinance, the placing of any dirt, filth or other matter therein, and to protect any pavement by prohibiting the travel thereon. To erect lamps in any of the streets, lanes or alleys of said City, and cause the same to be lighted at the expense of the City. Baltimore City v. Beck, 96 Md. 183. See, also, Am. Lighting Co. v. McCuen, 92 Md. 705. (l) Use of Streets by Tracks, Poles and Wires. P. L. L., (1888) Art. 4, sec. 819 a. 1890, ch. 370. To regulate the use of streets, lanes or alleys in said City, by railway or other tracks, gas or other pipes, tele- graph, telephone, electric light or other wires and poles, Ches. & Pot. Tel. Co. v. McKenzie, 74 Md. 47-48. Koch v. North Ave. Ry. Co., 75 Md. 222-229. N. Balto. Pass. Ry. Co. v. N. Ave. Ry. Co., 75 Md. 233. N. Balto. Pass. Ry. Co. v. Mayor, &c., Balto., 75 Md. 247. Lake Rol. R. R. Co. v. Baltimore, 77 Md. 380-381. Garrett v. Lake Rol. El. R. R. Co., 79 Md. 286. Postal. Tel. Cable Co. 2>-. Balto., 79 Md; 511. Edison Co. v. Hooper, 85 Md. 111. Hooper v. Balto. City Pass. Ry. Co., 85 Md. 509. Poole v. Falls Rd. Ry. Co., 88 Md. 533. C. & P. Tel. Co. z'. Balto. City, 89 Md. 705. C. & P. Tel. Co. v. Balto. City, 90 Md. 638. Baltimore z^. C. & P. Tel. Co., 92 Md. 692. Balto. 27 . Balto. Co. W. & Elc. Co., 95 Md. 239. Purnell v. McLane, 98 Md. 594. Simon’s Sons v. Md. Tel. & Telg. Co., 99 Md. 173. *Notk : — The Act, 1906, chapter 152 and the Act 1904, chapter 616, re-enacting section 8 of the Charter, by their terms necessarily modify the general power of the Mayorand Cit}^ Council of Baltimore in relation to signs, sign posts, awnings, awning posts and horse troughs where construction or erection of same obstructs sidewalk. Sub-division “J” of section 6, supra, has been modified accordingly. STREETS — CONDUITS, ELECTRICAE COMMISSION AND RENTALS. 81 in, under, over or upon the same, and to require all such wires to be placed under ground after such reasonable notice as it may prescribe.** (m) Conduits, Electrical Commission and Rentals OF Conduits. 1892, Ch. 200. P. L- L. (1888) Art. 4, Sec. 819 B. To provide a series of conduits under the streets, lanes and alleys of said City, or any part or parts thereof, Conduits for for the use of telephone, telegraph, electric light and other wires, either by constructing said conduits itself or and electric authorizing their construction by such person or corpora- tion, upon such terms as may be agreed upon. To appoint an Electrical Commission, with such powers and duties as Electrical it may deem proper or appropriate for carrying out the aforesaid provisions of this section relating to conduits. To require all such wires, or any part or parts thereof, and the poles carrying the same, to be removed from the surface of the streets, lanes or alleys of said City, or any part or parts thereof, and to require such wires to be placed in such conduits, all under such penalty as it may prescribe. To prescribe and establish reasonable rentals to be paid by any company or person using any of said conduits, by whomsoever the same may be constructed, for the use thereof, and to provide for the collection of such rentals, in addition to the ordinary processes by such summary methods as it may deem appropriate ; provided. Rentals, however, that nothing contained in this Article shall be **Note : — Rule laid down as to extent of City’s right to regulate erection of poles in the streets. City & Suburban Railway Company, V. Brush Electric Co., Daily Record, December 20. 1895. When action at law is only remedy for injuries to abutting property by the erection of a pole. Polenk v. Md. Telephone Company, Daily Record. June 13, 1901. For further decisions relating to use of streets by tracks, poles and wires, see, N. C. Ry. Co. V. M. & C. C. of Balto., 46 Md. 423. Kirbv v. Citizens Ry. Co , 48 Md 168. Hiss v, Balto &H. Ry. Co, 52 Md. 242. Hodges V. B. C. P. Ry. Co., 58 Md. 603. Canton Co. v. B. & O. R. R. Co., 79 Md. 432. State ex rel v. Latrobe, 81 Md, 222. Birch v. Lake Rol. El. R. R. Co., 83 Md. 369. United Rys. Co. v. Hayes, 92 Md. 490. Lona- coning v. Consol. Coal Co. 95 Md. 635. B. & O. R. R. Co. v. Baltimore, 98 Md. 536. Consol. Gas Co. v. Balto. Co. 98 Md. 696. 82 GENERAL POWERS. deemed or taken to modify or change, in any manner, the provisions of Ordinance Number Forty-one, of the Mayor and City Council of Baltimore, approved May 9, 1889, or the rights and privileges granted thereby to the companies therein named or either of them. Hooper v. City Pass. Ry. Co., 85 Md. 110. C. & P. Tel. Co. v. Balti- more, 89 Md. 689. C. & P. Tel. Co. Baltimore, 90 Md. 638. C. & P. Tel. Co. V. Baltimore, 92 Md. 692. Purnell z/. McLane, 98 Md. 590. 6y., Edison Co. v. Hooper, 85 Md. 110. Simon’s Sons v. Md. Tel. Co., 99 Md. 173. (n) Bridges and Turnpike Roads. 1824, ch. 105. P. L L., (1860) Art. 4, sec. 857. P. L. L., (1887) Art. 4, sec. 818. To purchase, with the County Commissioners of ^w^ith'county any adjoining or neighboring counties of said City, all ers, turnpike bridges and turnpike roads, or any portions thereof, totlr^cRy.^ leading toward said City, at such times and upon such terms as it and said County Commissioners on the one part, and the owner of such bridges and highways on the other, may mutually agree, and when so purchased all or any of them shall thereafter be free public highways, and as such under the care and management of said City and said County Commissioners, as they may respectively provide and stipulate as between them. Hooper v. President, B. & Y. Turnpike Road, 34 Md. 521. Balto. &. Havre de Grace Turnpike Co. v. Union Ry. Co., 35 Md. 224. Peddi- cord V. B. C. & E. M. R. R. Co., 34 Md. 463. *M. & C. C. of Baltimore V. Turnpike Co., 80 Md. 541. See Frush v. Mayor, City Court, Oct. 15, 1874, decision of Brown, C. J. (o) Cathedral Cemetery. 1886, ch. 280. P. L. L., (1888) Art. 4, sec. 822. Opening exercise, in reference to opening streets and alleys mrou^h ca- through Cathedral Cemetery or burial ground in said City, thedrai cem- the Hghts and powers which it has, or may hereafter be conferred upon it, in reference to opening streets, lanes or alleys in said City. Cathedral v. Manning, 72 Md. 133. TAXES — ANNUAL LEVY AND PROPERTY TAXABLE. 83 (p) Light Street Bridge. 1886, ch. 24. P. L. L. (1888) Art. 4, sec. 823. With the County Commissioners of Anne Arundel County, to cause to be erected and maintained at their joint expense lamps along and on Light Street Bridge, not more than seventy-five yards apart ; provided, that there shall be at least one lamp at each end of the draw of said bridge, and the said lamps shall be attended to, cleaned, lighted at night and extinguished in the morning by the keeper of said bridge. Pumphrey v. Mayor, 47 Md. 145. Mayor, &c., v. Stoll, 52 Md. 435. See note pages 364-365 City Code (1879). (27) SURVEYOR. P. L. Iv., (1860) Art. 4. sec. 865. P. L. L., (1888) Art. 4, sec. 825. To prescribe by ordinance the duties and compensation duties and of the City Surveyor. (28) TAXES. (a) Annual Levy. 1874 ch. 180. P. L. L., (1888) Art. 4, sec. 827. To levy annually upon the assessable property of the City, by direct tax, with full power to provide by ordinance for collection of the same, such sum of money as may be b5"^o?dinan^ce necessary, in its judgment, for the purpose of defraying the expenses of said City over and exclusive of all expenses, charges and sums of money which it is, or shall be required by law to collect for other purposes subject to the provi- sions and limitations herein contained. St. Mary’s Industial School v. Brown, 45 Md. 329-333. Hopkins v. Van Wyck, 80 Md. 17. Casualty Ins. Co.’s Case, 82 Md. 561-564. Cf., Insurance Co. v. Mayor, &c., 23 Md. 296. Watts v. Port Deposit, 46 Md. 500-505. Mayor, &c., v. Johnson, 62 Md. 225. Hebb v. Moore, 66 Md. 167. B. C. & A. R. R. Co. v. Wicomico Co., 93 Md. 124. Water Co. V. Westminster, 98 Md. 551. (b) Property Taxable. 1865 ch. 119. P. L. L., (1888) Art. 4, sec. 828. To levy and collect taxes upon every description of ^°ectTax”on^aii property found within the corporate limits of said City, wUhi^city which it is now authorized by law to levy taxes upon, for the 84 GENERAL POWERS. Property ex- empted. purpose of defraying the expenses of the municipal government, whether the owners thereof reside within or without the limits of said corporation; provided that no stocks, bonds, mortgages, certificates or other evidences of indebtedness of any bank or other corporation situate within the limits of said City, which are owned or held by persons residing without said limits, shall be subject to taxation for the purpose above set forth ; and provided further that no authority is given by this section to impose taxes on any property which is now or may hereafter be exempted from taxation by any general or special Act of the General Assembly of Maryland, nor upon any property which may be stored or deposited in the City of Baltimore for temporary purposes.** M. & C. C. of Balto. V. B. & O. R. R. Co. 6 Gill 294. Latrobe v. Mayor, 19 Md. 13. Mayor v. Sterling, 29 Md. 48. The Appeal Tax Court Cases in 50 Md. Gunther z;. Baltimore, 45 Md. 457. Union, &c, Co. V. Mayor, 71 Md. 405. Hopkins v. Baker, 78 Md. 363. Postal Tel. Cable Co. v. Balto., 79 Md. 502. Park Tax Case, 84 Md. 1. Textor v. Shipley, 86 Md. 442. Corry v. Baltimore, 96 Md. 322. Balto. City v. Johnson, 96 Md. 738. Dry Dock Co. v. Baltimore, 97 Md. 103. Con- solidated Gas Co., V. Baltimore 101 Md. 541. **NoTE:— F or additional decisions bearing upon the construction of this section, see. Mayor, &c., v. Chase, 2 G. & J. 376. Dallam et al. v. Oliver’s Exrs., 3 Gill 445. Mayor v. State, 15 Md 376. Mayor, &c. v. Grand Lodge, 60 Md. 280. Mayor, &c. v. Canton Co., 63 Md. 218. Bonaparte v. State, 63 Md. 446. Mayor, &c.. Balto. v. Hussey. 67 Md. 112. Degner v. Mayor, &c., 74 Md. 144. Wells v. Hyattsville, 77 Md. 133. County Commr’s v. Winand, 77 Md. 522. U. S. Elec. Light Co. v. State, 79 Md. 63. Simpson v. Hopkins, 82 Md. 478. Myers z/. Baltimore County, 83 Md. 386. Fredk. County v. Fredk. City, 88 Md. 658. Salisbury v. Jackson, 89 Md. 521. Kinehart v. Howard, 90 Md. 1. Monticello v. Baltimore City, 90 Md. 426. Balto. City v. Safe Deposit & Trust Co., 97 Md. 659. Balto. City v. Allegheny Co., 99 Md. 1. Cambridge v. Water Co. 99 Md. 501. Note : — For other cases relating to taxes and taxation, see under sections 4, 4A, 36, 40, 42 to 58 inclusive, 145 to 171 inclusive, and 843 of the Charter. Taxation of Easements by Appeal Tax Court : In Article 81, sections 2, 4, 138 and 141, the Legislature did not intend that such an easement as the Baltimore and Fredericktown Turnpike Company possesses in its road-bed in Baltimore City should be assessable by the Appeal Tax Court. Balto. & Fredk. Turnpike Co. v. Mayor & C. C. of Baltimore, Daily Record, May 7, 1903. TAXES — ABATEMENTS TO ENCOURAGE MANUFACTURES. 85 (c) Abatements to Encourage Manufactures. 1880, ch. 187. P. L. U., (1888) Art. 4, sec. 829. To provide by general ordinance, whenever it shall seem expedient for the encouragement of the growth and development of manufactures and manufacturing industry in the said City, for the abatement of any or all taxes ing plants ^ j. mechan- levied by authority of the said Mayor and City Council ot icai tools. Baltimore, or by ordinance thereof, for any of the corpo- rate uses thereof, upon any mechanical tools or implements, whether worked by hand or by steam, or other motive power, machinery, manufacturing apparatus or engines owned by any individual, firm or corporation in said City, and properly subject to valuation and taxation therein, which said tools, implements, machinery, apparatus or en- gines shall be actually employed and used in the business of manufacturing in said City, and it shall be the duty of the Appeal Tax Court to make such abatements of taxes levied as aforesaid as may be authorized and directed by said City by ordinance as aforesaid ; provided that such abatement shall be extended to all persons, firms or corpo- rations engaged in the branches of manufacturing try proposed to be benefited by any ordinance passed under "j.": the provisions of this paragraph of this section ; provided further, that application for such abatement as aforesaid shall be made or verified to the satisfaction of said Court by the oath of the party applying for the same, or other satisfactory evidence, before the annual revision and cor- rection of the tax lists in each year, which said Appeal Tax Court is by law required to make, shall be completed and returned by said Court to the City Collector and Board of Estimates, and not afterwards ; and said Court shall further keep a record of all abatements made by it afore- said, and report in writing the aggregate amount thereof eruptions, during the year to the said Mayor and City Council of Baltimore on or before the fifteenth day of October in each year. Consol. Gas Co. v. Mayor & C. C. of Balto., 62 Md. 588. 6/., Wells V. Hyattsville, 77 Md. 125. Electric Eight Co. v. Frederick City, 84 Md. 599. 86 GENERAL POWERS. (d) Collection of Taxes. xb40, ch. 63. 1874, ch. 39. P. L. L., (1860) Art. 4, sec. 873. P. L. L., (1888) Art. 4, secs. 830, 831. To extend the limits of direct taxation within the said City, from time to time, as it shall deem expedient. To Powers in rela- have power to provide by ordinance or otherwise for the tion S taS' prompt collection of taxes due the City, and have power to sell real estate, as well as personal property, for the pay- ment of taxes.** Mayor, &c. v. Howard, 6 H. &. J. 383. Dugan v. Mayor, 1 G. & J. 499. Mayor, &c. v. Chase, 2 G. & J. 376. Dallam et al v. Oliver’s Exrs., 3 Gill 445, Eschbach v. Pitts, 6 Md. 71. Latrobe v. Mayor, 19 Md. 13. Appeal Ti r Court z/. W. M. R. R. Co., 50 Md. 274. Appeal Tax Court v. Pattersv. 50 Md. 354. Baltimore v. Hussey, 67 Md. 112. Union, &c. Co. v. Mayor, 71 Md. 238. Degner v. Mayor, 74 Md. 144. Parlett v. Dugan, 85 Md. 407. Textor v. Shipley, 86 Md. 442. (29) THEATRICAL AND OTHER PUBLIC AMUSE- MENTS, P. L. L. (1860) Art. 4. Sec. 906. P. L. L. (1888) Art. 4, Sec. 665. Power to li- rSuiate^ To provide for licensing, regulating and restraining theatrical or other public amusements within the City of Baltimore. • (30) WATER. (a) Acquisition of Land and Watercourses. Powers in rela- tion to water supply. 1853, Ch. 376. P. L. L. (1860) Art. 4, Sec. 928. P. L. L. (1888) Art. 4, Sec. 915. To establish, operate, maintain and control a system of water supply for Baltimore City, and to pass all ordi- nances necessary in the premises. From time to time to contract for, purchase, lease, and hold, in fee simple, or for a term of years, any land, real estate, spring, brook. ^*NoTK : In relation to collection of taxes generally, see^ Tuck V. Calvert, 33 Md. 209. Dashiell v. Mayor, 45 Md. 615. Wheeler V. Addison, 54 Md. 41. County Commissioners v. Union Mining Co., 61 Md 545. Hebb v. Moore, 66 Md. 167. Condon v. Maynard, 71 Md. 601. Faust Z'. Building Ass’n., 84 Md. 186. Fowble Z'. Kemp, 92 Md. 628. WATER — ACQUISITION OF PROPERTY AND MATERIAES. 87 water, watercourse, and also the right to use and occupy, forever or for a term of years, any land, real estate, spring, brook, water or watercourse which it may conceive expe- dient and necessary for the purpose of conveying water in- to the said City for the use of the said City and for the health and convenience of the inhabitants thereof, and also the right to enter and pass through, from time to time, as occasion may require, and to use and occupy the said lands, through which it may deem necessary to convey the said water ; and it is hereby invested with all the rights and powers necessary for the introduction of water into said ^effe?tTntrS •City, and to enact and pass all ordinances, from time to ^"terTnto time, which shall be deemed necessary and proper to exer- cise the powers and effect the objects above specified. Mayor, &c. v. Appold, 42 Md. 442. Mayor, &c. v. Warren Mfg. Co., 59 Md 96. Baltimore City v. Merryman, 86 Md. 591. Cf.^ Baltimore V. Ritchie, 51 Md. 232. Consolidated Gas Co. v. Balto. County, 98 Md. 695. Callaway v. Baltimore City, 99 Md. 316. (b) Sale of Water. 1882, ch. 225. P. L. L.,(1888) Art. 4, sec. 916. To contract with individuals, firms or corporations for contract the use of the water of said City, on such terms and for use of such time as it may deem proper and expedient. Baltimore City v. Day, 89 Md. 555. (c) Acquisition of Property and Materials by Agree- ment. P. L. L., (1860) Art. 4, sec. 929. P. L. L., (1888) Art. 4, sec. 917. The Mayor and City Council of Baltimore, or any agent authorized by it, may agree with the owner of any land, real estate, spring, brook, water or watercourse, as afore- said, earth, timber, stone or other materials which it may necessary conceive expedient or necessary to purchase and hold, for [%du?/ng the purpose of introducing water into the City of Balti- more. Baltimore City v. Day, 89 Md. 551. 88 GENERAL POWERS. May condemn any interest in land or property or any materials needed in in- troduction ci water into City. Provisions for summoning- jury of inqui- sition and notice of same. (d) Or, May Acquire Same by Condemnation Pro- ceedings. 1853, Ch. 376. P. U. U. (1860) Art. 4, Sec. 930. P. L. L. (1888) Art. 4, Sec. 918. If they cannot agree, or if there be any incapacity or disability to contract with the owner of such land or real estate, spring, brook, water or watercourse as aforesaid, earth, timber, stone, or other materials, or with the owner of such lands through which the said City may find it nec- essary to have a right of entry and passage, for the pur- pose of conveying the said water into the said City, or if such owner should be absent, out of the State, or unknown, it shall be lawful, on application of the City, for any Jus- tice of the Peace of the county in which said lands, earth or other property or materials as aforesaid are situate, to issue his warrant to the Sheriff, of said county, command- ing him to summon from the said county a jury of twenty freeholders, inhabitants of said county, not related to the owner or persons interested, as aforesaid, in the said real estate, or other property, to meet on the premises which are to be valued, on some certain day to be named in said warrant, of which said warrant and the day therein named for the meeting of the jury, twenty days’ notice shall be given previous to such day by the City to every owner or person interested, as aforesaid, or if any owner be an in- fant or lunatic, or feme covert, to his or her guardian or her husband, or in either case left at his or her place of abode, or if out of the State or unknown, such notice shall be published not less than eight weeks successively in some one or more of the daily newspapers of Baltimore City, and in some one or more of the newspapers of the county in which said property may be located, if any newspapers be published in such county. Graff V. Mayor, 10 Md. 544. Kane v. Mayor, 15 Md. 240. Taylor v. Mayor, 45 Md. 576. Mayor, &c. v. Warren Mfg. Co., 59 Md. 96. Balto. City V. Merryman, 86 Md. 591. C/., Baltimore v. Ritchie, 51 Md. 233. Helfrich v. Catonsville W. Co., 74 Md. 269. WATER — INQUISITION . 89 (e) Selection of Jury. P. L. L., (1860) Art. 4, sec. 931. P. L. L., (1888) Art. 4, sec. 919. From the list of jurors so returned and attending, the person, the condemnation of whose property may be de- sired, may strike four, and the said City may strike four, so that the number of jurors be reduced to twelve, and in those attend - case either party shall neglect or refuse to strike off the names of jurors, then it shall be the duty of the Sheriff or his deputy, who shall attend as hereinbefore directed, to strike off jurors for the party so refusing or neglecting, so that the number of jurors be reduced to twelve as aforesaid. (f) Duty of Jury. P. L. L. (1860) Art. 4, vSec. 932. P. L. L. (1888) Art. 4, Sec. 920. The jurors so remaining shall inquire into, assess and ascertain the sum of money to be paid by the said City for^Yng^^a^e^' land, spring, brook, water rights or other property which beYS“ it may deem necessary to purchase and hold or use for the purpose aforesaid. (g) Oath. P. L. L. (1860) Art. 4, Sec. 933. P. L. L. (1888) Art. 4, Sec. 921. Before the said jury act as such the said Sheriff ot his deputy shall administer to each of them an oath that he will justly and impartially value the damages which the owners or parties holding an interest therein will sustain by the use and occupation of said property by the City. (h) Inquisition. P. L. L. (1860) Art. 4, Sec. 934, P. L. L. (1888) Art. 4, Sec. 922. The said jury shall reduce their inquisition to writing and shall sign and seal the same, and it shall then be re- ^ qulsufonYo turned by said Sheriff to the Clerk of the Circuit Court for retum^same said County, and be filed by such clerk in his office, and shall be confirmed by said court at its next session, if no sufficient cause to the contrary be shown ; and when con- firmed shall be recorded by the said clerk at the expense of the city. 90 GENERAL POWERS. Appeals. (i) Duty of Court. P. L. L. (1860) Art. 4, Sec 935. 1876, Ch. 19. P. L. L. (1888) Art. 4, Sec. 923. If not confirm- Confirmed, the said court may direct another in- orde?anoSie^ Quisition in the manner above described. From any de- inquisition. cision on matter of law made by said court on a hearing for confirmation, an appeal may be taken to the Court of Appeals ; provided, that such appeal be taken within ten days after such decision shall be made, and the Court of Appeals may award costs to either party in its discretion. Taylor v. Mayor, 45 Md. 576. (j) Property Condemned. P. L. L. (1860) Art. 4, Sec. 936. P. L. L. (1888) Art. 4, Sec. 924. Property taken The inquisitioR shall describe the property taken or ed and inter- the bounds of the land condemned, and the quantity or stated. duration of the interest in the same, valued to the City ; and such valuation, when paid or tendered to the owner of said property, or his legal representative, shall entitle the City to the use, estate and interest in the same thus ^wsVin^city. valued, as fully as if it had been conveyed by the owner of the same ; and the valuation, if not received when ten- dered, may at any time thereafter be received from the City, without interest, by the said owner or his legal rep- resentative. Ma}^or, etc. v. Warren Mfg. Co., 59 Md. 96. (k) Selection of Jury. P. L. L., (1860) Art. 4, sec. 937. P. L. L., (1888) Art. 4, sec. 925. If the twenty jurors summoned as aforesaid shall not appear at the time and place as aforesaid the Sheriff or his deputy, as the case may be, shall forthwith summon other freeholders of the county, from the bystanders or others qualified as aforesaid, to make up the said jury to the number of twelve. Talesmen ; completion of jury. (l) Compensation of Jurors and Sheriff. P. L. L., (I860) Art. 4, sec. 938. P. L. L., (1888) Art. 4, sec. 926. To receive com- The jurors so summoned and attending shall be allowed fo^wld1uro?i’ the same compensation as is allowed to the jurors in the comfi Circuit Court for the County, and the sheriff shall be WATER — WATER STOCK. 91 allowed similar fees as are allowed by law for the sum- moning jurors to attend Circuit Court for the county, and also a per diem of two dollars for every day he or his deputy shall be- in attendence upon an inquisition; and such expenses shall be paid by the City, except in cases of objection to the confirmation of inquisitions before the Circuit Court, when the costs in said Court may be awarded in the discretion of the Court. (m) Water Stock. 1870, ch. 24. P. E. L., (1888) Art. 4, sec. 927. For the purpose of defraying all the expenses and ^ c. of costs of lands, waters and water rights as have been taken for the purposes aforesaid, and of constructing all works st°ck necessary to the accomplishment of said purposes, and all exceeSinT*" expenses incident thereto, the said City shall have author- $5,ooo.ooo. ity, in the name of the City, to issue certificates of debt, to be denominated on the face Baltimore Water Stock to an amount not exceeding five million dollars bearing interest not exceeding six per cent, per annum, and to provide by ordinance for the redemption of the same at a certain time, under such provisions as the City may deem expedient and proper. The said City is authorized and empowered to assess rates for the supply and use of water at any point in Baltimore City or County, and also to ^raTe?TnTen- enforce payment for the use of water, and other expenses incurred in the introduction of water from the water mains, according to the rates established by the said City, said payments to be enforced by the same process that City or state taxes are collected, or that may be collected by process before a Justice of the Peace, or in any of the Courts of the City of Baltimore having jurisdiction in such cases. The said City is authorized and empowered to appoint watchmen or such police force as may be necessary for the protection of its water works in the City and County ^ wateSJstem of Baltimore, and to impose fines and penalties for inter- pSnution! or ference with or injury to the works or their appendages, wuh To prevent the water from being obstructed or contami- nated, and to prohibit all meddling or tampering with the 92 GENERAL POWERS water works and their appurtenances; said fines and penalities shall be enforced and collected as other fines and penalties are enforced and collected by law. * Bonds to amount of $ 1 , 000,000 may be issued. (n) Water Bonds. 1886, ch. 121. P. L. L., (1888) Art. 4, sec. 928. To issue bonds or certificates of indebtedness to an amount not exceeding one million dollars, from time to time, as the same may be required, payable at such time and bearing such rate of interest not exceeding five per cent, per annum as the said City shall provide by ordinance, . the proceeds of the said bonds or certificates of indebted- ness to be applied to the purpose of constructing and powder Falls, completing Lake Clifton, as proposed to be constructed on the line of the work of the introduction of the water of the Gunpowder Falls to the City of Baltimore, and for the acquisition of the necessary land in Baltimore County, whereon to locate one or more reservoirs, and for the construction of said reservoir or reservoirs, and for obtaining such pumping machinery as may be necessary in connection therewith, and for procuring and laying of iron pipes or mains for the purpose of distributing said water to the inhabitants of said City; provided, however, that the said bonds or certificates of indebtedness shall* not be issued until the ordinance which the City is autho- rized to enact for such issue shall be approved by a majority of the legal voters of Baltimore City, at the time and place to be appointed by said ordinance in the pro- visions for submitting the same to the legal voters of said City, as required by section 7 of Article XI of the Constitution of the State. *NotE. — In reference to the above mentioned water stock, see case of Duke Bond v. Mayor, etc. of Baltimore, pending in the Court of Appeals, October term, 1906. See Code 1879, notes, pages 1156 & 1157. Note : Approved by people October election, 1886. WATER SYSTEM IN ANNEX AND SUBURBS. 93 (o) Water System in Annex and Suburbs. P. L. L., (1860) Art. 4, sec. 940. P. h. U., (1888) Art. 4, sec. 930. 1888, cli. 98, sec. 25. Before the City shall lay any water pipes along any pfpeTifd ap- street, road, lane or avenue in the territory annexed to the cLto"nswne City of Baltimore under the provisions of the Act of 1888, af pro- Chapter 98, upon which the Catonsville Water Company has laid its pipes and other water appliances, the said City shall, if said company desires to surrender said pipes and water appliances in such street, road, lane or avenue, to the City, pay to the said company the fair value of its water pipes and other water appliances constructed in said street, lane, road or avenue, and such actual damages to the said company as shall be caused by the acquisition of said pipes and appliances by the City ; and the amount so to be paid, if the said company and the said City cannot agree in reference, thereto, shall be ascertained by a major- ity of a board of three arbitrators, one to be appointed by the City, and one by .^aid company, and the two arbitrators thus appointed shall appoint the third arbitrator ; and if they cannot agree upon such third arbitrator the latter shall be appointed by the Governor of the State ; provided, whenever the Mayor and City Council of Baltimore shall extend its water mains for the purpose of supplying water therein into the territory of Baltimore County previously ^"ing®to?iten- occupied by some other water company then supplying water to residents of such locality, said Mayor and City Council of Baltimore, before it shall supply water to users in said territory, shall purchase or condemn the water pipes and rights of said local water company. To purchase all the property, rights, estates and privileges of any chartered company authorized to introduce, or which may hereafter be authorized to introduce, water into said City, upon such terms as may be agreed upon by the City, and such corporation or corporations, in the manner prescribed in their respective charters, or in the absence of such pro- visions, as shall be agreed upon by the said City and such corporation or corporations ; and such corporation is au- ^Jqulpmelu of thorized to execute a conveyance to the City of all the pa^tliJs'^wiih franchises and property of said corporation ; and all such poweSy 94 FRANCHISES. rights, privileges and franchises shall be vested in the Mayor and City Council of Baltimore, to be held, exercised and enjoyed by the said City as fully in every respect as might or could have been done by any such corporation or corporations under their respective charters. Balto. City v. Balto. Co. Water & Electric Co., 95 Md. 242. (31) Welfare and Other Powers. tion not re- The foregoing or other enumeration of powers in this foregoing or Article shall not be held to limit the power of the Mayor enumerated and City Council of Baltimore, in addition thereto to pass powers. ordinances not inconsistent with the provisions of this Article or the laws of the State as may be proper in exe- cuting any of the powers, either express or implied, enum- erated in this section and elsewhere in this Article, as well as such ordinances as it may deem expedient in main- taining the peace, good government, health and welfare of enaities Baltimore ; and it may provide for the enforce- authorized. ment of all such ordinances by such penalties and imprison- ments as may be prescribed by ordinance ; but no fine shall exceed five hundred dollars, nor imprisonment exceed twelve months for any offence. Bostock V. Sams, 95 Md. 415. Cf.^ Commrs. of Easton v. Covey, 74 Md. 262. Deems v. Mayor & C. C. of Balto., 80 Md. 164. FRANCHISES. B?d- The title of the Mayor and City Council of Baltimore, in and to its water front, wharf property, land under water, public landings, wharves and docks, highways, avenues, streets, lanes, alleys and parks, is hereby declared to be inalienable. Townsend, Grace & Co. v. Epstein, 93 Md. 537. Purnell v. McLane, 98 Md. 591. Brauer v. Refrigerating Co., 99 Md. 380. Cf., Westmins- ter Water Co. v. Westminster, 98 Md. 551. 1904, ch. 616. 1906, ch. 152. 8 . The Mayor and City Council of Baltimore may grant fran- f or a limited time and subject to the limitations and condi- fkiiSdTime. tions contained in this Article, specific franchises or rights in or relating to any of the public property or places men- tioned in the preceding section ; provided that such grant TERMS AND CONDITIONS OF GRANTS AND FRANCHISES. 95 is in compliance with the requirements of this Article, and that the terms and conditions of the grant shall have first been authorized and set forth in an ordinance duly passed by the City. Every such grant shall specifically set forth, define the nature, extent and duration of the franchise or right thereby granted, and no franchise or right shall pass by implication under any such grant ; and, notwithstanding any such grant the Mayor and City Council of Baltimore shall at all times have and retain the power and right to reasonably regulate in the public interest the exercise of the franchise or right so granted ; and the said Mayor and City Council of Baltimore shall not have the power by grant or ordinance to divest itself of the right or power to so regu- late the exercise of such franchise or right. But no fran- chise shall be granted for the erection on any of the streets, lanes, or alleys of the said city of any awning poles, posts, hitching posts, barber poles, railings, stepping stones, ‘^YhfJes^noTto sign posts, horse troughs, clocks, stands of any character, or cellar doors or coal holes, unless the same be flush with the pavement ; nor shall any franchise be granted for an open area, unless the same is used as a means of entrance to buildings used primarily for purposes of residence, and only in such case when the same does not extend more than three and one-half feet from the building line.* Townsend, Grace & Co. v. Epstein, 93 Md. 537. Purnell v. McLane, 98 Md. 589. Simon’s Sons v. Md. Telephone Co., 99 Md. 141. Brauer V. Refrigerating Co., 99 Md. 380. Storck v. Baltimore City, 101 Md. 476. Terms and Conditions of Grants and Franchises. Franchises not to be given 9 . No franchise or right in relation to any highway, period fhan avenue, street, lane or alley, either on, above or below the *Note. — In relation generally to franchises granted by the munic- ipality, see : Baltimore v. Clunet, 24 Md., 469. N. Balto. Pass. R. R. Co. v. N. Ave. Ry. Co., 74 Md. 243. N. Balto. Pass. R. R. Co. v. Baltimore, 74 Md. 250. Bonaparte v, Take Rol. Elv. R. R. Co., 75 Md. 340. Lake Rol. Elv. R. R. Co., V. 'Balto.. 77 Md. 372-379. ex rel. v. Latrobe, 81 Md. 222. Park Tax Case, 84 Md. 1. Hooper v. Balto City Pass Ry. Co., 85 Md. 509. Bear Creek Co. v. Baltimore City, 87 Md. 84. Balti- more City V. N. C. Ry. Co., 88 Md. 691. dies. & Pot. Telephone Co. V. Baltimore City, 89 Md. 689. Mealey v. Mayor of Hagerstown, 92 Md. 752. Balto County Water Co. v. Baltimore, 95 Md. 242. Consoli- dated Gas Co. V. Schreiber, 99 Md. 403. 96 FRANCHISES. surface of the same, shall be granted by the Mayor and City Council of Baltimore to any person or corporation for a longer period than twenty-five years, but such grant may, at the option of the City, provide for giving to the grantee the right, on fair re-valuation, including in such re- valuation the value derived from the said franchise or right, to renewals not exceeding in the aggregate twenty- five years. Such grant may provide that upon the termi- nation of the said franchise or right granted by the City, the plant, as well as the property of the grantee situated in, above or under the highways, avenues, streets, lanes or alleys aforesaid, with its appurtenances, shall thereupon be and become the property of the City, without further or other compensation to the grantee ; or such grant may provide that upon such determination, there shall be a fair Atitsexpira- valuation of the plant and property, which shall be and become the property of the City at its election, on paying Sty II pVo- the grantee said valuation. If, by virtue of the grant, the plant and property are to become the property of the City, without money payment therefor, the City shall have the option, either to take and operate the said property on its own account, or to renew the said grant for not exceeding twenty-five years on a re-valuation, or sell the same to the highest bidder at public sale. If the original grant shall prescribe that the Mayor and City Council of Baltimore shall at its election make payment for such plant and property, such payment shall be at a fair valuation of the same as property, excluding any value derived from the franchise or right and if the City shall make payment for ^ ate piYnt if such plant and property, it may, in that event, operate the desired. plant and property on its own account for five years, after which it may determine either to continue such operation on its own account or to lease the said plant and property and the said franchise or right to use the highways, ave- nues, streets, lanes and alleys or other public property in connection therewith, for limited periods, under such rules and regulations as it may prescribe, or to sell the plant and City may com- property to the highest bidder at public sale. Every grant of any such franchise or right shall make provision, by giant.°^ way of forfeiture or otherwise, of the grant for the purpose TERMS AND CONDITIONS OF GRANTS AND FRANCHISES. 97 of compelling compliance with the terms of the grant, and to secure efficiency of public service at reasonable rates, and the maintenance of the property in good condi- tion, throughout the full term of the grant. The grant shall also specify the mode of determining the valuations and re-valuations which may be provided for therein. Purnell v. McLane, 98 Md. 589. Brauer Refrigerating Co., 99 Md, 380. Consolidated Gas Co. v. Schreiber, 99 Md. 403. Cf., Mealy Mayor of Hagerstown, 92 Md. 741. 1900, ch. 109. 10 . Before any grant of the franchises or right to use any highway, avenue, street, lane or alley, or other pub- lic property, either on, above or below the surface of the same shall be made, the proposed specific grant, except as provided in the proviso to section 37 of this Article, em- ^ mates to pub- bodied in the form of a brief advertisement, prepared by vertisement the Board of Estimates, at the expense of the applicant, franchise ap- shall be published by the Comptroller for at least three days in one daily newspaper published in Baltimore City to be designated by the Board of Estimates, and all the pro- visions of section 37 of this Article shall be complied with. Purnell v. McEane, 98 Md. 591. Brauerz^, Refrigerating Co., 99 Md. 380. 11. When the grant of a franchise or right is made in compliance with the aforegoing sections, the Mayor and City Council of Baltimore shall not part with, but shall ex- Municipal con- pressly reserve the right and duty, at all times, to exer- Ke cise, in the interest of the public, full municipal superin- tendence, regulation and control, in respect to all matters connected with said grant and not inconsistent with the terms thereof. Purnell n). McEane, 98 Md. 591. Brauer v. Refrigerating Co., 99 Md. 380. Cf., N. C. Ry. Co. v. Baltimore, 21 Md. 104. 12 . Sections 8, 9, 10 and 11 of this article shall apply Similar terms ’ and con- to any renewal or extension of the grant or leasing of the f^j^ions to ap- ^ ® ply to renew- property to the same grantee or to others. ^is. 98 UNUSED CITY PROPERTY — CONTRACTS WITH THE CITY. UNUSED CITY PROPERTY. 13. Nothing contained in this Article shall prevent not^neS?d Mayor and City Council of Baltimore from disposing of S'^Jr^dispos- building or parcel of land no longer needed for public use ; provided, that such disposition shall be approved by the Finance Commissioners by their uniting in the convey- ance thereof, and shall be made at public sale, and be pro- vided for by ordinance ; nor to the renting for fixed and limited terms of any of its property not needed for public purposes, on approval of the Commissioners of Finance.** CONTRACTS WITH THE CITY. 14. Hereafter in contracting for any public work or the purchase of any supplies or materials involving an ex- penditure of five hundred dollars or more for the City, or by any of the City departments, sub-departments or muni- proposais must cipal officors not embraced in a department, or special corn- er where the missions or boards, unless otherwise provided for in this chase of sup- Article, proposals for the same shall be first advertised more than for, in two or more daily newspapers published in Balti- more City, for not less than ten nor more than twenty days, and the contract for doing said work of furnishing said supplies or materials, shall be awarded by the Board provided for in the next section of this Article, and in the mode and manner as therein prescribed, t American Lighting Co. v. McCuen, 92 Md. 702. Packard v. Haj es, 94 Md. 233. Smith v. Hayes, 98 Md. 485. Building Supply Co. v. Baltimore City, 100 Md. 192. Flack v. M. & C. C. of Balto., Daily Record, July 6, 1906 (103 Md.) **Note. — For decisions in relation to disposition of its lands and property by the municipality, see, Rittenhouse v. Mayor. 25 Md. 336. Newbold v. Glenn, 67 Md. 489. Kilpatrick v. M. & C. C. of Balto., 81 Md. 195. Davidson v. Balto. City, 96 Md. 509. tNoTE. — As to cases arising out of contracts with city prior to the enactment of the New City Charter, see the following : Baltimore z/. Bschbach, 18 Md. 276. Mayor, etc., v. Reynolds, 20 Md. 1. Mayor v. B. & O. R. R. Co., 21 Md. 52. Rittenhouse v. M. &C.C. of Balto., 25 Md. 336. Mayor v. Musgrave, 48 Md. 272. Mayor, &c. v. Weatherby. 52 Md. 442. Kelly v. Mayor, 53 Md. 134. Morgan M. & C. C. of Balto., 58 Md. 509. Baltimore v. Raymo, 68 Md. 569. Wilson V. Balto. City, 83 Md. 203. See further. Mealey v. M. & C. C. of Hagerstown, 92 Md. 741 See also, cases under Section 15, post. BOARD OF AWARDS. 99 BOARD OF AWARDS. 16. All bids made to the Mayor and City Council of Baltimore for supplies or Work for any purpose whatever, Bidstobeopen- unless otherwise provided in this Article, shall be opened Jf AwSdi^ by a Board, or a majority of them, consisting of the Mayor, who shall be president of the same ; the Comptroller, City Register, City Solicitor, and the President of the Second Branch, which Board, or majority of them, shall, after opening said bids, award the contract to the lowest re- sponsible bidder. The successful bidder shall promptly ex- ecute a formal contract to be approved as to its form, terms and conditions by the City Solicitor, and he shall also cute contract, execute and deliver to the Mayor a good and sufficient bond to be approved by the Mayor in double the amount of the contract price. To all such bids there shall be attached a certified check of the bidder and the bidder who has had the contract awarded to him, and who fails to promptly and properly execute the required contract and bond shall forfeit ^ tolccompSy said check. The said check shall be taken and considered as liquidated damages, and not a penalty, for failure of said bidder to execute said contract and bond. Upon the ex- ecution of said contract and bond by the successful bidder, the said check shall be returned to him. The amount of said check shall be five hundred dollars, unless otherwise provided by ordinance, or an order or regulation of the department for whose use the bids are made and contract entered into. The checks of the unsuccessful bidders shall be returned to them after opening the bids and awarding conditions, the contract to the successful bidder. * American Lighting Co. v. McCuen, 92 Md. 705. Packard v. Hayes, 94 Md. 233. .Smith v. Hayes, 98 Md. 485. Callaway v. Baltimore, 99 Md. 315. Building Supply Co. v. Baltimore City, 100 Md. 192. Flack V. Mayor, etc., Baltimore, Daily Record, July 6, 1906 (103 Md ) *Note. — As to decisions relating to bids and awards in cases arising prior to the enactment of the New City Charter, see : Baltimore v. Eschbach, 18 Md. 276. Mayor v. Musgrave, 48 Md. 272. Kelly V. Mayor, 53 Md. 134. Baltimore v. Keyser, 72 Md. 110. Madi- son V. Harbor Board, 76 Md. 395. Wilson v. M. & C. C. of Baltimore, 83 Md. 203. Bear Creek Co. v. Baltimore, 87 Md. 84; Cf., Mealey v. Hagerstown, 92 Md. 752. 100 MAYOR. Inhabitants of Baltimore to elect Mayor every four years. Election when to be held, Qualifications of Mayor. Supplemen- tary registra- tion of voters prior to every municipal election. Vacancy-Pres- ident Second Branch to be Mayor. MAYOR. P. Iv. L., (1888) Art. 4, Sec. 7. 16. The inhabitants of the City of Baltimore qualified to vote for members of the House of Delegates shall, on the Tuesday next after the first Monday in May, eighteen hundred and ninety-nine, and on the same day and month in every fourth year thereafter, elect by ballot a person of known integrity, experience and sound judgment, over twenty-five years of age, a citizen of the United States, and five years a resident of said City next preceding the election, and assessed with property in said City to the amount of two thousand dollars, and who has paid taxes thereon for two years preceding his election, to be Mayor of the City of Baltimore ; but the Mayor chosen at the first election under this section shall not enter upon the discharge of the duties’ of the office until the expiration of the term for which the present Mayor was elected ; unless the said office of Mayor shall become vacant by death, resignation, removal from the State or other disqualification of the present Mayor. Vanneman v. Pusey, 93 Md. 686. 17. Prior to every municipal election, as provided for in this Article, there shall be, on the first and second Mondays of April, a supplementary registration of voters of Baltimore City, which registration shall be under the supervision of the Supervisors of Election, and conducted in conformity with the provisions of the law then in force relating to the registration of voters. On each day of said registration the registers shall revise the list of registered voters made at their last regular sitting, by adding the names of those persons who are entitled to registration at that time, and striking from said registration lists the names of those persons who have died or become disquali- fied since the said last sitting, and the registration lists used at the preceding November election, after being revised as herein directed, shall be used at the municipal election in May. 18. In case of vacancy in the office of Mayor by death, resignation or permanent disqualification, the President MAYOR . 101 of the Second Branch of the City Council shall be Mayor for the residue of the term for which said Mayor was elected. 19. In case of sickness or necessary absence of the Mayor, the President of the Second Branch of the City Sr siS- Council shall be ex officio Mayor of the City during the continuance of said sickness or necessary absence. 20. The term of Mayor shall commence on the Tuesday next after the third Monday of May succeeding his election, Term of Mayor, and continue for four years, and until his successor shall be elected and qualified, and he shall receive a salary of six thousand dollars per annum, payable monthly. He may appoint such persons to aid him in the discharge of his duties as may be prescribed by ordinance. 1906, ch. 420. 20a. Hereafter, all checks of the Mayor and City checks ; by Council of Baltimore shall be signed by the City Register SgnLdSid^ and countersigned by either the Mayor or the City Comp- ^ountersign- troller and all bonds executed in favor of the Mayor and City Council of Baltimore shall be approved either by the Mayor or by the City Comptroller, and all contracts relative to the respective departments of the City Government, sub- by°”' departments, municipal officers not embraced in a depart- S'ec'^ted on ment, special commissions or boards, shall be executed on cfty?^^ behalf of the Mayor and City Council of Baltimore by either the Mayor or the respective heads of said depart- ments, sub-departments, municipal officers not embraced in a department, special commissions or boards, or the chairman or President as the case may be, of said special commissions or boards. P. h. h., (I860) Art. 4, Sec. 8. P. L. L., (1888) Art. 4, Sec. 11. 21. The Mayor, by virtue of his office, shall have all His powers as the jurisdiction and power, as a conservator of the peace, of a Justice of the Peace, and may call upon any officer of the City entrusted with the receipt or expenditure of public money, for a statement of his account as often as he may think necessary, and may at any time by expert accountants 102 MAYOR. and bookkeepers examine the books and accounts of any department, sub-department, municipal board, officer, assistant, clerk, subordinate or employe. Mayor, &c. v. Dechert, 32 Md. 369. P. L. D.. (1860) Art. 4, Sec. 9. P. L. L., (1888) Art. 4, Sec. 12. 22. The Mayor shall see that the ordinances and reso- lutions are duly and faithfully executed, and shall report to the City Council as soon as practicable after the first day of January in each year, the general state of the City, with an accurate account of the money received and expended, to be published for the information of the citizens. He shall have general supervision over all departments, sub-departments, municipal officers, not embraced in a department and special commissioners or boards. Baltimore v. Radecke, 49 Md. 217. Cumberland v. Wilson, 50 Md. 138. P. L. L., (1860) Art. 4, Secs. 10, 11. P. D. D., (1888) Art. 4, Secs. 13, 14. Approval of ordinaces. Veto of ordi- nances passed by three-fourths vote after re- considertion by both branches to become law without Mayor's sig- hature. 23. All ordinances or resolutions duly passed by the City Council, after being properly certified by the Presi- dents of the First and Second Branches of the City Council as having been so passed, shall be delivered by the Clerk of the Branch in which the same originated, to the Mayor for his approval, and there shall be noted on said ordinaces or resolutions the date of said delivery; and, when approved by him, they shall become ordinances or resolutions of the Mayor and City Council of Baltimore. If the Mayor shall not approve of any ordinance or resolution so passed by the City Council he shall return the same with his objections in wanting to the Branch in which the said ordinance or resolution originated, within five days of actual regular sittings of said Branch, excluding special sittings called by the Mayor, occurring after such delivery of said ordinance or resolution to him, which objections, upon receipt of the same by said Branch, shall be forthwith read to such Branch and entered at large on its Journal ; and such Branch shall, after five days and within ten days after such ordinance or resolution shall have been returned to it by the Mayor, proceed to reconsider and vote upon the MAYOR. 103 same. If such ordinance or resolution shall, after recon- sideration, be again passed by three-fourths of all the members elected to said Branch it shall be forthwith sent, with the objections of the Mayor, to the other Branch, and after five days and within ten days, after it is so sent, it shall likewise be reconsidered and voted upon also by said other Branch, and if passed by a vote of three-fourths of all the members elected to said other Branch it shall be and become, to all intents and purposes, an ordinance or resolution of the Mayor and City Council of Baltimore. In such cases, after said reconsideration, the votes on the question of the passage of such ordinance or resolution over the veto of the Mayor shall be determined by yeas and nays, and the names of the persons voting for and against the passage of said ordinance or resolution over the veto of the Mayor shall be entered on the respective Journals of each Branch of the City Council. If any ordinance or resolution duly so, if not re- passed by the City Council shall not be returned by the SSoJasitat- Mayor to the Branch of the City Council in which the same originated within five days of its actual regular sittings, excluding special sittings called by the Mayor, after it shall have been delivered to him, the same shall become an ordinance or resolution of the Mayor and City Council of Baltimore in the same manner as if the Mayor had approved it, unless the City Council by an adjournment sine die, or for a period exceeding one month, shall prevent its return. In case an ordinance or resolution duly passed by the City Council shall embrace different items of appro- R^ie where or- priation the Mayor may approve the provisions thereof Jj-ace^ dfffeV- relating to one or more items of appropriation and disap- approp“fa-°^ prove the others, and in such case those he shall approve shall become effective and those which he shall not approve shall be reconsidered in manner and form as hereinbefore prescribed in this section, by both Branches of the City Council, and shall become effective if again passed over the veto of the Mayor by the vote as above prescribed for the passage over the veto of the Mayor of entire ordinances or resolutions. The mode and manner of procedure of both Branches of the City Council and of the Mayor in the matter of the veto of one or more distinct items of appro- 104 MAYOR. Mayor to con- fer with heads of de- partments. Mayor shall have sole power of ap- pointment except as otherwise provided herein. Subject to con- firmation by Second Branch. Power of re- moval. Restrictions thereto. priation in any ordinance or resolution shall be the same as the mode and manner of procedure prescribed in this section for the passage of an entire ordinance or resolution over the veto of the Mayor. *Baltimore Cityz'.Gorter, 93 Md. 1. Hooper z/.Creager, 84 Md. 197. Heiskellz'. Mayor, 65 Md. 149. Also, Murdoch v. Strange, 99 Md. 89. 24. The Mayor shall summon all the heads of depart- ments to a conference on municipal matters at least once in each fiscal year, and oftener, if he thinks the public interests will be promoted thereby, and every head of department shall report to him, orally or in writing, as he may prefer, once in every month. P. Iv. Iv. , (1860) Art. 4 Sec. 26. 1880, ch. 101 . P. H. L. , (1888) Art.4, Sec . 31 . 25. The Mayor shall have the sole power of appoint- ment of all heads of departments, heads of sub-departments, municipal officers not embraced in a department and all special commissioners or boards, except as otherwise provided in this Article, subject to confirmation by a majority vote of all the members elected to the Second Branch of the City Council ; provided said Second Branch shall take action on such nomination within the first three regular succeeding sittings of said Branch after said nominations are sent to it by the Mayor. If the Branch fails to take such action within said time, then the person or persons so nominated shall be to all intents and purposes such officer or officers as if they had been confirmed by said Second Branch. If said Second Branch shall, by the required vote and in the prescribed time, refuse to confirm such nominations, the Mayor shall, within the next three regular succeeding sittings of said Branch, send to it other name or names for such office or offices, and the duties of said Second Branch and the Mayor shall continue to be as above prescribed until a confirmation is had or a failure to act for three regular succeeding sittings by the said Second Branch occurs. The Mayor shall have the power to remove at pleasure, during the first six months of their respective terms, the heads of all departments or members thereof, heads of sub-departments or members thereof, municipal officers not embraced in a department APPOINTMENTS TO OFFICE. 105 and special commissions or boards, or members thereof, appointed by him, but after six months the Mayor shall only remove said officials for cause, after charges preferred against them, notice given and trial had before the Mayor. |S5°to ?nter The terms of all municipal officials appointed by the Mayor offices, shall be four years, unless otherwise provided for in this Article. All municipal officials who are appointed by the Mayor shall be appointed in the month of September succeeding his election, and enter into their respective offices on the first Monday in October, immediately following their respective appointments, or as soon thereafter as their appointments have been confirmed, as above provided, if appointed or confirmed subsequent thereto; but the Mayor first chosen under this Article shall appoint said officials in the month of February succeeding his election, subject to confirmation by the Second Branch of the City Council, and they shall enter upon their duties on the succeeding first of March, and shall hold office until their successors under the provisions of this Article, are appointed and qualified unless sooner removed under the provisions of this Article. All municipal officials, boards and com- incumbents a missioners in office under the Mayor and City Council e^ctmeSt® of Baltimore, upon the date of the passage of this Article, unless otherwise provided in this Article, shall hold their respective offices under existing laws and ordinances, the same as if this Article had not been passed, until their successors are appointed, as provided in this section, in February nineteen hundred ; they shall be subject to remov- al, as provided in said laws and ordinances, and all vacancies occurring in said offices shall be filled as now provided for in said existing laws and ordinances; said municipal officials, boards and commissioners shall perform the duties respect- ively now prescribed by existing laws and ordinances which are not inconsistent with the provisions of this Article, and they shall also perform such additional duties as may be required to be performed by such officers in this Article. The Mayor first elected under the provisions of this Article, shall organize the municipal government of Baltimore City, as provided for in said Article, and appoint the heads of departments, sub-departments, municipal 106 MAYOR . Oath of office; test book. Vacancies dur- ing recess. How filled. officers, boards and commissions provided for therein, in the month of February, nineteen hundred. All persons appointed by the Mayor, as well as those municipal officials elected by the people or by the joint convention of the City Council, shall, before entering upon the discharge of their respective duties, qualify by taking before the Mayor an oath to faithfully perform the duties of their respective offices, and that they will support the Laws and Constitu- tions of the United States and of the State of Maryland. A test book shall be kept by the Mayor, which shall be signed at the time of taking the oath aforesaid by said officials, and after the qualifications aforesaid, the Mayor shall issue to the said officials a commission signed by him- self with the corporate seal attached. All vacancies occur- ring in any of the offices which the Mayor is empowered to fill, during the recess of the Second Branch, unless other- wise provided in this Article, shall be filled by the Mayor until the next regular meeting of the Second Branch, at which meeting the Mayor shall present the name of a per- son for confirmation to fill said vacancy, and the mode and manner of procedure in such a case shall be the same as provided for in this section for other appointments by the Mayor and confirmation by the Second Branch.** **On construction of section 25, see Robinson v. Baltimore City, 93 Md. 212; McClellan v. Marine, 98 Md. 54 ; Baltimore City v. Rj^man, 92 Md. 591. As to oath of office and its le^al significance. s‘ee Thomas v. Owens, 4 Md. 189; Harwood v. Marshall, 9 Md. 83; Jump v. Spence, 28 Md. 1; Archer v. State, 74 Md. 447; Creager v. Hooper, 83 Md. 501; Davidson V. Brice, 91 Md. 691. As to term of and title to office, see Thomas v. Owens, 4 Md. 189, 15 Md. 465 ; Jump v. Spence, 28 Md. 1 ; Robb v. Carter, 65 Md. 334 ; Archer v. State, 74 Md. 453; County Commissioners z/. School Conimrs. , 77 Md. 283; Miles v. Stevenson, 80 Md. 366; Creager z/. Hooper, 83 Md. 490; Ash v, McVey, 85 Md. 130; Wells v, Monroe, 86 Md. 445; Duer v. Daniell, 91 Md. 660; Keyser v. Upshur, 92 Md. 778; Hagerstown v. Williams, 96 Md. 237. As to power of appointment and removal, see Townsend v. Kurtz, 83 Md. 340; Hooper v. Creager, 84 Md. 241; Hooper v. New, 85 Md. 565; Hooper v. Farnen, 85 Md. 587; Field v. Malster, 88 Md. 691; School Commrs. v. Goldsborough, 9u Md. 193; Street Commrs. v. Williams, 96 Md. 237. HEADS OF departments. 107 1880, ch. 101. P. L. L., (1888) Art. 4, Sec. 31. 26. No person shall at any time hold more than one office yielding pecuniary compensation under the Mayor and City Council of Baltimore. All municipal officials, ^unfclpai except females, shall be registered voters of the City of °SerKf the^ Baltimore. Baltimore City v. Lyman, 92 Md. 591. 27. All heads of departments, heads of sub-depart- Tenure of office ments, municipal officers not embraced in a department, or depl?tme°nts. special commissions or boards, provided for in this Article, shall hold ther offices until their successors are appointed or elected and qualified. 28. The heads of departments, heads of sub-depart- ^ point subor- ments, municipal officers not embraced in a department, and all special commissions or boards shall have the sole power of appointment and removal at pleasure of all deputies, assistants, clerks and subordinate employees employed by them, unless otherwise provided in this Article. Baltimore City v. Lyman, 92 Md. 611 ; American Lighting Co. v. McCuen, 92 Md. 705. As to appointment of subordinates prior to new charter, see Hooper v. New, 85 Md. 565. 29. All heads of departments, shall have the privilege privileges of of the floor in the First Branch of the City Council at its pa^r^ents, sittings, and shall be entitled to participate in the discus- sion of matters relating to their respective departments, but shall have no vote. When the head of a department is a Board, or composed of more than one person, the President thereof shall be entitled to the privilege provided for in this section. 30. The Mayor, in appointing all heads of departments. Minority of sub-departments, boards and commissions or members of SXs^^fonn- any such, composed of more than one person, shall appoint de^aumentf a minority of the members of each of such bodies of persons cai"p?ny°^'^'' from a different political party from those forming the SJheftvote. majority of said departments, sub-departments, boards and commissions or members of any such, and in ascertaining the political party from which such minority representatives shall be taken, he shall select from that party which cast the next highest vote at the preceding election. 108 EXECUTIVE DEPARTMENT. Executive power, wherein vest- ed. Officials to bond. Mayor chief executive. Heads of De- partments may pass rules and regulations. To hold meet- ings. Records to be kept of their proceedings. EXECUTIVE DEPARTMENT. 31 . The executive power of the Mayor and City Council of Baltimore shall be vested in the Mayor, the departments, sub-departments, municipal officers not embraced in a department herein provided for, and such special commis- sioners or boards as may hereafter be provided for by laws, or ordinances not inconsistent with this Article. All municipal officials, unless otherwise provided for by laws or ordinances, shall give bond to the City for the faithful discharge of their duties, to be approved by the Mayor, and in such penalties as may be prescribed by laws or ordinances. The Mayor shall be the chief executive officer of the City, and in addition to the following administrative departments, sub-departments, and municipal officers not embraced in a department, there shall be such assistants, clerks and employees to said departments, sub-departments and municipal officers as may be prescribed by ordinances not inconsistent with this Article not herein otherwise provided for. The several heads of departments, heads of sub-departments, municipal officers not embraced in a department, and special commissions or boards, shall have the power to pass such rules and regulations, not incon- sistent with the laws or ordinances, for the government of their respective departments as they may deem right and proper. All heads of departments composed of Boards shall hold at least one meeting every month for the purpose of consultation and advice, and in order to become familiar with the business and the mode of conducting the same, . of the sub-departments of their respective departments. A record of all the proceedings and official acts of heads of departments and sub-departments, municipal officials and commissioners shall be kept in a well-bound book, and a certified copy of said record or any part thereof under the corporate seal of the City shall be admissible in evidence in any Court of this State as proof of such record or part thereof.** ^ **Note : — As to bonds of municipal officials, see Heclit v. Coale, 93 Md. 692. Vansant v. State, 96 Md. 110. Murdoch v. Strange, 99 Md. 89. As to breach, penalty and damages recoverable generally in relation to bonds, see Mutual Life Insurance Compan)' v. Hantske, Daily Record, December 15, 1900. LIST OF EXECUTIVE DEPARTMENTS 109 The said executive departments shall be as follows : (I) Department of Finance, With the following Sub-Departments ; 1. Comptroller. 2. City Register. 3. Board of Estimates. 4. Commissioners of Finance. 5. City Collector. 6. Collector of Water Rents and Licenses. I. Depart- ment of Fi- nance. (II) Department of Law, Composed of City Solicitor. II. Depart- ment of Law. (Ill) Department of Public Safety, With the following Sub-Departments : 1. Board of Fire Commissioners. 2. Commissioner of Health. 3. Inspector of Buildings. 4. Commissioner of Street Cleaning. III. Depart- ment of Safety., (IV) Department of Public Improvements. With the following Sub-Departments : 1. City Engineer. 2. Water Board. 3. Harbor Board. 4. Inspector of Buildings. IV. Of Public Improve- ments. (V) Department of Parks and Squares. Composed of Board of Park Commissioners. V. Of Parks and Squares. (VI) Department of Education, Composed of Board of School Commissioners. VI. Of Educa- tion. (VII) Department of Charities and Corrections, With the following Sub-Departments : 1. Supervisors of City Charities. 2. Visitors to the Jail. 110 EXECUTIVE DEPARTMENT. VIII. Of Re- view and Assessment. IX. Munici- pal Officers not included in any de- partment. Of what offi- cials to con- sist. Its head. Powers of Board. Fiscal Year. Comptroller; qualifica- tions; term; salary. (VIII) Department of Review and Assessment^ With the following sub-departments ; 1. Appeal Tax Court. 2. Commissioners for Opening Streets. (IX) Division Embracing Municipal Officers, not In- cluded in any Department : 1. City Librarian. 2. Art Commission. 3. Superintendent of Lamps and Lighting. 4. Surveyor. 5. Constables. 6. Superintendent of Public Buildings. 7. Public Printer. Baltimore City v. Lyman, 92 Md. 600. DEPARTMENT OF FINANCE. 32 . There shall be a Department of Finance of the Mayor and City Council of Baltimore which shall consist of the Comptroller, City Register, Board of Estimates, Commissioners of Finance, City Collector and Collector of Water Rents and Licenses. The head of said Department shall consist of a Board of Finance composed of the Comp- troller, City Register, President of the Board of Estimates, President of the Commissioners of Finance, City Collector and Collector of Water Rents and Licenses. This Board shall be for consultation and advice, and it shall have no power to direct or control the duties or the work of any sub-department. It shall perform such other duties as may be prescribed by ordinances not inconsistent with this Article. The Comptroller shall be the President of said Board. The fiscal year of the Mayor and City Council of Baltimore shall begin on the first day of January and end on the thirty-first day of December in every year. 1906, ch. 459. 33 . The Comptroller shall be elected by the inhabi- tants of the City of Baltimore qualified to vote for Mayor on the Tuesday next after the first Monday in May, in the year eighteen hundred and ninety-nine, and on the same day and month in every fourth year thereafter. He shall COMPTROLLER. Ill be a person possessing the same qualifications as herein prescribed for Mayor. The term of the Comptroller shall commence on the Tuesday next after the third Monday in May in the year eighteen hundred and ninety-nine, and continue for four years, and until his successor is elected and qualified, and he shall receive a salary of four thousand dollars per annum, payable monthly. Baltimore City v. Lyman, 92 Md. 610. 34. The Comptroller shall be the head of the first sub- department of Finance, and he shall appoint a Deputy ^'■Jj°comptroi- Comptroller and such clerks as may be provided for by ordinance, including one to be known as the Audit Clerk, and another for the collection of harbor and wharf rents,, to be known as Harbor Master, with such assistants to him as may be provided for by ordinance, and another for the collection of fees for the inspection of weights and measures, to be known as the Inspector of Weights and Measures, with such assistants to him as may be provided for by ordinance, and another to be known as Market Master, with such assistants to him as may be provided by ordinance. The salary of such Deputy, assistants and clerks shall be fixed by ordinances. All of such appointees shall be subject to the written approval of the Mayor. The Comptroller shall have general supervision over the financial matters of the City, and shall have oversight of all sub-departments in this department. No claim, ac- count or demand against the City of any kind whatsoever shall be paid unless first audited and approved by the Comptroller. All moneys collected for the use of the City by any municipal official, unless otherwise provided in this Article, shall be turned over to the Comptroller and by him deposited with the City Register. He shall perform such other duties as may be prescribed by ordinances, not ^comptroller . inconsistent with this Article. In case of temporary ab- sence or disqualification of the Comptroller, or a vacancy occurring in said office from any cause, the Deputy Comp- of.” troller shall, during such absence or disqualification or va- cancy from any cause, act as Comptroller. The Second Branch of the City Council by a majority vote of all the 112 CITY register When and by whom re- movable. City Register ; how appoint- ed : salary ; removable by both Branches. Seal of City. Deputy Regis- ter. Vacancies. members elected to said Branch, may remove the Comp- troller from office for incompetency, wilful neglect of duty or misdemeanor in office, upon charges preferred by the Mayor, and after notice of such charges is given to the Comptroller and an opportunity afforded him to be heard by said Branch. 35. The City Register shall be the head of the second sub-department of Finance, and he shall be the register of the public debt, and also the custodian of all moneys be- longing to the Mayor and City Council of Baltimore. He shall be appointed by a joint convention of the two Branches of the City Council on the Tuesday next after the fourth Monday of May, in the year eighteen hundred and ninety- nine, and on the same day and month in every fourth year thereafter. His salary shall be three thousand and three hundred dollars per annum payable monthly, in addition to three hundred dollars for services rendered the State, as provided for in section 108 of Article 81, Code of Public General Laws. He shall be removable at the pleasure of the convention of the said two Branches. The City Regis- ter shall take under his charge and keeping the corporate seal of the City, and use it in all cases which are now or may be hereafter required by Federal or State laws, ordi- nances, or the uses and customs of nations, and shall charge a fee of two dollars for each impression of the seal except such as shall be affixed to or impressed upon documents for the Mayor and City Council or used in connection with the affairs of the City. He shall pay to the Comptroller, for the use of the Mayor and City Council of Baltimore, all fees so received by him. He shall have power to appoint a Deputy Register, with a salary of eighteen hundred dol- lars per annum, payable monthly, and such other clerical assistants as may be prescribed by ordinance not inconsis- tent with this Article. In case of a vacancy occurring in the office of City Register by removal or otherwise, the joint convention of the two Branches of the City Council shall forthwith fill said vacancy. He shall perform such other duties as may be prescribed by ordinance not incon- sistent with this Article ; provided, the present incumbent ORDINANCE OF ESTIMATES 113 of the office of the City Register shall hold his office until the expiration of his term, as now provided under existing laws and ordinances, and should a vacancy occur in said office, a successor shall be appointed by a joint convention of the City Council for the balance of said term. state V. Mayor, etc., 52 Md, 398. Robb v. Carter, 65 Md. 321. *Baltimore City z'. Lj^man, 92, Md. 610. Board of Estimates. ORDINANCE OF ESTIMATES. 1904, ch. 677. 36. The Board of Estimates shall be the head of the third Sub-Department of Finance, and shall consist of the ^oard of eso- Mayor, City Solicitor, Comptroller, President of the Second head of°thfrd Branch City Council and President of the Board of Public ment • Improvements. The first meeting of said Board in every year shall be called by notice from the Mayor or President of the Second Branch City Council personally served upon members of the said Board. Subsequent meetings shall be called as the said Board may direct. The President of the Second Branch shall be President of said Board, and oi^e of the number shall act as secretary, and said Board may employ such clerks as may be necessary to discharge its duties ; their number and compensation shall be fixed by ordinance. The said Board shall have power at any time to summon before it the heads of the departments and sub-departments and all municipal officers and special com- missions or boards. The said Board shall annually, be- ® tween the first day of October and the first day of No- 2>p"rSri-° vember, meet, and by an affirmative vote of a majority of all the members’ make out the following three lists of moneys to be appropriated by the City Council for the next ensuing fiscal year : FIRST, a list to be known as the “DEPARTMENTAL ESTIMATES” of the amounts estimated to be required to pay the expenses of conducting the public business for the Departmental next ensuing fiscal year, including the expenditures for the City Council for the salaries of its members, officers, and expenses ; said list shall be prepared in such detail as to 114 BOARD OF FSTIMATKS. Amounts needed for the City De- partments. Estimates for new im- provements. the aggregate sum and the items thereof allowed to the two Branches of the City Council, each department, sub-de- partment, municipal officers not embraced in a department and special commissioners and boards as the said Board shall deem advisable. In order to enable said Board to make such list, the Presidents of the two Branches of the City Council, the heads of the Departments, heads of sub- departments, municipal officers not embraced in a depart- ment, and special commissioners or boards shall, at least thirty days before the said list is hereby required to be made, send to the said Board in writing, estimates of the amounts needed for the conduct, respectively, of the City Council, departments, sub- departments, municipal officers not embraced in a department, commissioners or boards for the next ensuing fiscal year. Such estimates shall be verified by the oath or affirmation of persons making them, and a wilfully false statement made in a material matter contained in said estimates so made to said Board shall be perjury. The said estimates shall specify, in detail, the objects thereof, and the items required for the expenses of the City Council and the respective departments, sub- departments, municipal officers not embraced in a depart- ment and special commissioners or boards, as aforesaid, including a statement of each of the salaries of the mem- bers of the City Council and its officers and clerks, and -the salaries of the deputies, assistants, clerks, employees and subordinates in each department, sub-department, muni- cipal office or special commission or board. SECOND, a list containing all amounts to be appro- priated by the City Council for NEW IMPROVEMENTS to be constructed by any department of the city during the next ensuing fiscal year ; said list to be known as the “ESTIMATES FOR NEW IMPROVEMENTS.^^ Heads of department, heads of sub-departments, municipal officers not embraced in a department, and special commissioners or boards shall in writing, thirty days before the time re- quired to make such list by said Board, file with said Board their recommendations as to the amounts which they may consider will be needed in their respective departments for new improvements during the next ensuing fiscal year. ORDINANCE OF ESTIMATES. 115 THIRD, a list containing all amounts which by pre- vious laws, ordinances or contracts are required to be AN- NUALLY APPROPRIATED to charities, educational, be- nevolent or reformatory institutions by the city, as well as all other sums, if any, which may be required by laws or ordinances to be appropriated for other purposes not em- braced in the preceding lists. This list shall be known as the “ESTIMATES FOR ANNUAL APPROPRIATIONS.^’ The purpose and object of this provision is that said three lists shall embrace all moneys to be expended for the next ensuing fiscal year for all purposes by the city. After said three lists have been prepared, the Board of Estimates, shall cause to be prepared a draft of an ordinance to be submitted to the City Council providing appropriations sufficient to meet the amounts called for by said three lists, and the said Board shall cause a copy of said proposed or- dinance, certified by the signatures of a majority of them, to be forthwith published in two daily newspapers in Bal- timore City, for two successive days, and shall, immediately after said publication, transmit a copy of the draft of the said proposed ordinance to the President of each Branch of the City Council, whereupon a special meeting of the City Council shall be forthwith called by the Mayor to consider such proposed ordinance. It shall be the duty of the. two Branches of the City Council, when so assembled, to consider and investigate the estimates contained in said proposed ordinance, and to hold daily sessions for its con- sideration until said ordinance is passed. The two Branches of the City Council, by a majority vote of all the members elected to each Branch, may reduce the said amounts fixed by the said Board in said proposed ordinance, except such items thereof as are now or may hereafter be fixed by law, and except such items as may be inserted by said Board to pay State taxes, and to pay the interest and principal of the municipal debt. The City Council shall not have the power to increase the amounts fixed by the Board nor insert new items in the proposed ordinance. When said proposed ordinance, embracing said estimates, shall have been duly passed by both Branches of the City Council and approved by the Mayor, it shall be known as Amounts to be annually ap- propriated to charities, etc. fixed by ordi- nances. Board of Esti- mates to draft an ordi- nance appro- priating- monies to meet esti- mates so made. To be known as Annual Ordinance of Estimates. Powers of City Council. 116 BOARD OF ESTIMATES. the '‘Ordinance of Estimates for the year and said several sums shall be and become appropriated, after the beginning of the next ensuing fiscal year, for the several purposes therein named, to be used by the City Council, departments, sub-departments, municipal officers not embraced in a department, and special commission or boards therein named, and for no other purposes or uses ^ whatever. The City Council shall not have the power, by item therein, other OY. subsequent ordinance or resolution, to enlarge any item contained in said ordinance af ter the same is duly Nor appropri- P^ssed, uor shall the City Council, by any subsequent or- moniSfo^ dinance or otherwise, appropriate any sums of money to be next ensuing fiscal year, for any of the purposes embraced in said Ordinance of Estimates. No appropriation provided for in said ordinance shall be di- verted or used under any circumstances for any purpose than that named in said ordinance, nor shall the Comp- troller draw any warrant for any of the items in said Ordinance of Estimates unless he has received said amounts and they are actually to the credit of the City Council and such department, sub-department, officers, commissioners ^?o£TshaTbe boards. No temporary loan shall be authorized or made authorized, deficiency arising from a failure to realize suf- ficient income from revenue and taxation to meet the amounts provided in said Ordinance of Estimates but the City Council may temporarily borrow money for its use in anticipation of the receipts of taxes levied for any year. In case of any such deficiency there shall be a pro rata abatement of all appropriations, except those for the pay- ment of State taxes and the principal and interest of the City debt, and such amounts as are fixed by law and con- tained in said ordinance ; and in case of any surplus arising in any fiscal year by reason of an excess of income received from the estimated revenue over the expenditures for such year, the said surplus shall become a part of the annual revenue of the city, and shall be available for the general expenditures of the city for the next ensuing fiscal year. Until the organization of the said Board of Estimates by the Mayor first elected under the provisions of this Article, as provided in section 25 of said Article, the Mayor, Comp- GRANTS OF FRANCHISES. 117 troller, City Register and City Solicitor shall compose a Board to perform all the duties required of the Board of Estimates by the provisions of this Article. Baltimore City v. Gorter, 93 Md. 1. Skinner Dr}^ Dock Co. v. Balti- more, 96 Md. 37. Callaway Baltimore City, 99 Md. 315. Brauer v. Refrigerating Co., 99 Md. 369. 1906 ch. 459. * 36A. The Board of Estimates shall have the power to increase or decrease the salaries of all municipal officials, and other persons whose salaries are named in this Article or Acts relating to the City of Baltimore, except the salaries of the members of the Board of Estimates, provided the amount of such increase or decrease shall be inserted as an item or items in the ordinance of estimates for any year and be subject to the same control by the City Council as it now has under this Article of the general items in- serted in said ordinance. Provided, however, that, when the salary of any municipal official, or other person, whose salary is so named shall be so increased or decreased it shall not again be so increased or decreased during the term of office of said municipal official or other person. GRANTS OF FRANCHISES. P. D. D.. (1898) Art. 4, Sec. 37. 1900, ch. 109. 1906, ch. 357. 37. Before any grant shall be made by the Mayor and City Council of Baltimore, of the franchise or right to use any street, avenue, alley or highway, or the grant of the franchise or right for the use of any public property mentioned in Section 7 of this Article, the proposed specific grant, with the exceptions hereafter in this Section made, shall be embodied in the form of an ordinance, with all the terms and conditions required by the provisions of this Article, and such others as may be right and proper, including a provision as to the rates, fares and charges, if the grant provides for the charging of rates, fares and charges, and a provision that the franchise or right shall be executed and enjoyed six months after the grant. The said ordinance shall, after having been introduced in either Branch of the City Council, and after the first reading, be Board of Esti- mates may increase or decrease sal- aries of mun- icipal officials. Franchises to be embodied in form of an ordinance. What ordi- nance shall contain. 118 GRANTS OF FRANCHISES. Duties of Board in re- spect to Franchises. Powers of Board in rela- tion thereto. Same provis- ions to apply to renewals and exten- sions. Board may grant certain minor privi- leges in the streets, etc., in its discre- tion as pro- vided. Requirements of Board in relation to such minor privileges. referred forthwith by the Branch in which the same is offered to the Board of Estimates. The said Board shall make diligent inquiry as to the money value of said franchise or right proposed to be granted, and the adequacy of the proposed compensation to be paid therefor to the City as offered in the ordinance already introduced, and the pro- priety of the terms and conditions of said ordinance, and said Board is empowered to increase the compensation to be paid therefor to the City, and alter the terms and con- ditions of said ordinance, provided such alterations are not inconsistent with the requirements and provisions of this Article, and it shall be the duty of said Board to fix in said ordinance the said compensation at the largest amount it may be able by advertisement or otherwise to obtain for said franchise or right, and no grant thereof by the City Council shall be made except for the compensation and on the terms approved by a vote or resolution of the said Board, entered on the minutes or records of such Board and attached to said ordinance, with the signatures of a majority of said Board signed to the same. The provisions of this sec- tion shall apply to the renewal or extension of any franchise or right relating to the use of any of the public property mentioned in section 7 of this Article now existing, or which may hereafter be granted to any person or body corporate. Provided, that the right to use the streets, avenues, alleys or public property, by any person or body corporate for steps, porticoes, bay windows, bow windows, show windows, signs, columns, piers or other projections or structural ornaments of any character except so far as the same may be prohibited by law, and covered vaults, covered areaways, drains, drain-pipes, or any other private purpose not prohibited by laws and not being a franchise or right requiring a formal grant by ordinance under the terms of this section, may be granted by the Board of Estimates for such an amount of money and upon such terms as the said Board may consider right and proper. Before said Board shall grant any such right the person or body corporate seeking the same shall file before said Board in writing an application for such use and in said application the use desired shall be stated and what the CONTINGENT FUND. 119 applicant is willing to pay for the same must be given and such person or body corporate shall only enjoy such use on the payment of the amount of money named by said Board and on the terms and conditions said Board shall prescribe in writing, and no ordinance or advertisement shall be necessary or made in such cases as are named in the pro- viso of this section. Provided, however, that copies of said application be served upon the adjoining property owners by said applicant before filing application before said Board.** Baltimore City v. Gorter, 93 Md. 12. Purnell v. McLane, 98 Md. 591-595. Brauer v. Refrigerating Co,, 99 Md. 367. 38. There shall be included annually in the ordinance contingent of estimates the sum of fifty thousand dollars to be used as a contingent fund by the Board of Estimates, in case of an emergency or necessity for the expenditure of money above the appropriations regularly passed for any department, sub-department, municipal officer not embraced in a de- partment, or special commission or board, in the interval between the annual appropriations as herein provided for. As soon as practicable after the expenditure of any part of said contingent fund, the said Board shall report to the therefrom to /-I* /-I *1 11 1 • T -1 1 be reported. City Council all the circumstances attending said expend- iture, and the necessity for the same, and the reasons assigned by the department, sub-department, municipal officer not embraced in a department, or special commission or board, applying for and receiving the same. The City , . n -1 1 11 1 1 . 1 Power of City Council shall not have the power to increase or decrease, coundi. or strike out, said amount from the said ordinance of estimates. Baltimore City v. Gorter, 93 Md. 12. 39. The Mayor and City Council of Baltimore shall private claims appropriate no money out of the Treasury of the City for the payment of any private claim against the City, unless **Note. See, section 8, as re-enacted by Act 1906, ch. 152, ante, P.94. In connection with the provisions of Section 37, of the Charter, see, Simons’ Sons v. Maryland Tel. & Telegraph Co., 99 Md. 173. 120 TAX RATE AND ANNUAL LEVY. Report show- ing taxable basis for en- suing year tc be submitted to City Council. What it shall contain. Ordinance making an- nual levy of taxes. Tax Rate. such claim shall have first been presented to the Board of Estimates, together with the proofs upon which the same is founded, and reported favorably by said Board. Baltimore City v. Gorter, 93 Md. 12. TAX RATE AND ANNUAL LEVY. 40 . The Board of Estimates shall, on the first day of October, or as soon thereafter as practicable, in the year eighteen hundred and ninety-eight and in each succeeding year, procure from the proper municipal department and shall send, with the said ordinance of estimates, to both Branches of the City Council, a report showing the taxable basis for the next ensuing fiscal year, and the amount which can reasonably be expected to be realized by taxation for said year. The report shall contain an aggregate statement of all the moneys to be expended during the next ensuing fiscal year by the City, as set forth in said ordinance of estimates, as well as of any other sums, if such there be, which the City may be required to expend during the said year for any purpose or purposes not included in the ordinance of estimates, and it shall also state the total income which can reasonably be expected to be received by the City for the next ensuing fiscal year from licenses, fees, rents and all other charges, including the amount believed to be collectible from taxes in arrears. The report shall show the difference between such antici- pated expenditures and receipts of the City, and shall state a rate for the levy of taxes sufficient to realize the amount required to meet the said difference. In the ordinance making the annual levy of taxes, which ordinance shall be passed by the Mayor and City Council of Baltimore in the month of November in each year, and as soon as practica- ble after the passage of the ordinance of estimates, the Mayor and City Council of Baltimore shall fix a rate of taxation not less than the rate stated in the aforesaid report ; so that it shall not be necessary at any time for the City, its officers or agents, to create a floating debt to meet any deficiency, and it shall not be lawful for the City, its officers or agents, to create a floating debt for COMMISSIONERS OF FINANCE. 121 any such purpose. The taxes levied under said ordinance Annual levy of in the month of November in each year shall be the taxes to be collected for the fiscal year next ensuing after the said month of November, and may be paid to the City Collector on or after the first day of January next ensuing said levy. The taxes included in said levy on real estate or chattels real shall be in arrears on the first day of July next ensuing the date of their levy, and the taxes included in said levy on all forms of personal property shall be in arrears on the first day of May next ensuing the date of their levy, and the taxes on both forms of said property ^'^r^arslInTer- after they become in arrears as aforesaid shall bear interest payable, at the rate of six per centum per annum. *Baltimore City v. Gorter, 93 Md. 1. *Skinner, etc. Dry Dock Co. v. Baltimore City, 96 Md. 37. Baltimore City v. Poole, 97 Md. 71. COMMISSIONERS OF FINANCE. 41 . The Commissioners of Finance shall be the head of Members of the fourth sub-department of Finance, and shall be a Board composed of the Mayor, Comptroller, Register and two persons appointed by the Mayor in the mode prescribed in section 25 of this Article, and who shall hold their offices as therein provided. Both of said two last-named persons shall serve without pay. The Mayor and Register shall sign all obligations of the City and all City stock. One of the persons appointed by the Mayor as aforesaid, and so designated, shall be President of said Board. The Deputy President and Register shall act as clerk to said Board and keep the accounts and a record of proceedings of said Board, and for which service, in addition to the salary of said deputy Register herein provided, he shall be paid a salary of five hundred dollars per annum, payable monthly. This Board shall select the depository banks for City funds. It shall authorize all temporary loans to be made not inconsistent with this Article. It shall have charge, control and custody Powers of com- of all sinking funds of the Mayor and City Council of rnddu”fe7. Baltimore, and shall perform such other duties as shall be prescribed by ordinances not inconsistent with this Article. 122 CITY COLLECTOR. CITY COLLECTOR. City Collector head of 6fth subdepart- ment of Fi- nance; Sal- ary. Duties. Assistants and clerks. 42 . The City Collector shall be the head of the fifth sub- department of Finance, and shall be appointed by the Mayor in the mode prescribed in section' 25 of this Article, and hold his office as therein provided. He shall be paid for his services in collecting City taxes the salary of two thousand dollars per annum, payable monthly. He shall be the collector of all taxes and assessments on real property levied or made by the City. He shall in October in the year eighteen hundred and ninety-eight and in each year thereafter, immediately upon the receipt of the statement from the Appeal Tax Court, showing the taxable basis for the next ensuing fiscal year, as provided for in section 171 of this Article, begin the preparation of the tax bills on said basis, and after the levy of taxes has been made he shall complete said bills and have them ready for payment by the taxpayers on the first day of January next ensuing said levy, or as soon thereafter as practicable. He shall have such assistants, clerks and bailiffs as may be fixed by ordinances, and who shall perform such duties as shall be prescribed by ordinances not inconsistent with this Article.** 1844, ch. 236, Sec. 4. P. G. L., (1860) Art. 81, Sec. 49. 1872, ch. 384. 1874, ch. 383, Sec. 48. P. G. L., (1888) Art. 81, Sec. 49. 1888, ch. 515. 1900, ch. 229. 43 . Whenever it shall become necessary to sell any part or parcel of ground in the City of Baltimore, improved or unimproved, for the payment of any taxes or assessment, of any nature or kind whatever, levied or charged, the City ^of property to Collector shall first give notice by advertisement published be published, ^ Week for four successive weeks in two of the daily newspapers published in said City, one of which shall be in the German language, that he will sell said property at pub- lic auction on the day in the said advertisement mentioned ; said notice shall state the name of the person, when known. **NoTF: For decisions of interest in properly construing the provisions of section 42, supra^ see^ Sterling v. McMaster, 82 Md. 164. Textor v. Shipley, 86 Md. 424. Skinner, etc. Dry Dock Co. v. Baltimore City, 96 Md. 38. COIvLECTION OF TAXES. 123 to whom such a parcel of ground is assessed, the amount of taxes due on the same, and what improvements, if any, are on said parcel of ground, and to properly describe said prop- ’^s^ha^rco^tlin. erty the City Surveyor shall actually survey and furnish to the City Collector a description and plat of each lot so in ar- rear and the sum to be paid for each survey, including the description and plat, shall be three dollars and fifty cents, said sum to be added to the tax bill and collected in the same manner as the bill itself. The Collector shall before advertising said property for sale give to the person or per- ^fndSftSSess sons so in arrears, or to one of them if more than one, or leave at his or her or their residence or last known resi- paye^InTno- dence of one of them, and if no such residence be known there shall be left upon the premises so to be sold for taxes, a statement of his or her or their indebtedness, and not less than thirty day’s notice of his (said Collector’s) intention if the bill is not paid to enforce the payment thereof by dis- traint or execution. Mayor, &c. v. Howard, 6 H. & J. 383. Alexander v. Walter, 8 Gill 239. Polk V. Rose, 25 Md. 153. Co. Commr’s. of Pr. Geo. Co. v. Clarke, 36 Md. 207. Tax Sale of Lot 172, 42 Md. 196. County Commr’s. V. Union Mining Co., 61 Md. 548. Cooper v. Holmes, 71 Md. 20. County Commr’s. of Balto. Co. v. Winand, 77 Md. 522. Duvall v. Perkins, 77 Md. 582. Textor v. Shipley, 86 Md. 424. Benzinger v. Gies, 87 Md. 704.** P. L. L., (I860) Art. 4, Sec. 875. P. L. L., (1888) Art. 4, Sec. 833. 44 . The City Collector shall require the purchaser of such property on the day of sale, or the day next succeed- purchaser to ing, to pay on account of said purchase the amount assess- costs of dis- ed or taxed on the lot so sold, together with all costs and cuUom **Note : As to collection of taxes and tax sales generally, see, Mayor V. Chase, 2 G. & J. 376. Polk v. Pendleton, 31 Md. 125. Dyer z/. Boswell, 39 Md. 465. Guisebert v. Etchison, 51 Md. 478. Steuart v. Meyer, 54 Md. 466. Margaff v. Cunningham, 57 Md. 585. Gould v. Mayor, 58 Md. 46. Hebb v. Moore. 66 Md. 167. Perkins v. Dyer, 71 Md. 421. Georgetown College v. Perkins, 74 Md. 72. Degner v. M. & C. C. of Balto., 74 Md. 144. Bader z/. Perkins, 77 Md. 468. Baltimore V. Ulman, 79 Md. 486. Shaw v. Devecmon, 81 Md. 217. Richardson V. Simpson, 82 Md. 157. Baumgardner v. Fowler, 82 Md. 637. Young V. Ward, 88 Md.413. 124 CITY COTTBCTOR. charges, and no more, and the residue of the purchase money shall remain on a credit of one year and a day. P. h. L., (1860) Art. 4, Sec. 876. P. T. L., (1888) Art. 4, Sec. 834. 45. If the property so sold shall not be redeemed at the ^^noT?edeemed explratlon of Si jesiV and a day from the day of sale, the and City Collector shall, when required, and on payment of the executed.^ full amount of the purchase money, execute a deed for the same to the purchaser, and the balance of the purchase money so received by him shall be paid to the City Register. Polk 7J. Rose, 25 Md. 153. Hamilton v. Valiant, 30 Md. 139. Tax Sale of Lot 172, 42 Md. 196. Taylor v. Forrest, 96 Md. 529. 1904. ch. 281. §45a. Whenever property in the City of Baltimore has Property sold been sold for taxes pursuant to law, by one City Collector, Collector and and such salc has been reported and the deed executed by sale reported and deed exe- the successor iu office of the City Collector who made the cuted by his successor, sale as aforesaid, such report and such conveyance shall be as valid to all intents and purposes as they would have been if made by the City Collector who made the sale. 1904. ch. 281. §45b. Whenever property in the City of Baltimore has been sold for taxes, pursuant to law, by one City Collector, i*^op|rty sold and such sale has been reported by the City Collector who ciS oiiiecto? same, but the deed for such property has been and deed exe- executed and delivered by the successor in office of the successor. ()ity Collector who made such sale and report as aforesaid, such conveyance shall be as valid to all intents and purpos- es as it would have been if made by the City Collector who made and reported the sale.** P. L. L., (I860) Art. 4, Sec. 877. P. L. L., (1888) Art. 4, Sec. 835. 46. If it shall appear that the owner of the said lot or Investment of parcol of ground prior to the execution of the deed for the 3k dibt. same by the City Collector, cannot, after reasonable effort, be found, or if said owner shall refuse to receive said bal- **Note : see^ Duvall v. Perkins, 77 Md. 588. Taylor v. Forrest, 96 Md. 533. SALE OF property for TAXES 125 lance of money, then in either case the City Register shall invest the same for the benefit of such owner in any public debt of the State of Maryland or Mayor and City Council of Baltimore, and shall safely keep the same, and from time to time collect the interest due thereon, and invest for the benefit of such owner the interest from time to time in the said stock. P. L. L., (I860) Art. 4. Sec. 878. P. L. L., (1888) Art. 4, Sec. 836. 47. When any lot or parcel of ground in the said City o^„erofiot shall be sold by reason of non-payment of the tax or assess- wfthin^'iped- ment due thereon, the owner or other persons having an payment o" estate or interest therein shall have power to redeem the same at any time within one year and a day from the day of sale, on paying or tendering in payment to the City Col- lector the whole amount of money received by such City Collector from the sale of the lot or parcel of ground to be redeemed, and a further sum of one-half per cent, per month interest from the time of sale to the time of such tender ; and the sums so paid shall be by the City Collec- tor delivered or tendered to the purchaser, whose right in the property so purchased shall thenceforth cease and de- termine. 1900, ch. 663. §47a. In all cases where lands held by lease have been sold for the non-payment of taxes or assessments due there- on, the owner of the reversionary interest therein shall have the right at any time within one year and a day from the day of such sale, on paying or tendering in payment to the collector the whole amount of the money received by such collector from the sale of the lot or parcel of ground, together with the further sum of one-half per cent, per month interest from the time of sale to the time of such tender, to be substituted in the place of said purchaser of said lot or parcel of ground so sold, and the sum so paid shall be by the collector delivered or tendered to the pur- chaser whose rights in the property shall thenceforth cease and determine.** **Note. — Thi.s section was intended to supplement section 836 of P. L L., (1888) Art. 4, now codified as section 47 of the New Charter. Owner of rever- sionary inter- est in lease- hold propert3" sold for taxes may in cer- tain cases be allowed to re- deem same. 126 CITY COLLECTOR. Ratification of tax sales by Circuit Court. Sale may be set aside and resale made. Application of proceeds of resale. Proviso. P. G. L., (1860) Art. 81, Secs. 61, 63. 1867, ch. 186. .1870, ch. 312. 1872, ch. 384. 1874, ch. 483, Sec. 51. P. G. L., (1888) Art. 81, Sec, 52. P. L. L., (1888) Art. 4, Sec. 837. 1888, ch. 515. 1902, ch. 490. 48 . In all cases where lands held in fee simple or by lease have been sold, or shall be sold for payment of taxes in arrears, according to the provisions of existing laws, it shall be the duty of the City Collector to report the said sale, together with all the proceedings had in relation there- to to the Circuit Court of said City. The Court to which such report shall be made shall examine the said proceed- ings, and if the same appear to be regular, and the provis- ions of law in relation thereto have been complied with, shall order notice to be given by advertisement published in such newspapers as the Court shall direct, warning all persons interested in the property sold to be and appear by a certain day in the said notice to be named, to show cause, if any they have, why said sale should not be ratified and confirmed ; and if no cause or an insufficient cause be shown against the said ratification, the said sale shall, by order of said court, be ratified and confirmed, and the purchaser shall, on payment of the purchase money, have a good title to the property sold ; but if good cause, in the judgment of said court, be shown in the premises, the said sale shall be set aside ; in which case the said City Collector shall pro- ceed to a new sale of the property and bring the proceeds into court, out of which the purchaser shall be repaid the purchase money paid by him to the City Collector on said rejected sale, and all taxes assessed on said real estate and paid by said purchaser since said sale, and all costs and ex- penses properly incurred in the said court, with interest on all such sums from the time of payment; and if the pur- chaser has not paid the purchase money or the subsequent taxes, to apply said proceeds to the payment of the taxes for which said real property may have been sold, and all subsequent taxes thereon then in arrears, with interest on the same, according to law, and the costs of the proceed- ings ; but such sales shall not be set aside if the provisions of the law shall appear to have been substantially complied with ; and the burden of proof shall be on the exceptant to show the same to be invalid under the law. SALE OF property FOR TAXES. 127 Co. Commr’s, Pr. Geo. Co. v Clark, 36 Md. 206. Ex parte in the matter of the Tax Sale of Lot 172, 42 Md. 196. Meyer v. Steuart, 48 Md. 423. Guisebert v. Etchison, 51 Md. 488. Steuart Meyer, 54 Md. 454. Cooper v. Holmes, 71 Md. 20. Textor v. Shipley, 77 Md. 476. Shaw V. Devecmon, 81 Md. 217. Richardson v. Simpson, 82 Md. 155. Baumgardner v. Fowler, 82 Md. 631. Keys v. Forrest, 90 Md. 136. Taylor v. Forrest, 96 Md. 531. Cf., Margaff v. Cunningham’s Heirs, 57 Md. 585. Young v. Ward, 88 Md. 419, 420. Oppenheimer v. Levi, 96, Md. 304. Hewitt Z'. Parsley, 101 Md. 207. 1880, ch. 230. P. L. L., (1888) Art. 4, Sec. 838. 49. Whenever the Citji Collector shall have distrained Notice of sale , by advertise- or levied upon any goods or chattels in said City for non- payment of any taxes, State or municipal, due by the own- er thereof, before making sale of the property so distrain- ed or levied upon, said City Collector shall give notice by advertisement published twice a week for one week prior to the day of sale, and also on the day of sale, in three of the daily newspapers published in said City, one of which shall be in the German language, that he will sell for cash, at public auction, to the highest bidder, on the day and at the time and place mentioned in said advertisement, the property therein specified, unless on or before the day of sale the entire amount of taxes for which such distraint or levy shall have been made, with the interest thereon, and costs of making said levy and advertisement, shall be paid. 1880, ch. 230. P. L. L., (1888) Art. 4, Sec. 839. 50. Every City Collector who shall sell any goods or saie of chattels chattels levied or distrained upon for taxes. State or mu- of^proceeSs. nicipal, in Baltimore City, after due advertisement, as re- quired in the preceding section, shall retain out of the proceeds of sale the amount of taxes due from the delin- quent, for which such levy or distraint shall have been made, with the interest thereon, and all costs incurred in making said sale, and shall pay over the surplus, if any, to the owner of the property so levied upon and sold. 1890, ch. 205. P. L. L., (1888) Art. 4, Sec. 841A. 1900, ch. 229. 51. The City Collector shall not be required to distrain for any taxes assessed or levied upon real estate or personal 128 CITY COLLECTOR. ^ tice'^tjf bt Pi*operty, but he shall at least two weeks before the taxes whei” tlxef ^ become payable give notice by advertisement in three daily become due. papers published in Baltimore City of the day on which all taxes for the ensuing fiscal year become due; and shall on the application in person or by agent or by mail of any person to whom property is assessed deliver or send by mail a bill showing the amount of taxes due by such person taxpayers, wooks boforo the day on which such taxes shall by law be in arrear. He shall give notice by advertisement Notice of taxes Same way that all taxes not paid on or before that Whit slid <^^te will be in arrears, and that the property on which Said taxcs are levied will then be subject to be sold for taxes. And said notice shall further state that unless the taxes so in arrear are paid within thirty days thereafter, three per cent, of the gross amount thereon shall be added ^”pSty to be each bill for taxes in arrear, and at the expiration of added. thirty days from such notice, if the same be not then paid, three per centum of the gross amount of each bill for said taxes in arrear shall be added thereto as a penalty and collected in the same manner as the bill itself,' said penalty to be paid to the City Collector and by him to the City Register to the credit of the Mayor and City Council ; to ^li?dIgtil?s'P^"ovide for the expense of collecting the taxes for the fiscal year 1900, the Mayor and City Council may by ordinance appropriate the moneys so to be paid to the Register in payment of the expenses for collecting the taxes for that year. Benzinger v. Gies, 87 Md. 704. 1904, ch. 386. Enforcement 51 A. In all cases where the City Collector shall com- felaln of mence and carry on proceedings for the enforcement and bTcl’ty od” collection of taxes under the provisions of this Article, col^pllteli by w by notice, distraint, levy, advertisement, sale, his successor. gf g^]g qj. otherwise, and the term of office of such City Collector shall expire or shall cease by death, resig- nation, removal or otherwise, before such proceedings are completed, and, in case of sale, before the said sale has been fully ratified and confirmed and a deed to the purchaser executed and delivered as provided in this Article, the COLLECTOR OF STATE TAXES. 129 successor in office of such City Collector whose term of office shall thus cease or expire is hereby authorized, empowered and required to continue and complete all said proceedings commenced and carried on as aforesaid, during the term of office of his said predecessor, in the same manner and with like effect as his said predecessor would have been authorized and empowered to do had his term of office not ceased and expired as aforesaid ; and the successor in office of such City Collector whose term .of office shall thus cease or expire, shall have full power and authority to report any and all sales made by his said prede- cessor in office, to execute and deliver any and all deeds to property sold or reported by his said predecessor, and duties of suc- generally to do any and all acts and things necessary or proper to be done in order to continue and finally complete the enforcement and collection of taxes, and the sale and conveyance of property therefor commenced and carried on by his said predecessor in office. Duvall V. Perkins, 77 Md. 588. Taylor v. Forrest, 96 Md. 529. COLLECTOR OF STATE TAXES. 1874, ch. 483. P. L. L., (1888) Art. 4, Sec. 851. P. G. L., (1904) Art. 81, Sec. 31. 52 . The Mayor shall appoint in the mode prescribed in section 25 of this Article, and he shall hold his office as therein provided, one Collector for Baltimore City, for the collection of all State taxes levied or to be levied for any year; and it shall not be lawful for the municipal authori- ties of said City to provide any fixed annual or other stated compensation for collection of the State taxes, or a salary of any kind, to the said Collector for his services in collecting the State taxes, otherwise than by a per centum on the amount of his collections, as prescribed by this Article. Appointment, CompensationJ *Crane v. State, 1 Md. 27. ^Humphrey v. State, 17 Md. 57. *Mc- Cauley ^/. State, 21 Md. 573. *Allen z/. State, 98 Md. 697. Cf., Seiden- stricker v. State, 2 Gill 374. 130 COLIvECTOR OF STATE TAXES. Bond. Daily deposits of vState taxes. Penalty for failure. 1888, Art. 81, Sec. 33. 1860, Art. 81, Sec. 35. 1865, ch. 155. 1868, ch. 366. 1874, ch. 483, Sec. 32. P. L. E., (1888) Art. 4, Sec. 852. 53. The Collector of State taxes in the City of Balti- more, before he acts as such, shall give a bond to the State of Maryland in the penalty of seventy-five thousand dollars, to be approved by the Governor, with the condition that “if the above bound shall well and faithfully execute his office, and shall account to the State Comptroller for, and pay to the Treasurer of the State, the several sums of money which he shall receive for the State, or be answerable for by law, at such times as the law shall direct, then such obligation to be void, otherwise to remain in full force and virtue in law.'’ The said Collector’s bond, when approved by the proper authorities in the City of Baltimore, shall be recorded in the office of the Clerk of the Superior Court of Baltimore City, and when approved by the Governor shall be filed in the office of the State Comptroller. Baden v. State, 1 Gill 165. State v. Carleton, 1 Gill 249. Waters v. State, 1 Gill 302. Eawrenson v. State, 7 H. & J. 339. Milburn v. State, 1 Md. 14. Billingslea v. State. 14 Md. 369. McCauley v. State, 21 Md. 573. .State v. Horner, 34 Md. 569. Frownfelter v. State, 66 Md. 80. 1888, Art. 81, Sec. 34. 1868. cli. 366. 1874, ch. 383, Sec. 33. 1904, Art. 81, Sec. 34. P. L. L., (1888) Art. 4, Sec. 853. 54. The Collector of State Taxes in the City of Balti- more shall make daily deposits of such sums of money as he shall receive for State taxes collected by him, less the amount of commission allowed him for the collection of the same, to the credit of the Treasurer of the State of Mary- land, in some bank in said City which pays to the State the bonus or school tax, as provided by law, to be designated by the said Treasurer, and shall send to the Treasurer a • statement of the amount so deposited within the first ten days of each month, with a certificate of the bank that the same is so deposited; and on the failure to make such daily deposits and to send such certificate, he shall, on proof thereof to the satisfaction of the Governor, be liable to removal from office by the Governor, and the State Comptroller shall immediately enter suit upon his bond. *Allen V. State, 98 Md.697. See Seidenstricker z/. State, 2 Gill 374. COI.LBCTOR OF STATE TAXES. 131 1874, ch. 483. P. L. L., (1888) Art. 4, Sec. 854. 1888, Art. 81, Sec. 35. 1868, ch. 366. 1874, ch. 483. Sec. 34. 55. The Treasurer of the State may make weekly ex- amination of the books of the Collector of State Taxes in Baltimore City, whose books shall always be open to such inspection. 1874, ch. 483. P. E. E., (1888) Art. 4, Sec. 855. 1888, Art. 81, Sec. 39, 1860, Art. 81, Sec. 39. 1844, ch. 236, Sec. 1. 1865, ch. 155. 1868, ch, 366. 1874, ch. 483, Sec. 38. 56. If there be no Collector of State Taxes qualified ^over- and compensated in conformity with the provisions of this po[n“coF Article in said City by the fifteenth day of October in any year, the Governor shall appoint from any part of the State a Collector for the said City, who shall give bond, with sureties to be approved by the Governor, and be in all respects on a footing with other State Collectors’ bonds as provided in the Public General Laws, Article 81, title ‘ ‘ Revenue and Taxes, ’ ’ and the said Collector shall have all the power of other Collectors. 1874, ch. 483. P. E. E., (1888) Art. 4, Sec. 856. 57. The Mayor and City Council of Baltimore shall commission of levy upon the assessable property in the City of Baltimore such commission as will in its judgment insure a speedy collection of said State taxes, not exceeding two per centum on the amount to be placed in the hands of said Collector of State Taxes for Baltimore City; said commission to be levied for the use of said Collector, and to be collected as other charges are collected. Allen V. State, 98 Md. 697. 58. The City Collector shall be the Collector of State Taxes, and perform the duties as , herein provided, unless city collector otherwise provided by ordinance of the Mayor and City state Taxes. Council of Baltimore. 1906, ch. 101. 5 8 A. At the trial or hearing of any suit or proceedings of any kind, whether at law or in equity, or before any Justice of the Peace, brought for the recovery of any tax. 132 COIvIyECTOR OF WATER RENTS AND LICENSES. Certificate of the City Col- lector, or of the Collector of State Taxes, as to the amount of taxes due to be t>rima facie evi- dence of amount of taxes due. Appointments. Duties, When licenses shall become due. or taxes, and for any interest or penalties that may be due and owing on account of the non-payment of such tax or taxes, against any corporation, firm or individual, and in the case of an individual whether such suit or proceedings be against him or her in a representative or fiduciary capacity, or in his or her own right, the certificate of the City Collector or of the Collector of State Taxes in the City of Baltimore, as the case may be, as to the amount of such tax or taxes due, and as to the amount of any interest or penalties or both, due for non-payment of the same shall be prima facie evidence to entitle either the Mayor and City Council of Baltimore or the State of Maryland as the case may be, to a verdict and judgment, or to an order or decree as the proceedings may warrant, against such corporation, firm or individual, and in the case of an indi- vidual, whether the individual be sued or proceeded against in a representative or fiduciary capacity or in his or her own right for the full amount of such tax or taxes, together with any interest or penalties, or both, which said certificate shall so state to be due and owing. COLLECTOR OF WATER RENTS AND LICENSES. 1898, ch. 123. 1900, ch. 109. 59. The Collector of Water Rents and Licenses shall be the head of the sixth sub-department of Finance, and shall be appointed by the Mayor in the mode prescribed in Section 25 of this Article, and hold his office as therein provided. He shall be paid the salary of two thousand five hundred dollars ($2,500) per annum, payable monthly. He shall collect all water rents and license fees, and all other dues, or revenues to which the Mayor and City Council of Balti- more is or may be entitled except otherwise provided in this Article, and he shall have such assistants and clerks and perform such other duties as shall be prescribed by ordinances not inconsistent with this Article. All licenses imposed by ordinances shall be due and collectible in the first week of January in each year, and it shall be the duty of said Collector of Water Rents and Licenses to see that said Licenses are paid at that time ; provided, that the DEPARTMENT OF RAW. 133 Mayor and City Council of Baltimore may, if the public service permits, assign the duties to be performed by this section to be performed by the Collector of Water Rents and Licenses, to some other municipal official, and when so done by ordinance this office may be abolished. DEPARTMENT OF LAW. 60 . There shall be a Department of Law of the Mayor ^ity solicitor, and City Council of Baltimore; the head of said department shall be the City Solicitor. 1^06, ch. 459. 61 . The City Solicitor shall be appointed by the Mayor jjis appoint- in the mode prescribed in Section 25 of this Article, and hold his office as therein provided. He shall be a member of the Baltimore Bar, who has practiced his profession for not less than ten years in Baltimore City, and he shall receive a salary of forty-five hundred dollars per annum, payable monthly. 1898, ch. 123. 1904, ch. 112. 1906, ch. 206. 62 . The City Solicitor shall be the legal adviser of the city solicitor Mayor and City Council of Baltimore, and its several M^y- departments, and special commissions or boards, and shall have general supervision and direction of all legal business Baltimore. of the City. He shall have charge and direction of the preparation and trial of all suits, actions and proceedings of every kind to which the City, or any municipal official, department, special commission or board, shall be a party in any Court, local. State or Federal, or before any Justice of the Peace, and when practicable, without conflict with his other duties, he shall personally participate in the trial of all such suits in any of the Federal Courts and in the Court of Appeals of Maryland and of all such suits in other Courts which the Mayor may request him in writing to try, and shall discharge such other duties as may from time to time be prescribed by ordinances not inconsistent with this Article. He shall appoint in writing four assistants, to be Appointment known respectively, as the Deputy City Solicitor and Assistants 134 DEPARTMENT OF RAW. Assistant City Solicitor, all of whom shall be members of the Baltimore Bar, and shall hold their respective positions Salaries. Salaries payable monthly of $3,000 per annum for the Deputy City Solicitor and $2,500 per annum for each of the said Assistant City Solicitors, during the pleasure of the City Solicitor, who is hereby authorized to assign to them the performance, subject to his direction and control, of any of the duties required of him by this Article, whether expressed to be personal to himself or not, excepting only such duties as pertain to his character as a member of the Board of Estimates or the Board of Awards. In case any vacancy shall occur in the office of the City Solicitor whether by death, resignation or other- when Deputy wiso, the Deputy City Solicitor shall perform all the duties ?iiSil?t as appertaining to said office until the appointment and qualification of the new City Solicitor, and during the absence, sickness or other disability of the City Solicitor, the Deputy City Solicitor shall perform all the duties appertaining to the office of City Solicitor, including his duties as a member of the Board of Estimates and of the Board of Awards. In addition to such other duties as the ^sistlty (Aty City Solicitor may assign to him, one of the Assistant City Solicitors. Solicitors shall have charge, subject to the direction and control of the City Solicitor, of the examination of all titles on behalf of the City, and in doing such work shall be aided by such persons as the City Solicitor shall employ for the purpose out of the funds appropriated by the annual ordinance of estimates to his department for general expenses, or out of the proceeds of loans or other sums Examination appropriated by the Mayor and City Council of Baltimore of titles. defray the cost of public improvements or work involving the examination of titles on behalf of the City. * *NoTE. — In relation to the powers and duties of the CiU' Solicitor and his authority in representing the Cit}’^ in suits prior to the enactment of the new City Charter, see ; Balto. V. Ritchie, 51 Md. 233. Ireton Baltimore, 61 Md. 432. Dugan V. Mayor, 70 Md. 7, 8. M. & C. C. of Balto. v. Turnpike Co., 80 Md. 546. DEPARTMENT OF LAW. 135 63 . The City Solicitor shall give advice and opinions in writing upon any legal questions affecting the interest of the City, which may be submitted to him in writing by the Mayor or either Branch of the City Council, or any Commit- tee thereof, or the head of any department, or a special com- mission or board. All deeds, bonds, contracts and other legal instruments involving the interest of the City or to be execut- ed by or passed to the Mayor or other officer of the City shall, before they are executed or accepted, be submitted to the City Solicitor and have endorsed upon them his opinion as to ^°egafin?tru- their sufficiency and their compliance in terms and condi- tions with the laws or ordinances under which they are ^ executed. It shall be the duty of all officers and depart- ments of the City to submit all such bonds, contracts or other written instruments to the City Solicitor for his approval before executing or accepting the same. 64 . The Law Department shall have its offices and headquarters in such rooms in the City Hall, or elsewhere, Departo^nT as the Mayor may designate, to be provided and furnished at the expense of the City, and which shall be open on all business days between the hours of 9 A. M. and 3 P. M. All papers and documents relating to the legal business of the City shall be permanently filed in said office. 1898, ch. 123. 1904, ch. 112. 1906, ch. 206. 65 . The City Solicitor is authorized to employ, in addition to the assistants to one of the Assistant City of clerk, Solicitors mentioned in Section 62 of this Article, at a total pher, etc. cost not exceeding the aggregate amount therefor fixed by . the annual ordinance of estimates, a clerk, stenographer and typewriter, and such other assistants of every kind as he may require, who shall at all times be subject to his orders. The said clerk shall, subject to the direction of the City Solicitor, have charge and custody of the office ^^d papers of the Law Department, which shall be arranged and indexed by him in such convenient and orderly man- ner as to be at all times readily accessible. He shall also keep in said office a complete docket and duplicate pleadings of all suits, actions, or proceedings in which the City, or any 136 DEPARTMENT OF PUBEIC SAFETY.' department or official thereof, is interested, pending in any Court or tribunal, upon which docket such appropriate entries shall be made as to show at all times the condition of each one of such cases. He shall also keep and record in a book to be provided for that purpose the original or duplicate copies of all written opinions furnished by the Law Department to the City, or to any department or official thereof, and also of all abstracts of title furnished to the City by the Law Department. He shall also procure Eegai opinions far as possible all legal opinions and abstracts of title of tifiefo which havc heretofore been furnished to the City, or any department or official thereof, and shall file and arrange such opinions and abstracts in such manner and order as to be at all times readily accessible, and shall make and preserve an index thereof. He shall also procure all law books heretofore purchased by the City and in possession of any law officer or ex-law officer of the City, and arrange them in a proper bookcase. * 66. The City Solicitor shall have authority, with the S^JsSkitor written approval of the Mayor, to institute on behalf of suits on be- the Mayor and City Council of Baltimore, any suit, action half of City. proceeding in any court or tribunal, local. State or Federal. All appeals on behalf of the City to the Court of Appeals, the Supreme Court of the United States, the United States Circuit Court of Appeals or to any other Court shall be taken upon the written order of the City Solicitor, approved by the Mayor. M. & C. C. of Baltimore v. Turnpike Co., 80 Md. 536. 67. The City Solicitor and his Assistants shall be ravelling Ex- ^ t i penses. allowed reasonable traveling expenses outside of the City, to be audited by the Comptroller, when on business con- nected with the Law Department. DEPARTMENT OF PUBLIC SAFETY. 68. There shall be a Department of Public Safety of the Mayor and City Council of Baltimore, which shall con- consist of the Board of Fire Commissioners, Commissioner *NoTE.— Sec. 2 of Act 1904, cli. 112. BOARD OF FIRE COMMISSIONERS. 137 of Health, Inspector of Buildings and Commissioner of Street Cleaning, and ex officio the President of the Board of Police Commissioners. The head of said department shall consist of a Board of Public Safety, composed of the President of the Board of Fire Commissioners, who shall be President of said Board, Commissioner of Health, Inspector of Buildings, Commissioner of Street Cleaning, and the President of the Board of Police Commissioners. This Board shall be for consultation and advice, and shall have no power to direct or control the duties or the work of any sub-department. It shall perform such other duties as may be required of it by ordinances not incon- sistent with this Article. BOARD OF FIRE COMMISSIONERS. 69. The Board of Fire Commissioners shall be the head of the first sub-department of Public Safety, and shall consist of a Board of three persons appointed by the Mayor in the manner prescribed in section 25 of this Appointment. Article, and hold their offices as therein provided, and they shall have control, regulation and supervision of the Fire Department and matters relating to the same, and shall perform such other duties as may be required by ordinances not inconsistent with this Article. One of said three persons shall be designated by the Mayor as the President of said Board. Each member of said Board shall be paid a salary of one thousand dollars per annum, paya- ble monthly. They shall have power to appoint all subor- dinates in their sub-department, and fix their compensation, not, however, to exceed in number of employees or salaries and aggregate amount of compensation the limits fixed by ordinance. 1884, ch. 312. 1886, ch. 463. 1888, ch. 393. P. h. h., (1888) Art. 4, Secs. 315 and 315A. 70. The Board of Fire Commissioners of the City of May retire dis- Baltimore may retire from office in the Fire Department berl ofpi?e any permanent or call member thereof who has become permanently disabled while in the actual performance of 138 COMMISSIONER OF HEALTH. Pensions for widows and children. Appointment; his duties and powers. Salary. May appoint subordinates and fix their compensa- tion. duty, or who has performed faithful service in the depart- ment for a period of not less than twenty consecutive years, or who may become unable to perform further service by reason of age or other physical or mental disabilities, and place the member so retired upon a pension roll. And said Board may also provide for the relief of the widows and children of firemen who may be killed in the discharge of duty. The amount of such annual pension to be allowed by said Board of Fire Commissioners to each pensioner shall be equal to one-half the yearly amount then being received by him, for service in said department at the time of such retirement, per annum, payable in monthly installments. COMMISSIONER OF HEALTH.* 71. The Commissioner of Health shall be the head of the second sub-department of Public Safety. He shall be appointed by the Mayor, in the mode prescribed in section 25 of this Article, and hold his office as therein provided. It shall be his duty to cause all ordinances now in exist- ence or which may hereafter be enacted for the preserva- tion of the health of the City of Baltimore, not inconsistent with this Article, to be faithfully executed and strictly observed ; and all power and authority now lodged in the Board of Health in said City shall be and the same is hereby transferred to the Commissioner of Health. His salary shall be three thousand five hundred dollars per annum, payable monthly, and he shall be a physician of five years’ experience and active practice at the time of his appointment. He shall perform such duties in this department as are now required or may hereafter be prescribed by ordinance not inconsistent with this Article. The Commissioner of Health may appoint two Assistant Commissioners of Health, a Medical Examiner and an Assistant Medical Examiner, and a reasonable number of clerks and subordinates, and fix their compensation, but no greater number of persons shall be appointed by or employed under said Commissioner of Health than the *NoTE. — For origin of provisions of Charter under this title see City Code (1892) Art. 23. COMMISSIONER OF HEARTH. 139 public interests demand and the appropriation by the Mayor and City Council of Baltimore shall justify. 72. There may be appointed by the Commissioner c>f Health, a reasonable number of Sanitary Inspectors for spectors. said City, not exceeding fifteen, of whom two may be physicians, and one, at least, shall be a person skilled in the matters of drainage and ventilation ; and the Commis- sioner of Health from time to time may prescribe the duties of each, consistent with the ordinances now existing or hereafter enacted, and not inconsistent with this Article. 1894, ch. 53. 73. The Commissioner of Health shall appoint all in- spectors and analysts of bakeries, bake shops, candy fac- ^speSSrsV^d tories, confectioners or other places for the manufacture bakeUel°Lc. of bread, cakes, confectionery and similar food products, for the purpose more especially of ascertaining their sani- tary condition and cleanliness, and for the purpose of as- certaining the purity, healthfulness and wholesomeness of the flour, sugar, butter, lard or other ingredients used in making such bread, cakes, confectionery and other articles of food offered for sale in the City of Baltimore, or intend- ed for consumption therein, as by ordinance may be pre- scribed. Deems v. M. & C. C. of Baltimore, 80 Md. 170. 1894, ch. 53. 74. The Commissioner of Health shall appoint all in- To appoint spectors and analysts for the proper inspection of milk or tSk. any and all other food products offered for sale in the City of Baltimore, or intended for consumption therein, as by ordinance may be prescribed. Deems v. M. & C. C. of Baltimore, 80 Md. 170. 75. One of the Assistant Commissioners of Health, who shall be a legally authorized practicing physician in good standing, shall be assigned to the performance of the duties ^pfispUM® of Quarantine Hospital Physician. He shall reside perma- ?Sen?e.’ nently on the grounds attached to the hospital on the 140 COMMISSIONER OF HKAETH. southern shore of the Patapsco River, and known as the Quarantine Hospital of the port of Baltimore, and shall superintend all the affairs of the hospital and the adjacent grounds, under the direction of the Commissioner of regard^ Health. Whatever powers have been heretofore granted Mayor and City Council of Baltimore, in regard to quarantine regulations, to the Board of Health, are hereby transferred to the Commissioner of Health, subject to al- teration, amendment or repeal by ordinances not inconsis- tent with this Article. Salary of Quar- In consMeration of the duties to be performed by Assistant Commissioners of Health as Quaran- tine Hospital Physician, said officer shall hereafter receive, in lieu of all commissions and fees, a salary of three thous- and dollars per annum, payable monthly, and he may occu- py the dwelling on the hospital grounds free of charge, but all expenses incurred for his support, or that of his family, shall be defrayed out of his salary. The other Assistant Commissioner of Health shall be allowed a salary of two thousand dollars per annum, payable monthly. . 1898, ch. 123. 1900, ch. 109. 77. The Commissioner of Health shall annually appoint Appointment u Vaccino Physician for every ward of the City of Balti- vacchiTphy- niore, who shall be a resident of the ward for which he sician. appointed, who shall vaccinate in his ward all such persons as may be designated by the Commissioner or As- sistant Commissioner of Health as susceptible to small-pox contagion, and whose duty it shall be to visit each dwelling house in the ward for which he is appointed and vaccinate every person who may be presented to him for that purpose, and to be prepared at his office at such hours as may be des- ignated by the Commissioner of Health to vaccinate all who may there call on him that are residents of said ward requir- To keep record ing vacci nation. He shall keep a record of the names, ages ?a4[^adons. and residences of all whom he shall vaccinate or re- vacci- nate, and report the same monthly under oath or affirma- tion to the Commissioner of Health, and shall also report to said Commissioner of Health monthly the names of all INSPECTOR OF BUILDINGS 141 persons who shall refuse to suffer themselves or the mem- bers of their household to be vaccinated when the same shall be necessary. He shall discharge all other duties which may be required of him as such Vaccine Physician by or- dinances not inconsistent with this Article, and shall also discharge the duties of Sanitary Inspector for his ward. Each Vaccine Physician shall be paid a salary of not more than nine hundred dollars ($900) per annum, to be fixed by the Health Commissioner, payable monthly. 78. Each of the said Vaccine Physicians shall act as vaccine physi- health warden of his respective wards, and shall sign, afhlauh''^ without charge, all certificates that may be required of him to enable children from the respective vaccine districts to enter any of the public schools of Baltimore ; and he shall have a general supervision of the health of his respective wards, and report to the Commissioner of Health any nuisance which in his opinion is or may become a source of disease, and in case of the manifestation of any con- tagious disease, he shall at once, under the direction of the Commissioner of Health, proceed to use such means as the nature of the case may demand, to arrest its progress. INSPECTOR OF BUILDINGS. 79 . The Inspector of Buildings shall be the head of the third sub-department of Public Safety. He shall be an architect or builder of ten years’ experience in the active practice of his profession and have had responsible charge of work for at least that length of time. He shall be ap- pointed by the Mayor in the mode prescribed in section 25 of this Article, and hold his office as therein provided, and under this department he shall have the supervision of the construction of all buildings erected in the said City, and shall see that the building laws relating to the construe- tion of said buildings shall be complied with, and he shall perform such other duties as may be prescribed by ordi- nances not inconsistent with this Article. He shall be paid a salary of three thousand dollars per annum, payable monthly. 142 INSPECTOR OP BUILDINGS. Duties in rela- tion to Fire Fxits. 1882, ch. 74. P. L. L., (1888) Art. 4, Sec. 129. 80. It shall be the duty of the Inspector of Buildings to visit and inspect all theatres, hotels, public halls, churches, school-houses and buildings used for public assemblages, and all manufactories employing twenty-five or more per- sons, now erected or that may hereafter be erected in the City of Baltimore for the purpose of ascertaining if said buildings have the proper means of exit in case of fire or panic ; and if, on examination, the said Inspector of Build- ings, shall determine that said buildings, as herein enumer- ated, have not the proper means of exit for the purposes herein prescribed, then it shall be the duty of the said In- spector of Buildings to notify in writing, the owners, trus- tees or lessees of said buildings that the proper means of exit do not exist, and direct the said owners, trustees or lessees of said buildings, as herein enumerated, to so im- prove the same as to provide the proper means of exit, in case of fire or panic, as in the judgment of the said Inspec- tor of Buildings he may deem proper and necessary. Persons not complying with law to 1882, ch. 74. P. L. L., (1888) Art. 4, Sec. 130. 81. If any person having been notified, as provided in the preceding section, shall fail to comply with said notice, he be penalized, shall, after the expiration of thirty days from the date of said notice, forfeit and pay a fine of one hundred dollars for non-compliance therewith, and twenty-five dollars per day for each and every day thereafter that he shall refuse to make such improvements as prescribed in the notice so given, as provided in the preceding section ; said fines to be collected as other fines are collected by law. To enforce exe- cution of building laws. 82. It shall be the duty of the Inspector of Buildings to enforce the execution of all existing or hereafter enacted building regulations and ordinances relating to the construc- tion, alteration and removal of buildings, or other structures, walls or parts of buildings or other structures. The Inspec- tor of Buildings shall have power to appoint such assistants and subordinates, clerks and employees as are or may here- after be prescribed by ordinance, and fix their compensa- DEPARTMENT OF PUBEIC IMPROVEMENTS. 143 tion, not to exceed in the aggregate the amount allowed by ordinance. COMMISSIONER OF STREET CLEANING. 83. The Commissioner of Street Cleaning shall be the head of the fourth sub-department of Public Safety. He shall be appointed by the Mayor in the mode prescribed in section 25 of this Article, and hold his office as therein pro- vided. He shall be charged with the duty of cleaning the streets, as well as the cleaning of the sewers, subject as to the latter to the direction and orders of the City Engi- neer ; and shall perform such other duties as may be pre- scribed by ordinances not inconsistent with this Article. He shall be paid a salary of two thousand five hundred dollars to appoint sub- per annum, payable monthly. The Commissioner may ap- and’fi^their point such subordinates as his department shall require, and fix their compensation, not to exceed in the aggregate the amount appropriated by ordinance. DEPARTMENT OF PUBLIC IMPROVEMENTS. 84. There shall be a Department of Public Improve- ments of the Mayor and City Council of Baltimore, which shall consist of the City Engineer, Water Board, Harbor Board and Inspector of Buildings. The head of said de- partment shall be a Board of Public Improvements, com- posed of the City Engineer, who shall be President of said Board, the President of the Water Board, the President of the Harbor Board, and the Inspector of Buildings. This Board shall be for consultation and advice, it shall have no power to direct or control the duties or the work of any sub- ^^Jower^du-"^ department under this department. It shall perform such other duties as may be required of it by ordinances not in- consistent with this Article. Until the organization of said Board of Public Improvements by the Mayor first elected under the provisions of this Article, as provided in Section 25 of said Article, the City Commissioner, Engineer of the Water Board, Engineer of the Harbor Board and Inspector of Buildings, shall compose a Board to perform all the duties required of the said Board of Public Improvements by the provisions of this Article. 144 CITY ENGINEER. Board to give When any ordinance for a public improvement, not writfiig'o^ an the ordinance of estimates furnished by the fOTpuwfc im- Board of Estimates under the provisions of this Article, where^os? exceeding in cost the sum of two thousand dollars has exceeds $ 2000 . j^g reading in the Branch of the City Council in which it originates, it shall be referred to the Board of Public Improvements for an opinion, in writing, as to its advisability and whether the wants of the City actually require such an improvement, and by the last-named Board with such opinion attached to said ordinance it shall be sent to the Board of Estimates for its opinion, in writing, as to the probable cost of the same and whether the financial condition of the City will justify such an expendi- ture. No further action with regard to said ordinance shall be taken by the City Council until such reports have been made and submitted to both Branches of the City Council and read and entered on the respective journals of said Branches. It shall be the duty of both of the said Boards to promptly make the said reports and the Boards of Estimates shall return the same attached to said ordinance to the City Council. Baltimore City v. Gorter, 93 Md. 13, CITY ENGINEER. 1906, ch. 459. Appointment; 86. The City Engineer, who shall be the head of the ficrtions;“fli- first sub-department of Public Improvements, shall be powl?s. appointed by the Mayor in the mode prescribed in section 25 of this Article, and hold his office as therein provided. He shall have control and supervision of the streets, high- ways, lanes and alleys of the City of Baltimore, both as to their construction, paving and curbing. He shall construct all sewers, unless otherwise provided by ordinance. He shall be a civil engineer in the active practice of his pro- fession for five years, and one who has had responsible charge of work for at least that length of time. He shall per- form all the duties heretofore performed by the City Com- missioner unless otherwise provided in this Article. He shall receive a salary of forty-five hundred dollars per annum. PROTECTION OF IMPROVED PAVEMENTS. 145 payable monthly, and perform such other duties as may be prescribed by ordinances not inconsistent with this Article. He shall have power to appoint such subordinates as he may require, and fix their compensation, not, however, to exceed in number or compensation the limits fixed by ordinance ; provided, however, that nothing in this Act con- tained shall be constructed to in anywise impair or modify the powers conferred upon the Sewerage Commission created under the provisions of Chapter 349 of the Acts of 1904. 1904, ch. 294. 86A. Whenever, because of sickness, temporary :absence from the City or other disability, or under the Injfnler^in^ stress of conflicting engagements or other reasonable Jesso?ab-^^' necessity, the City Engineer shall be unable to discharge pow- any duties or exercise any power imposed or conferred upon him in person in his primary capacity as City En- gineer, by law or ordinance, he shall be and is hereby authorized to delegate in writing, subject to the approval of the Mayor, the discharge of such duty or the exercise of such power to such one or more of his chief subordi- nates as he may select. Protection of Improved Pavements. 1906, ch. 798. 86B. Whenever any of the streets, lanes or alleys of Notice to be the City of Baltimore are to be paved or repaved with any fmp?oved^“ new or improved pavements, the City Engineer before SretJbeSid. said paving or repaving is proceeded with shall cause a notice to be inserted in two daily newspapers published in the City of Baltimore, once a week for four successive weeks, notifying all persons and corporations that upon the expiration of a day to be named in said notice, said day not to be less than six weeks from the date of the first insertion of said notice, he will proceed with said paving or repaving and warning said persons and corporations to obtain permits for and to complete all work that might in any way necessitate the digging or tearing up of the .said street, lane or alley, or any part thereof when so paved 146 WATER BOARD. or repaved, before said day, and written or printed notices of like tenor and effect shall likewise at least four weeks before the expiration of said day, be served by the City Engineer, or on his behalf, upon all persons or corporations that he may supposed to be interested in receiving such notices ; provided, however, that the service of such last Proviso. mentioned notices shall not be so construed as to be one of the prerequisites to the validity of the proceedings by the City under this and the succeeding section of this Article. 1906, ch. 798. 86C. The said pavement or repavement when there- ^ m^ntrnot to after laid shall in no event be dug or torn up in whole or in part at the instance of or by any person or corporation, vfS unless in the cause of some special emergency that could not under the circumstances be reasonably expected to have been foreseen by said person or corporation, except upon a permit obtained therefor, signed and issued by the Mayor and City Engineer, jointly, which said permit said Mayor and City Engineer are expressly empowered in their absolute discretion to issue or withhold as the circum- stances may appear to them to warrant. In case the said Mayor and City Engineer determine to issue said permit, they may attach such conditions and terms thereto as they may deem right and proper. WATER BOARD. To have charge 87. The Water Board shall be the head of the second of water sup- gub_department of Public Improvements, and shall have charge of the water supply to the inhabitants of the City of Baltimore, and shall consist of five persons appointed by the Mayor in the manner prescribed in section 25 of this Article, and hold their offices as therein provided. One of said five persons, who shall be the President of said Board and known as the Water Engineer, and so named by the Mayor, shall be civil engineer in the active practice of his profession for five years, and who has had responsible charge of work for at least that period of time. The Water Engineer shall receive a salary of four thousand HARBOR BOARD. 147 dollars per annum, payable monthly, and the other mem- bers of said Board shall serve without pay. All subordi- nates employed in said sub-department shall be appointed by the Water Engineer, subject to the approval of said "ub^depan-^ Board ; he shall fix their compensation not to exceed in the S water^'^^ aggregate the amount appropriated by ordinance. The Water Engineer and Water Board shall perform such other duties as are now or may hereafter be prescribed by ordi- nances not inconsistent with this Article. 1904, ch. 364. 87A. The Water Board shall have such power and Water rates; authority with reference to the assessing and establishing wlte^Xard. of rates either by meter, fixed charge or otherwise, for the supply and use of water for any purpose and at any point in Baltimore City and County, as may be delegated by said Board by ordinance of the Mayor and City Council of Baltimore ; payments of said rates to be enforced as now provided by law ; and the said Water Board shall also have such power and authority with reference to the abate- ment of water rates as may be delegated to them by ordi- nance of the Mayor and City Council of Baltimore. HARBOR BOARD. 88. The Harbor Board shall be the head of the third have charge sub-department of Public Improvements, which shall have whar^S!^’ charge of the harbor, wharves and navigable waters in and adjacent to the City of Baltimore. It shall consist of five persons appointed by the Mayor in the manner pre- scribed in section 25 of this Article, who shall hold their offices as therein provided. One of said five persons, who president to be shall be the President of said Board and known as the HaXorE^gi- Harbor Engineer, and so named by the Mayor, shall be a civil engineer in the active practice of his profession for five years, and who has had responsible charge of work for at least that period of time. The Harbor Engineer shall receive a salary of four thousand dollars per annum, payable monthly, and the other members of said Board shall serve without pay. All subordinates employed in 148 INSPECTOR OF BUIEDINGS. said sub-department shall be appointed by the Harbor Engineer, subject to the approval of said Board, who ^pof^t^L^bor- shall fix their compensation, not to exceed in the aggre- 6 f he amount appropriated by ordinance. The Harbor etc°^dutfe^ ’ Engineer and Harbor Board shall perform such other duties and may hereafter be prescribed by ordinances not incon- sistent with this Article. INSPECTOR OF BUILDINGS. Further duties: The Inspector of Buildings shall be the head of the tend^con”' fourth sub-department of Public Improvements, and shall munfcSlf^ he the same officer whose appointment is provided for buildings, herein in the Department of Public Safety. The duties he shall perform in this department and sub-department shall be the superintendence of the construction and repairing of all buildings built by the City, unless otherwise provided by ordinances. He shall receive no additional pay for his services rendered in this department. He shall perform such other duties in this department as may be required of him by ordinances not inconsistent with this Article. DEPARTMENT OF PUBLiC PARKS AND SQUARES. 1906, ch. 416. Board of Park 90. There shall be a Department of Public Parks and ?rs“?b?i°s”' Squares of the Mayor and City Council of Baltimore, the Sofntment: head of said department shall consist of a Board of Park seSta?y%is Commissioners composed of five members to serve without pay, appointed by the Mayor in the manner prescribed in section 25 of this Article, one of whom shall be the Presi- dent thereof, and shall be so designated by the Mayor. Their term of office shall be five years, one of them to retire at the end of every year at which time his successor shall be appointed. The present Board shall determine by lots their terms of office so as to provide for the retirement of one of its members on the first Monday in October in the year 1906, and one at the end of each year thereafter suc- ceeding ; provided, however, that none of the present Board shall serve for a longer term than five years, unless reappointed; said Board shall elect a secretary, who shall DEPARTMENT OF PUBLIC PARKS AND SQUARES. 149 be paid a salary of one thousand five hundred dollars ($1,500) per annum, payable monthly, and he shall be the clerk of said Board, and shall perform such duties as may ^ be prescribed by said Board. The said Board shall perform such other duties as may be prescribed by ordinances not inconsistent with this Article. 1906, ch. 416. 91. The Board of Park Commissioners shall have charge and control of all public parks, squares, boulevards leading to parks, springs and monuments belonging to and controlled by or in the custody of the Mayor and City Council of Baltimore ; and it shall have power and author- ity to rent or lease property, which it may acquire on behalf of the City, whether by purchase, condemnation or otherwise, at such reasonable rentals, and for such terms as to the said Board may seem proper. 1862, ch. 29. P. L. p., (1888) Art. 4, Sec. 706. 92. The Board of Park Commissioners shall have power from time to time to make such rules and regulations for^Za5.°^ the government and preservation of order within the parks, squares, springs and monuments belonging to, con- trolled by, or in the custody of the Mayor and City Council of Baltimore, as it may deem expedient. To carry out such regulations, fines not exceeding in any one case one hundred dollars shall be imposed for breaches of said rules and regulations, which fines shall be recoverable as other hnes are in the name of the City, and said amounts so recovered shall be used and appropriated to the purposes ot the Board of Park Commissioners. 1876, ch. 40. P. L. L., (1888) Art. 4, Sec. 707. 1902, ch. 92. 1906, ch. 416. 93. The Board of Park Commissioners is authorized and empowered to regulate the speed of vehicles and equestrians within one mile of the approach and within ‘o7vf ' fines nr^vidf/r^ nes provided for in the preceding section for the violation 0 any regulations it may establish in this connection, to be 150 DEPARTMENT OF PUBLIC PARKS AND SQUARES. recovered as therein provided ; but the said Board of Park Commissioners shall have no authority to pass any rule or regulation excluding private automobiles from the free use of the park squares and roadways under its control, nor shall the said Board of Park Commissioners have authority to pass any rule or regulation requiring vehicles, eques- trians or automobiles to travel at a slower rate of speed than six miles per hour. The said Board shall also have power and authority to admit into the parks, squares and boulevards under its control, public conveyances, whether automobiles, wagons, or any other kind of vehicles, upon such terms and conditions as to charges and otherwise, as to the said Board may seem proper. 1862, ch. 29. P. L. L., (1888) Art. 4, Sec. 708. Board conser- 04. The several members of the said Board of Park valors oi peace in Commissionors shall have the power of conservators of the parks and . , , . . squares. peace Within the limits of said parks and squares. 1862, ch. 29. P. L. L., (1888) Art. 4, Sec. 709. ^ ^ 95. The Board of Police Commissioners of Baltimore Board of Police Commission- Qjty is directed at the request of the Board of Park Com- ‘ iS“on^e°’ i^issioners to detail from time to time such of the regular quest of police force of said City as the said Board of Park Commis- Commission- siouors may deem necessary for the preservation of order ; within said parks and squares, according to the regulations ; aforesaid, which policemen shall be under the direction of j said Board of Park Commissioners, and shall have the same power in said parks and squares that the Police of the City of Baltimore have as conservators of the peace in Baltimore City or elsewhere. Upshur V. Baltimore City, 94 Md. 743. 1876, ch. 344. P. L. L., (1888) Art. 4, Sec. 712. Zoological col- 96. In addition to the powers now or hereafter con- formed^ ferred upon the Board of Park Commissioners, it is author- Sti^rihere- ' iz^d to form zoological collections within the limits of said parks or squares by the purchase and collection of live, wild or other animals, for the purpose of public exhibition DEPARTMENT OF PUBLIC PARKS AND SQUARES. 151 for the instruction and recreation of the people, with power to make contracts in regard thereto ; and shall be capable at law to hold, in the name of the Mayor and City Council of Baltimore, and at pleasure to dispose of gifts, devises and other property for use of said collections. 1876, ch. 344. P. L. L., (1888) Art. 4, Sec. 717. 1900, cli. 109. 97 . The said Board of Park Commissioners shall have Full power to full power to employ and compensate all persons, whom, in sons neces- its judgment, it may deem proper, in maintaining and serve parks, supporting such parks, squares, springs and monuments, judgment, or any other buildings, collection, garden or reservation provided for in this Article. The distribution of the Park fund for the maintenance of the different parks and squares shall be made by the Park Commissioners ; pro- vided, nothing contained in this section or elsewhere in this Article shall be taken or construed to exempt the said Board of Park Commissioners from a full compliance with me require- all the requirements of Section 36 of this Article, and the tion 36 of this said Board of Park Commissioners shall spend no part of ply to said said park fund unless such expenditure is authorized and included in the annual ordinance of estimates; and provided further, the Board of Park Commissioners who go into ofhce on the first day of March, in the year 1900, shall ^ing^to mSrd make such report to the Board of Estimates as soon there- offic?ilfi 9 oo. after as possible, which report shall include all expendi- tures to be made by said Board of Park Commissioners for the remainder of the current fiscal year, and the Board of Estimates shall prepare and submit to the City Council a supplemental ordinance of estimates, to include the amount which the said Board of Estimates may deem proper to be spent by said Board of Park Commissioners for the remainder of said current fiscal year. 1886, ch. 354. P. L. E., (1888) Art 4, Sec. 719. 98 . The night watchman employed by the Board of Night watch- Park Commissioners shall have, while on duty, the same power that police in said City have as conservators of the peace. 152 DEPARTMENT OF EDUCATION. Department of Education. Board of School Commission- ers; appoint- ment; its president. Members of Board; quali- fications. Appointment and removal of subordi- nates and teachers; their salaries. 1906, ch. 107. 99. There shall be a Department of Education of the Mayor and City Council of Baltimore. The head of said department shall consist of a Board of School Commis- sioners composed of nine persons, who shall serve without pay, and who shall be appointed by the Mayor in the mode prescribed in section 25 of this Article, and removable as therein provided. One of said Commissioners shall be President of said Board and so designated by the Mayor when appointed. Their term of office shall be six years, three of them to retire at the end of every two years. The Board first appointed shall determine by lot their term of office, so as to provide for the retirement in the suc- ceeding two and four years of three of their number. The members of said Board shall be residents of the City of Baltimore for at least one year, citizens of the State of Maryland for at least five years prior to their appointment. The members of said Board shall be chosen by the Mayor from among those he deems most capable of promoting the interest of public education by reason of their intelli- gence, character, education or business habits. In the selection of members of said Board and in their action in the administration of the public schools, ecclesiastical and party ties shall not be regarded, so that the public schools may be entirely out of the field of political and religious differences and controversies. The said Board shall con- firm or reject all nominations of teachers made to it, as hereinafter provided by the Superintendent of Public Instruction and his assistants. It shall not confirm the appointment of any teacher whose name does not appear upon the graded list, hereinafter provided for. All officers, secretaries, clerks and employees shall be appointed by said Board, and may be removed by it at pleasure, and any teacher may be removed by said Board on the recom- mendation of the Superintendent of Public Instruction after charges preferred and trial had. The salary of all officers, teachers, secretaries, clerks and employees shall be fixed by said Board, not to exceed in the aggregate the DEPARTMENT OF EDUCATION. 153 amount appropriated by ordinance. Whenever the con- struction of a new schoolhouse or the enlargement and repairs of an old schoolhouse is authorized, the instructions of the Board of School Commissioners shall be regarded by the Inspector of Buildings in the preparation of his plans, and no plans shall be finally adopted without the ^"S.^boofs, concurrence of said Board. All text-books, stationery and furniture required for the public schools shall be purchased by the said Board, subject to the provisions of Sections 14 and 15 of this Article. * 100. The said Board shall appoint the principal, profes- To appoint cer- sors, tutors and instructors of the City College, the principals, tutors and instructors of the Polytechnic Institutes, and of the High Schools. It shall also appoint a Superintendent of Public Instruction and one or i^ore Assistant Superintendents of Public Instruction, one of whom shall be the First Assistant, and shall act as fupeSL- Superintendent of Public Instruction if that officer is disabled. The said Superintendents shall all be persons of education and experience in the management of schools, and they shall not be less than twenty-five years of age, at the timie of their appointment, and shall discharge the duties herein prescribed and such other duties as the said Board may direct. In order to secure the continuance of local interest in and oversight of the public schools, there shall be appointed annually by said Board such number of unpaid School Visitors as may be found requisite. One or more of these visitors shall be assigned to every school, duties, and every visitor so assigned shall be a resident or engaged in business within half mile of the school to which he or she is assigned, so that the parents and inhabitants of every neighborhood may have easy access to an official of the public schools. The said visitors shall perform the duties hereinafter prescribed, and such other duties as the said Board may direct. The said Board may also appoint a supervisor of the heating, plumbing and *Note.— In reference to powers of Board of School Commissioners, see: School Commrs. of Balto. v. State Board of Education, 26 Md. 512. Weddle v. Board School Commrs., 94 Md. 334. 154 SUPERINTENDENT AND ASSISTANT. ^ schSi ventilation of school buildings, to be known as Supervis- ings. Qj. of School Buildings, who shall, in addition to the super- vision of school buildings in respect to their heating, plumbing and ventilating, perform such other duties as the Board may direct. Baltimore City v. Lyman, 92 Md. 611. SUPERINTENDENT AND ASSISTANT SUPERIN- TENDENTS OF PUBLIC INSTRUCTION. Their duties. 101. The duties of the Superintendent of Public Instruction and Assistant Superintendents of Public In- struction shall include the examination of teachers and / their nomination to the Board of School Commissioners for appointment or promotion, and the supervision of schools, and the study and suggestion of methods by which the public school system of the City of Baltimore may be maintained and improved. They shall hold regular meet- ings as a Board of Superintendents of Public Instruction and keep a record of the same, which shall be submitted to the Board of School Commissioners. For the work of standing com- suporvision and examination, standing committees shall be mittees. designated by the Superintendent of Public Instruction annually. Of every such committee, the Superintendent of Public Instruction or the First Assistant Superintendent of Public Instruction, or both, shall be members ex officio, and the number of additional members shall be determined from time to time, as circumstances may require. Every school shall be visited at frequent intervals by the Super- intendent of Public Instruction or one of the Assistant ^?ch?ois. Superintendents of Public Instruction, and written reports on its condition shall be filed in the office of the Superin- tendent of Public Instruction, with such recommendations as circumstances may call for. It shall be the duty of the Superintendent of Public Instruction and his Assistants, to devote their services exclusively to the public schools under such regulations as the Board of School Commis- sioners may prescribe. It shall be the duties of the said Superintendent of Public Instruction, with the aid of the Supervisor of School Buildings, to ascertain the sanitary SUPERINTENDENTS OF PUBLIC INSTRUCTION. 155 condition of every school, and to report to the proper authorities what repairs or improvements are necessary. It shall be the duty of the Superintendent of Public Candidates for Instruction and his Assistants, as examiners, to ascertain, b?e$a^ined by appropriate committees, appointed as hereinbefore provided, the training, knowledge, aptness for teaching, and character of every future candidate for the place of a teacher, and to report to the Board of School Commission- ers graded lists of those whom they deem qualified for appointment, from which graded lists all nominations of teachers shall be made by the Superintendent of Public Instruction and his Assistants to the Board of School Commissioners. All such nominations of teachers shall be made in the order in which the names of the nominees appear upon such graded lists. In the preparation of these graded lists, the Superintendent of Public Instruction and his Assistants shall ascertain by competitive examinations the relative qualifications of those candidates who desire appointment, and shall place the names of the accepted candidates upon said graded lists in the order of their rela- tive qualifications, so ascertained by such competitive examination. It shall be their duty to advise the Board of School Commissioners whenever called upon, or whenever they think it important, in respect to the course of studies, text-books or methods of instruction. Whenever the Superintendent of Public Instruction and his Assistants are in doubt what course to pursue, they shall ask instruc- tions from the Board of School Commissioners, to whom they may present a majority and minority report, and the decision of the Board of School Commissioners shall be final. The Superintendent of Public Instruction and his Assistants shall perform such other duties as may be pre- scribed by order of the Board of School Commissioners not inconsistent with this Article. Baltimore City v. Lyman, 92 Md. 591. 102 . It shall be the duty of School Visitors, hereinbe- fore provided for, to visit the schools to which they are assigned, and to report upon their condition at least once in every quarter, and oftener if they think it desirable. 156 DEPARTMENT OF CHARITIES AND CORRECTIONS. In case of an emergency requiring attention, they shall immediately notify the Superintendent of Public Instruc- tion. The said School Visitors may be called together by the Board of School Commissioners or the Superintendent of Public Instruction whenever the interests of the schools require it, or whenever it is thought important for the office of a visitor to be defined, the organization of the school system to be considered and the characteristics of a good school to be clearly stated to them. They shall per- form such other duties as the Board of School Commis- sioners may prescribe, not inconsistent with this Article. DEPARTMENT OF CHARITIES AND CORRECTIONS. Department. 103. There shall be a Department of Charities and Corrections of the Mayor and City Council of Baltimore, which shall consist of the Supervisors of City Charities and the Visitors to the City Jail. The head of the Depart- ment of Charities and Corrections shall be a Board of Charities and Corrections composed of the President and one other of the Supervisors of City Charities, the Presi- dent and one other of the Visitors to the City Jail, and the Mayor ex officio. The Supervisors of City Charities and su^enj^ors^of the Visitors to the City Jail shall each designate their ^^P^^Gsentative member. The President of the Supervisors City Jail to of City Charities shall be President of the Board of Chari- compose De- partment. ties and Corrections* This Board shall be for consultation and advice, but it shall have no power to direct or control the duties or work of any sub-department under this department. It shall perform such other duties as may be required of it by ordinances not inconsistent with this Article. SUPERVISORS OF CITY CHARITIES. To be head^of 1Q4. The Supervisors of City Charities shall be the first partment; ap- sub-department of Charities and Corrections, and the head pointment of ^ Board. Qf this sub-department shall be a board composed of nine persons, appointed by the Mayor as provided in section 25 of this Article, who shall be removable as therein provided. Their term of office shall be for six years, three of them SUPERVISORS OF CITY CHARITIES. 157 to retire at the end of every two years ; except that the Supervisors first appointed shall determine by lot their terms of ofRce, so as to provide for the termination of the term of three Supervisors each at the end of the first two and four years. The said Supervisors shall have been citizens of Maryland for at least five years, and residents of the City of Baltimore for at least one year prior to their nomination. The Mayor, in the appointment of said Supervisors, shall designate one of their number as Presi- president, dent, and the Supervisor shall elect a Secretary, who shall be paid a salary of one thousand five hundred dollars per annum, payable monthly, and shall discharge such duties as the Supervisors shall prescribe. The said Supervisors shall serve without pay. They shall be appointed by the Qualifications Mayor from among those whom he deems, by reason of their intelligence, experience and character, to be most capable of caring for the poor, economically, intelligently and humanely. In the selection of said Supervisors and in their action, in matters relating to the duties imposed upon them by law or ordinance, ecclesiastical or party ties shall not be regarded, so that the care of the poor may be entirely out of the field of political or religious differences and controversies. The duty of said supervisors shall be xheir duties, to determine what sick, insane or other destitute persons are proper charges on the City, and to provide for the proper care of such persons, in so far as money may be appropriated for that purpose by the City. The supervis- ors shall have the power to appoint and fix the compensa- ^ tion of such officials and subordinate employees as they and”?ompen- may deem necessary for the proper conduct of the business ^dhTafisr^ entrusted to them, not to exceed in number of employees or aggregate amount in compensation the limit fixed by ordi- nance. The Supervisors shall report annually to the City Annual report, upon all departments of their work, including the work of those institutions with which the City has contracted for the care of any poor persons, and they shall perform all the duties heretofore performed by the Trustees of the Poor unless otherwise provided in this Article. 158 SUPERVISORS OF CITY CHARITIES. All appropriations by the Mayor and City Council ^pporTo?in- Baltimore for the treatment, care or support of the in- digent poor in institutions not owned by the City, or for be^y’ con- dispensary treatment shall be by contract, in which the city shall agree to pay so much per capita for persons placed, treated or prescribed for in such institutions or dispensaries so contracting with the City, and in no case shall a gross sum be paid to any such institution or dis- pensary. Every such contract shall contain a stipulation that the City shall incur no obligation therefrom for any amount not provided for or in excess of the appropriation made for the fiscal year in carrying out such contract. No public moneys shall be paid to any institution or dis- pensary for the treatment, care or support of any person until the said Supervisors have determined and certified in writing that such person is a proper subject of municipal aid.* No appropria- 106. No appropriation shall be made or money expend- tenance out- ' ed for the maintenance, outside of the Almshouse or other hous?, except City home, of any adult poor person or persons, except the sick, insane or other special classes requiring special treat- ment, or homeless persons requiring temporary care only ; provided, the City has adequate accommodations at the Almshouse or other City home. All poor persons who, in the judgment of said Supervisors, require special care or treatment outside of a City institution, may be placed by said Supervisors in any institution or institutions with which the City has contracted for such care or treatment, which they, in the exercise of their judgment, after care- ful inspection and inquiry, shall deem best fitted to give the necessary care and treatment.** *Note. — I n connection with appropriations b}'- the Ma\’or and Citj Council of Baltimore for treatment, care or support of indigent poor, in institutions not owned by the city, see, St. Mary’s Indus. School v. Brown, 45 Md. 334. **Note:. — I n connection with section 106, see provisions of Act 1906, chapter 32 which re-enacts Article 4 of the Public General Laws of: Maryland. SUPERVISION OVER CHILDREN. 159 107 . The Mayor and City Council of Baltimore, through the said Supervisors, shall have care and supervision over such children as shall be committed to or placed in those institutions with which the City may have contracted and as shall have been duly accepted by said Supervisors as proper charges on the City. Said Supervisors shall have power to remove any child from any such institution to which he or she has been committed or placed, and to place said child in any other such institution, when it is apparent to the Supervisors that from improper treatment or for other good cause, the welfare of the child requires such removal. No such child shall be discharged from the institution to which he or she shall have been committed or placed (unless by direction of a court of competent jurisdiction), or be transferred to any other institution, or to the care of any individual, without the approval and consent of the said Supervisors. It shall be the duty of the Supervisors, as far as is pi’acticable, to place all desti- tute or neglected children who are under their care or in their charge, in some institution or home for children, or, without payment of board in some respectable family in the State of Maryland, and to have the children visited, and their circumstances carefully examined at least once in every six months by one of the Supervisors or by a skilled agent or agents appointed by them for the purpose. On the preliminary question of the commitment of any destitute or neglected child, said Supervisors, or their agent, shall be summoned by the committing officer and heard as to whether the parent or guardian of the child to be committed is entitled to the aid of the City, and if on return of the summons of the said Supervisors, or their agent, further time is required by them, or him, to make inquiry as to the pecuniary ability of said parent or guar- dian further time, not exceeding twenty-four hours, shall be given. The wish and request of the parent or guardian as to the place of commitment shall be respected, unless good cause to the contrary be shown by the Supervisors. The Supervisors of City Charities shall have power to place foundlings in any proper institution with which the City has a contract. The Supervi- sors shall have care of poor of City. Their powers in relation to destitute or neglected children. Commitments to institu- tions. Foundlings. 160 SUPERVISORS OF CITY CHARITIES. P. L. L., (1860) Art. 4, Sec. 42. P. L. L., (1888) Art. 4, Sec. 39. Who may be 108 . The Supervisors may admit into the Almshouse Almshouse. and receive under their care, in addition to those paupers which the laws of this State authorize and require, such indigent or distressed persons as in their opinion the dictates of humanity or particular circumstances render proper or necessary. In cases of emergency any Super- visor may direct the admission of any destitute, indigent or distressed person to the Almshouse. P. Iv. E., (1860) Art. 4, Sec. 43. P. L. E., (1888) Art. 4, Sec. 40. ^m?iitandem- The Supervisops shall prescribe, provide for, and direct all matters relating to the support, treatment and employment of all paupers, vagrants and other persons in the Almshouse, or any other place under their care and charge. P. E. E., (I860) Art. 4, Sec. 44. P. E. E., (1888) Art. 4, Sec. 41. Supervisors 110 . The Supervisors shall procure, or erect and use necessary all such machinery, materials and implements as they shall machinery, propep OP necessapy for any purpose connected with their duties or the exercise of the powers vested in them. P. E. E., (I860) Art. 4, Sec. 57. P. E. E., (1888) Art. 4, Sec. 53. Meetings of 111 . The Supervisors shall meet at the Almshouse five Supervisors. year, to wit; in the first week of February, April, June, October and December, or oftener, if they shall deem it necessary; and shall make by a majority of votes of such as may be present, all such good and whole- some rules and by-laws as they may think necessary and convenient for the maintenance and employment of the inmates of said Almshouse. P. E. E., (I860) Art. 4, Sec. 58. 1862, ch. 279. P. E. E., (1888) Art. 4, Sec. 54. orrectionof Upou complaiut made to the Supervisors by the Superintendent of said Almshouse, and due proof thereof, that any pauper in said Almshouse has behaved [in a dis- orderly manner, or has neglected to obey and keep any of SUPERINTENDENT OF ALMSHOUSE. 161 the rules and by-laws, the Supervisors may order and direct such moderate and proper correction for any such offence as the nature of the case may require. SUPERINTENDENT OF ALMSHOUSE. P. L. L., (I860) Art. 4, Secs. 49, 51. P. L. L., (1888) Art. 4, Secs. 46, 47. 113. The Supervisors shall meet at the Almshouse on Superinten- the first Monday of April, yearly, and appoint a Superin- porntmentoL tendent of said Almshouse, who shall receive a salary of one thousand six hundred dollars per annum, payable monthly. They shall require such superintendent to enter into bond with sufficient security, payable to the Mayor and City Council of Baltimore, in the penalty of five hun- Bond of. dred dollars, for the faithful performance of the duties of his office. P. L. L., (1860) Art. 4, Sec. 52. P. L. L., (1888) Art. 4, Sec. 48. 114. In Addition to such other duties as the Super- visors may prescribe, the Superintendent shall keep a regular list of all poor, beggars vagrants, vagabonds and offenders who shall be committed to said Almshouse, and also regulate accounts, in writing, of all materials and other things which may come to his hands, and of all ex- penses and charges attending their maintenance and sup- port, and of all moneys received by him for the sale of the produce of their labor, and otherwise, as Superintendent, and shall lay the same before the Supervisors annually and whenever required. Purveyor of Provisions. P. L. L., (1860) Art. 4, Sec. 46. P. L. L., (1888) Art. 4, Sec. 43. 115. The Supervisors may appoint a Purveyor of Pro- Appointment visions to said Almshouse, and fix his salary at a sum not to exceed fifteen hundred dollars per annum. It shall be the duty of said Purveyor to provide and furnish provi- sions to said Almshouse under the directions of said Su- pervisors, to whom he shall annually return a statement or account of his receipts and expenditures, to be examined and passed at their discretion. 162 VISITORS OF THE JAIL. P. L. L., (I860) Art. 4, Sec. 47. P. L. L., (1888) Art. 4, Sec. 44. 116 . The Supervisors shall require the said Purveyor to give bond and security to be approved by them, and in such penalty as they shall direct, conditioned for the faith- ful performance of the trusts reposed in him, and upon failure to comply with the conditions thereof, they may direct said bonds to be put in suit, and any sum of money recovered in such suits shall be applied to the use of said Almshouse. 117 . None of the foregoing provisions in sections 104 to 116 inclusive, shall apply to offenders, juvenile or adult. VISITORS OF THE JAIL. 1826, ch. 224. 1831, ch. 58. 1868, ch. 3. P. L. L., (1888) Art. 4, Sec. 535. 118 . The Visitors of the Jail shall be the second sub- department of Charities and Corrections, and the head of this sub-department shall be a board consisting of nine persons, appointed by the Mayor in the manner prescribed in section 25 of this Article, who shall hold their offices as therein provided. They shall serve without pay. One of their number shall be designated by the Mayor, who shall be President of said Visitors, and the said Visitors shall elect from their number a Secretary. The Visitors to the Duties: to have Jail shall have charge and control, supervision and regula- formatSrJ,^' tion, of the Baltimore City Jail and all reformatory, crim- pe^^HnUttlf- inal and penal institutions belonging to the City. They tions. shall also have supervision over those persons committed to the criminal, penal and reformatory institutions with which the Mayor and City Council of Baltimore have con- tracts. The Visitors to the Jail shall have the power to pass rules and regulations for their own government and for the government of the Baltimore City Jail and the aforesaid institutions belonging to the City, not inconsistent with this Article, and shall perform such other duties as may be required of them by ordinances not inconsistent with this Article. Field V. Malster, 88 Md.. 691. Beasley v. Ridout, 94 Md. 675. (This case construes Acts of Assembl}'- relating to Visitors of the Jail.) offenders ex- cepted from foregoing- provisions. VISITORS TO THE JAIE. 163 P. L. L., (I860) Art. 4, Sec. 574. P. E. L., (1888) Art. 4, Sec. 541. 119. The said Visitors shall meet , on the first Tuesday Meetings of of every month or at such other times as they may direct; special meetings may be called at any time by the Presi- dent, or any two members, on giving three days’ notice in writing to the members. 1831, ch. 58. P. E. E., (1860) Art. 4, Sec. 575. P. E. L., (1888) Art. 4, Sec. 542. 120. The said Visitors shall have full power and author- ity, as often as they may deem it necessary, to visit the jail and the prisoners confined therein ; to make by-laws for the internal police and good government thereof, and for the preservation of the buildings and other property. 1898, ch. 412. § 1 20a. Whenever the Board of Visitors of the Baltimore to examine in^ City Jail may deem it necessary, they shall have full power to summon the State Lunacy Commission to examine and pass upon the mental condition of the convicts, and if the convict or convicts so examined be adjudged insane or lun- atic by said commission, or a majority thereof, and removal be deemed advisable, said commission shall make a complaint to the judge of the Criminal Court of the City of Baltimore, who shall have the power to order the removal of such insane or lunatic convict or convicts to the Bay View Asylum for treatment. P. E. E., (1860) Art. 4, Sec. 576. P E. E., (1888) Art. 4, Sec. 543. 121. The said Visitors shall regulate and provide the.^ diet of the prisoners, procure necessary bedding and oners^iS”city clothing for their use ; make such repairs, alterations and improvements in and about the jail as they may deem necessary, and provide medicine and attendance for such, of the prisoners as are sick. 1884, ch. 368. P. E. E., (1888) Art. 4, Sec. 544. 122. All persons confined in Baltimore City Jail, convicts to sentence of the Criminal Court of Baltimore, for offences punishable by confinement therein, or committed by any 164 VISITORS TO THE JAIL. Judge, Court, Justice of the Peace, or other lawful author- ity having jurisdiction to commit such person to said jail, either as a punishment for the violation of any law or ordinance, or under or by virtue of any law or ordinance, or for failure to pay any fine or costs imposed upon such person by any such Judge, Court, Justice of the Peace or other lawful authority, shall be kept by the Visitors to the Jail at hard labor in some useful employment. The said Visitors to the Jail shall frame such regulations as shall be necessary to the industry, quiet and discipline of such per- sons, and shall have them kept separate from persons in confinement awaiting trial, or for other causes. P. L. L., (I860) Art. 4. Sec. 578. P. L. L., (1888) Art. 4. Sec. 545. 123 . The said Visitors shall also require all vagrants confined in said jail to work and labor about the premises. P. L. Iv., (I860) Art. 4, Sec. 579. P. L. L., (1888) Art. 4, Sec. 546. other prison- 124 . The said Visitors may, with their consent, employ ’ other persons confined therein in such work and labor in and about the premises as may be consistent with their safe-keeping, and shall keep an account of the earnings of such persons, and shall, upon their discharge, allow them two-thirds of the net proceeds thereof, to be ascertained by the Visitors.** P. L. L., (1860) Art. 4, Sec. 580. P. L. L., (1888) Art. 4, Sec. 547. Book of ac- 125 . The said Visitors shall keep regular books of counts to e which the whole expenses of the jail, whether for supplies, salaries of officers, repairs or incidentals, shall be distinctly stated. **NoTE. — Section 1 of the Act of 1906, ch. 71, reads as follows : “Be it enacted by the General Assembly of Maryland that the Visitors of the Jail in Baltimore City, be and they are hereby unconditionally authorized and empowered to contract, upon such terms as to price or otherwise as they may deem expedient or proper, with any person or corporation, in their discretion, for the erection at the Baltimore City Jail of a workshop for its uses ; provided that the cost of erecting said workshop shall be paid for by the hire to the contractor, as now author- ized by law, and as fixed in amount or otherwise by the said visitors, in their discretion, of inmates of said Jail.’’ WARDEN OF JAIE. 165 Warden of Jail. 1826, ch. 224. 1831, ch. 58. P. E. E., (1860) Art. 4, Sec. 581. P. E. E., (1888) Art. 4, Sec. 548. 126. The said Visitors shall appoint a fit person as Appointment. Warden of the Baltimore City Jail. They shall allow the said Warden and his assistants and other employees and servants such compensation as in their judgment is proper, nates, not to exceed in the aggregate the amount appropriated by ordinance. The said Visitors shall at their will and pleas- ure remove the said Warden. P. E. E., (1860) Art. 4, Sec. 581. P. E. E., (1888) Art. 4, Sec. 548. 127. It shall be the duty of the Warden of the Balti- ^"^ks: re- sponsibility more City Jail to take charge of the prison and prisoners therein, and exercise, during his continuance in office, the same powers, and be subject to the same forfeitures, and be responsible for escapes in the same manner, and to the same extent, as sheriffs of the respective counties, and he shall perform such other duties as shall be required of him by said Visitors. 1826, ch. 224. 1831, ch. 58. P. E. E. (I860) Art. 4, Sec. 583. P. E. E., (1888) Art. 4, Sec. 550. 128. The said Warden, before he enters upon the he Bond, duties of his office shall give bond to the State with good security to be approved by the Visitors, in the penalty of ten thousand dollars, conditioned for the faithful perform- ance of his duty as Warden, and for the safe-keeping of all such persons as shall be committed by legal authority to the Baltimore City Jail, which bond shall be filed with the Comptroller. 1831, ch. 58. P. E. E., (1860) Art. 4, Sec. 584. P. E. E-, (1888) Art. 4, Sec. 551. 129. The said Warden shall also take and subscribe an oath, oath that he will duly and faithfully execute the duties and trusts, and exercise the powers committed to and vested in him as ^Warden of the Baltimore City Jail. 166 WARDEN OF JAIE. 1826, ch. 224, P. L. L., (1860) Art. 4, Sec. 585. P. L. L., (1888) Art. 4, Sec. 552. As^istan^s to 130 . The VisitoFS shall prescribe the number and duties of’ the assistants who may be necessary to be employed by said Warden, but the Warden shall have the appointment Duties, ap- and removal of such assistants, subject to the approval of compensa- the Visitors, and shall nx their compensation, not to exceed in the aggregate the amount appropriated by ordinance. 1826, ch. 224. P. L. L., (1860) Art. 4, Sec. 586. P. L. L., (1888) Art. 4, Sec. 553. Commitments. 131 . All commitments of prisoners to the Baltimore City Jail shall be directed to the Warden of said jail, whose duty it shall be to receive the prisoners from the officers having them in charge. 1826, ch. 224. 1831, ch. 58. P. L. L., (1860) Art. 4, Sec. 587. P. L. Iv., (1888) Art. 4, Sec. 554. Conducting 102. The Warden shall conduct all prisoners in his prisoners to ^ court. custody to and from the courts, when the said courts shall direct him to do so. 1831, ch. 58. P. Iv. Iv., (1860) Art. 4, Sec. 588. P. E. L., (1888) Art. 4, Sec. 555. To account for 133 . The Warden shall account with the Visitors for jail fees. all sums of money which he may collect from any source connected with the institution. 1831, ch. 58. P. E. E., (1860) Art. 4, Sec. 591. P. E. E , (1888) Art. 4, Sec. 558. Annual state- 134 . The VisitoFS shall annually, during the month of “gUt of Visit- January, make out and lay before the Mayor and City Council of Baltimore a full statement of all the public money received by them from the City Register or from any other source, and the manner in which it has been expended. P.E.E.,(1860) Art.4, Secs.592,593. P. E. E. , (1888) Art. 4 Secs. 559, 560. No liquor to be 136 . No spirituous OF malt liquoFS shall be disposed of, wUhfn j-aii. sold OF givon away within said jail, and any employee or CONVICTS. 167 servant of said jail disposing of, selling or giving away, or being concerned with others in the disposal, selling or giv- ing away of any spirituous or malt liquors as aforesaid to any person coming to said jail on a visit, or to any prisoner confined therein, or to any other person, except by order of the attending physician, shall forfeit and pay the sum of one hundred dollars, to be recovered by indictment, one- Penalty, half to go to the informer, and the other half to be applied to the use of the City. P.[Iv.L.,(1860)Art.4, Secs. 595, 596, P. L. L.,(1888) Art. 4, Secs. 561, 562. 136. If the Warden or his Assistants, or any employee Pehaity against or servant of said jail, shall introduce any such spirituous or malt liquors, or suffer them to be introduced as afore- said, knowing it to be contrary to law ; or shall permit any person (with the exception of the attorney of a person confined in said prison) to enter said jail without license, as herein provided, each and every one of them so offend- ing shall be suspended from his office and be incapable of holding any office or charge within said prison for the space of one year thereafter. P. L. L., (1860) Art. 4, Sec. 594. P. n, L., (1888) Art. 4, Sec. 563. 137. No person, except the attorney of a prisoner, visits to pris- shall be permitted to visit a prisoner within said jail or lot, unless by special license from the Warden, or some Judge, or other person legally authorized to give the same. P. L. Iv., (1860) Art. 4, Sec. 598. P. L. L., (1888) Art. 4, Secs. 564, 565. 138. All persons hereafter sentenced to be imprisoned prison fare, in said jail for offences by the Criminal Court of Baltimore shall be kept on prison fare, and not be allowed any other food or drink, unless by the written direction of the physi- cian of the jail. CONVICTS. 1880, ch. 4. P. h. L., (1888) Art. 4, Sec. 568. 139. All persons who shall hereafter be convicted of any offense punishable by confinement in said Baltimore 168 VAGRANTS. Reduction of sentence for good beha- vior. Separate con- finement. I^ist of, com- mitted by Justices of the Peace. City Jail, and confined in said Jail under a sentence for a longer period than two calendar months, shall each have a deduction from their several terms of sentence of five days for each and every calendar month during which no charge of misconduct shall have been sustained against them, and they shall be discharged at the expiration of their respective terms of sentence, less the time so deduct- ed, and a certificate of the Warden of said jail of such deduction shall be entered on the warrant of commitment; provided, that if, during the term of imprisonment, the prisoner shall commit any act of insubordination or other violation of discipline, the Visitors to the Jail may, at their discretion, reduce and annul entirely such deductions. P. L. Iv., (I860) Art. 4, Sec. 159. ' P. L. L., (1888) Art. 4, Sec. 569. 140 . All persons confined in said jail under the provi- sions of the preceding section shall be kept separate from such persons as are in confinement for offenses other than those referred to in the preceding section, or who may be awaiting trial. VAGRANTS. 1862, ch. 8. P. L. L., (1888) Art. 4, Sec. 570. 141 . The Warden of the Baltimore City Jail shall pre- pare and send to the Judge of the Criminal Court of Baltimore, on each and every Saturday, a full and com- plete list of the names of all persons who are committed to his custody by the Justices of the Peace of said City, either as vagrants or in default of security to keep the peace ; and the Judge of the said Court shall have full power to review the said commitments ; and upon examination of the various cases so reported to him by the Warden of the Jail as aforesaid, he shall discharge or recommit the said parties for a term not to exceed six months, as in his dis- cretion may be most conducive to the preservation of public peace and order. The Justices of the Peace of the City of Baltimore are prohibited from charging costs in the cases above named, unless the parties are recommitted by order of the Judge of said Court. Costs. VAGRANTS. 169 1880, ch. 51. P. h. Iv., (1888) Art. 4. Sec. 571. 142. When any person arrested in the City of Baltimore co^s^ts^charge- shall be held in custody until such person can give security to keep the peace, or shall be committed to jail or the House of Correction in default of such security, such per- peace, son shall be chargeable with and shall pay all costs pre- scribed by the laws of this State for such arrest, commit- ment, or giving security to keep the peace, and in default of the payment thereof shall be committed to jail until such costs and the costs of his release shall be paid, or until thence discharged by due course of law ; and said costs shall be accounted for and paid over by said respect- ive Justices of the Peace so sitting at the respective station houses in the manner in which all costs paid to such X - 1 • Costs, how ac- Justices of the Peace so respectively sitting at such station counted for. houses in the City of Baltimore, are now or may hereafter be required by law to be accounted for and paid over. 1886, ch. 373. P. L. Iv., (1888) Art. 4, Sec. 572. 143. Whenever any person has been committed to f he Tran^fers^o Baltimore City Jail on the charge of drunkenness or dis- orderly conduct, and he is deemed by the physician in charge of said jail a proper subject for the Almshouse, the Visitors to the Jail shall have power to transfer said person to said Almshouse. 1886, ch. 373. P. L. L., (1888) Art. 4, Sec. 573. 144. Whenever any person has been committed to the prisoners af- Baltimore City Jail on the charge of drunkenness or dis- ea.se or be- orderly conduct who is affected with any form of disease saiTel”^ that in the judgment of the physician of said jail would require a longer time than the term of sentence to cure, or in any case where the accommodation, comfort, care and nursing cannot be furnished by the said jail, or in case of any person who may be insane at the time of committal, or become insane during the term for which committed, the said Visitors to the Jail shall have the power to release and send such person to his or her home, or to some in- firmary, hospital or to the Almshouse, where provision 170 DEPARTMENT OF REVIEW AND ASSESSMENT. has been made by the City of Baltimore for the reception of such cases. M. & C. C. of Baltimore v Keeley Institute, 81 Md. 106. DEPARTMENT OF REVIEW AND ASSESSMENT. ^°iSSa?tmen? There shall be a Department of Review and As- sessment of the Mayor and City Council of Baltimore, composed of the Appeal Tax Court and the Commissioners for Opening Streets. The head of this department shall be the Board of Review and Assessment, to consist of the President of the Appeal Tax Court, the President of the Commissioners for Opening Streets, and the Mayor ex- officio. The President of the said Court shall be the Pres- its head. ident of the Board of Review and Assessment. This Board shall be for consultation and advice, but it shall have no Duties and. powor to diroct or control either sub-dopartmont. It shall power. perform such duties as may be prescribed by ordinances not inconsistent with this Article. Appeal Tax Court. 1874, ch. 483. 1888, ch. 98, Sec.22. P. L. Iv., (1888) Art. 4, Sec. 842. Members, and 146 . The Appeal Tax Court shall be the first sub-de- their ap- pointment. partmeut of Review and Assessment, and its head shall be a bench composed of three members, appointed by the Mayor in the manner prescribed in section 25 of this Arti- cle, and removable as therein provided. One of their number shall be President, and shall be so designated when Term of office, appointed by the Mayor. Their term of office shall be for three years, one member to retire every year ; except that the members of the Court first appointed shall determine by lot their terms of office, so as to provide for the termi- nation of the term of one member each at the end of the first and second years. Each member of said Court shall Salaries. rocoivo a Salary of two thousand dollars per annum, pay- able monthly. The said Court shall appoint a Clerk, who shall receive a salary of one thousand six hundred dollars per annum, payable monthly, and shall perform such duties APPEAL TAX COURT. 171 as the Court may prescribe. The said Court may also appoint such other employees as the City by ordinance may direct. Baltimore Cit}^ v. Johnson, 96 Md. 742. Joesting v. Baltimore City, 97 Md. 596. 1874, ch. 483. 1888, cli. 98, Sec. 22 P. L. L., (1888) Art. 4, Sec. 842. 147. The said Court shall meet from time to time to hear ap- for the purpose of hearing appeals and making trans- transfers and fers and correcting the accounts of assessable property Lsessments. charged to taxpayers, and the assessment thereof. The said Court may also appoint such number of assessors as they may deem necessary in investigating and ascertaining all omitted and taxable property, and assessing and returning the same to the said Court, not to exceed such number as by ordinance may be authorized, t Robinson v. Baltimore, 93 Md. 208. 1841, ch. 23, Sec. 43. 1841, ch. 116. 1847, ch. 266, Sec. 16. P. G. L., (1860) Art. 81, Sec. 7. 1874, ch. 483, Sec. 5. P. G. L., (1888) Art. 81, Sec. 6. 1894, ch. 165. P. G. L., (1904) Art. 81, Sec. 7. 148. Every assessor provided for in this sub-division of Assessors^ this Article shall annually inform himself, by all lawful assess prop- means, of all property, real and personal, and stocks or investments in the City, liable to taxation or assessment, and which may have been omitted in the assessment, and all buildings and improvements, and all property created or acquired since the last assessment, and shall value the same at the full cash value thereof, and shall make return to make re- ^ thereof to said Court, and for the purposes of this section the said assessors are hereby clothed with the powers of *Note. — The Appeal Tax Court cannot be required to sit as a Court of review. Consol. Gas Co. v. Baltimore, 101 Md. 541. t Many of the provisions of this Article relating to assessments have been embodied from Art. 50, City Code (1893). 172 APPEAL TAX COURT. general assessors, and their valuation shall be subject to revision and correction by said Court, t *0’Neal V. Va. & Md. Bridge Co., 18 Md. 24. Co. Commr’s v. Union Mining Co., 61 Md. 547. Hopkins v. Baker, 78 Md. 363. Hopkins v. Van Wyck, 80 Md. 7. *Skinner Dry Dock Co. v. Balto. City, 96 Md. 40. *Consol. Gas Co. v. Baltimore City, 101 Md. 541. 1841, ch. 266, Sec. 16. P. G. U., (1860) Art. 81, Sec. 8. 1874, ch. 483, Sec. 6. P. G. U., (1888) Art. 81, Sec. 7. P. G. D., (1904) Art. 81, Sec. 8. Their compen- 140 . The assessors shall be allowed such compensation sation. for the performance of their duties as the City may by ordinance direct. 1880, ch. 230. P. L. U., (1888) Art. 4, Sec. 843. ^ Before increasing the assessment of any property creasing as- which has been theretofore assessed, or adding any new addmg new property not valued and returned to them by the proper assessor, it shall be the duty of the said Court, as the case may be, to notify the owner of such property by written or printed summons, containing such interrogatories in regard to the property as they may require to be answered on oath, and appointing a certain day for such owner to answer such interrogatories, either orally or in writing, and to make such statement, or present such proof as he may desire in the premises ; and such notice shall be served on such owner or left at his place of abode at least five To notify days before the day of hearing appointed in such summons, rogatories. Such owner may answer the interrogatories contained in such summons, and may appear on such return day and answer the same under oath, orally, before said Court, and may present such testimony as he may desire and said Court may think necessary and proper to be heard. In fixing assess- case such owner, after being summoned, shall fail to answer in writing on oath, or to appear and answer orally such interrogatories, such Court, after such return day has fNoTE. — The life tenant is responsible for taxes. Stansbury v. Niclioll, Daily Record, August 2, 1901. APPEAI, TAX COURT. 173 passed, may proceed to re- value and re-assess said prop- erty, or add such new property, according to its best judg- ment and information in the premises ; but no such re-val- uation and re-assessment shall be made by such Court with- out giving such notice ; provided, that nothing in this section shall be construed to apply to the valuation and assessment of new improvements or new property dis- covered and assessed and returned to the said Court by the proper assessor whose duty it is to assess and return the same. Co. Comm’rs v. Union Mining Co., 61 Md. 546. Alleghany Co. v. N. Y. Mining Co., 76 Md. 556. Baltimore Co. v. Winand, 77 Md. 524. Hopkins v. Van Wyck, 80 Md. 15, 17. Myers v. Baltimore Co., 83 Md. 393. Balto. C. & A. R. R. Co. v. Wicomico Co., 93 Md. 113. Gittings V. Mayor, 95 Md. 419. Skinner Dry Dock Co. v. Baltimore, 96 Md. 40. Baltimore City v. Poole, 97 Md. 70. 1844, ch. 234, Sec. 2. P. G. D., (1860) Art. 81, Sec. 98. 1874, ch. 483. P. G. L., (1888) Art. 81, Sec. 89. P. L. D., (1888) Art. 4, Sec. 846. P. G. L., (1904) Art. 81, Sec. 104. 151 . The City Register shall on each first day of May, of July and September make out and deliver to the said Court a full and accurate list of the holders of all loans of the City, the interest of which is payable on such respective dates. * *Note. — Sec. 160 of Art. 81, Public General Daws, Code 1904, as re- enacted by Act 1906, ch. 467, reads as follows : 160. An}' corporation having a capital stock divided into shares and owning as an investment of part of its capital any of the stock debt of this State upon which the State Tax has been deducted by the Treasurer, or of the stock debt of the City of Baltimore on which the State Taxes have been paid or are payable by said City, or shares in any bank or other cor- poration of this State upon which the State and County or City taxes are levied and paid, or are payable by such bank or other corporation, may report the same in detail under the oath of the President, Cashier, Treasurer or other proper officer to the State Tax Commissioner, and the amount of such stock debt or debts, or the assessed value of such capital stock so owned, and upon which such taxes are paid or payable as afore- said, shall be allowed as a credit in the settlement of the taxes on the shares of capital stock of such corporation .so owning the .same; and any corporation not having capital stock divided into shares, and owning as an investment of part of its assets any of the stock debt of this State 174 APPEAI. TAX COURT. Court to ex- amine and correct lists. Payment of State tax or such loans. 1844, ch 234, Sec. 3. P.G. L., (1860) Art. 81, Sec. 99. 1874, cli. 483. P. G. Iv., (1888,) Art. 81, Sec. 90. P. L. T., (1888) Art. 4, Sec. 847. P. G. L., (1904) Art. 81, Sec. 105. 152. The said Court shall in each year carefully examine the said lists and correct the same by striking therefrom all the holders of said stock who may be exempt from tax- ation on said stock, and shall, on or before the first day of September, annually deliver one copy of the said list, as corrected by them, to the City Register, and one copy thereof to the State Comptroller, setting forth distinctly in said copies the assessed value of the stock mentioned therein. 1844, ch. 234, Sec. 4. P. G. L., (I860,) Art. 81, Sec. 100. 1874, ch. 483, Sec. 92. P.G. Iv., (1888) Art. 81, Sec. 91. P. L. T., (1888) Art. 4, Sec. 848. P. G. T., (1904) Art. 81, Sec. 106. 153. The City Register shall retain from the interest paid on the several City loans to the holders thereof, in- cluded in the said corrected list returned to him by the said Court, the State tax imposed for the current year on such loans by the Code of Public General Laws. He shall make such deductions from the installments of interest payable respectively on the first days of May, July and September, and he shall, as soon as practicable after the first day of September of each year, pay over such State tax to the State Comptroller. upon which the State tax has been deducted by the Treasurer, or of the stock debt of the City of Baltimore on which the State taxes have been paid or are payable by said City, or shares of the capital stock of any bank or other corporation of this State, upon which the State and County or Cit}- taxes are levied and paid, or are payable by such bank or other corporation, may report the same in detail, under the oath of its Presi- dent, Cashier, Treasurer or other proper officer to the State Tax Commis- sioner, and the amount, of such stock debt or debts, or the assessed value of such shares of capital stock so owned, and upon which such taxes have been paid or are payable as aforesaid, shall be allowed as a credit in the settlement of the taxes on the assets of such corporation so owning the same; but no credit shall be allowed to any such corpora- tions by reason of any investments on which the taxes are not paid or payable as aforesaid, nor b}^ reason of the ownership by said corporation or corporations of the stock debt of the City of Baltimore that shall be APPEAL TAX COURT. 175 1844, ch. 134, Sec. 5. P. G. L., (1860) Art. 81, Sec- 101. 1874, ch. 483, Sec. 93. P. G. L., (1888) Art. 81, Sec. 92. P. L. L., (1888) Art. 4, Sec. 849. P. G. L., (1904) Art. 81, Sec. 107. 154 . If the City Register shall at any time fail to make court to make out and deliver to the said Court the lists of holders of the city Register said stock loans as herein required, it shall be the duty of the said Court to ascertain in such manner as they may deem most accurate the amount of said stock loans of the City of Baltimore outstanding on the first day of May, July and September in the year in which such failure or refusal shall take place, and on or before the first day of Septem- ber in said year make and deliver one copy of a statement certified by them, showing the amount of said stock so ascertained by them, and its assessed value, to the City Register, and one copy thereof to the State Comptroller ; and the City Register shall thereupon pay the tax afore- said, which he is in section 153 of this Article directed to city Register deduct from the interest payable on said loans ; but the City taJ“ ° Register shall not be required to set apart and pay over the said tax on any part of said stock loans which he may satisfy the State Comptroller by a certificate to that effect signed by the said Court, or by other satisfactory evidence, was held on the first day of May, July and September in the year for which the tax may become due, and by any person entitled under the laws of this State to hold the same free from taxation. hereafter issued under the loans authorized by Chapters 274, 338 and 349 of the Acts of the General Assembly of Maryland for 1904, known as the Annex, Park Extensions and Sewer Loans, respectively, or under any other loans that may be hereafter authorized by the General Assembly of Maryland, provided, however, that a credit shall be allowed to any such corporation by reason of its ownership of Baltimore City Burnt Dis- trict Loan Stock, issued under Chapter 468 of the Acts of 1904, the Water Loan issued under Chapter 333 of the Acts 1902, and the Conduit Loan issued under Chapter 246 of the Acts of 1902, whether heretofore or hereafter issued ; nor shall such credits be allowed in any case where the officer making such return for such corporation shall fail to state in such return that said investments are owned by the corporation of which he is such officer, and are not held by such corporation as a security for any loan, or as a collateral security for any payment, or other purpose. 176 APPEAL tax court. 1844, ch. 234, Sec. 6. P. G. L., (1860) Art. 81, Sec. 102. 1874, ch. 483, Sec. 94. P. G. L., (1888) Art. 81, Sec. 93. P. L. L., (1888) Art. 4, Sec. 850. 1892, ch. 567. P. G. L., 1904, Art. 81, Sec. 108. ^oTcourffo? Each member of the said Court shall receive fifty this work, dollars, annually, for the services required in the three pre- ceding sections ; and the City Register, the sum of three hundred dollars for the services therein required of him ; the said sums to be paid by the Treasurer on the warrant of the State Comptroller in pursuance of Article 81, section 108, of the Code of Public General Laws. 1906, ch. 84. P. G. L., (1904) Art. 81, Sec. 138. ^hoide?rt?be The president or other proper officer of the furnished by banks. State and National, and other incorporated institu- incorporated . . , , . , institutions, tions in the several counties, the City of Baltimore and other incorporated towns of Maryland, shall annually on or before the first day of March, furnish to the County Commissioners of each County or the Appeal Tax Court of Baltimore City and the City Clerk of each city, town or village incorporated in the State of Maryland, in which any of its stockholders may reside, a list of the said stockholders, so far as their place of residence may be known to such officer, together with the number of shares of stock held What list shall by each. Said list shall show the stockholders of such banks and other incorporated institutions as they stand on the first day of January preceding, together with their residences and the number of shares held by each on said date, and the tax- able value of such respective shares of stock, ascertained as Assessment of hereinafter provided, shall for county and municipal pur- such stock. 1 1 poses be valued to the owners thereof m the manner hereinafter as of the preceding first day of January of each year, and taxes thereon shall be collected for such banks and other incorporated institutions in the manner herein- penaity for after provided as of said first day of January. In case the Ssuchifit P^^sident or other proper officer of said bank or other cor- poration fail or refuse to furnish a statement as herein required to the County Commissioners or Appeal Tax Court APPEAI, TAX COURT. 177 or City Clerk aforesaid, on or before the day hereinbefore specified for that purpose, then for each day that shall thereafter elapse until the said statement shall be furnished, the said bank or other corporation shall pay to the County Commissioners, or Mayor and City Council of Baltimore, or other municipal corporation, as the case may be, the sum of one hundred dollars, and for the valuation and effectual collection of taxes assessed on the stock of banks or other . Till 'iiii • stock incorporated institutions, held by non-residents, the presi- dent or other proper officer of the corporation shall annually on or before the first day of March make out and deliver to the County Commissioners of the County or the Appeal Tax Court or City Clerk of the municipal corpora- tion where said corporation is situate, an account of the number of shares of stock in such corporation held by per- sons not residents of this State as of the first day of January preceding, and the same shall be valued at its actual cash value, to and in the name of such stockholders respectively as of said first day of January preceding ; but the tax assessed on such stock shall be levied and collected from aSessmeSL said corporation, and may be charged to the account of stoS!^^ such non-resident stockholders in the said corporation, and shall be a lien on the stocks therein held by such stockholders, respectively, until paid, and in no case shall the stock of any corporation, in the aggregate, be valued at less than the full value of the real estate and chattels, ation.° real or personal, held by or belonging to such corporation in the several counties and city of Baltimore, whether the shares of said stock are quoted on the market or not ; in case of failure or refusal to comply with this requirement, the said bank or other incorporated institution shall be . Penalty. liable to the penalty hereinbefore prescribed, and the president and cashier or treasurer of any such bank or other incorporated institution failing to comply in every respect with the provisions of this section shall be liable to indictment therefor, and on conviction shall be fined not less than five hundred dollars not more than five thousand dollars, in the discretion of the Court, and shall stand committed until such fine is paid. 178 APPEAL TAX COURT. 1843, ch. 208, Sec. 17. 1847, cli. 266, Sec. 15. P. G. L., (1860) Art. 81, Sec. 18. 1874, ch, 483, Sec. 16. P. G. L., (1888) Art. 81, Sec. 17. P. G. L., (1904) Art. 81, Sec. 15. “coun when Whenever any pepsoH shall make application for aiienldSs^s allowanco or deduction on account of the sale, transfer, asked for. alienation, loss or removal of any property, or the collec- tion or payment of any public or private security for money, the said Court shall interrogate him on oath in reference thereto, and the disposal of the same, and especially inquire of him to whom the same has been sold or transferred, and the amount of the purchase money or the money collected, and how the same has been invested. Skinner & Sons Co. v. Baltimore City, 96 Md. 32. 1847, ch. 266, Sec. 15. P. G. L., (I860) Art. 81, Sec. 19. 1874, ch. 483, Sec. 17. P. G. L., (1888) Art. 81, Sec. 18. P. G. L., (1904) Art. 81. Sec. 16. i«ten-ogato- 157 . The said Court shall also interrogate the said person on oath in reference to any acquisitions or invest- ments made by him, and not already assessed, and the amount of all such acquisitions and investments shall be added to his assessable property, and if he refuses to answer, no allowance or deduction shall be made ; they shall also have power to summon before them any person whom they may know or be credibly informed has ac- ^ pTSd^rt of property, or whose account of taxable property in such jYiay, in their judgment, require revision and correction, and examine such person on oath touching the same ; and any person so summoned, and refusing to appear, and any person refusing to be sworn, or to answer touching said amount or touching his or her property, shall be liable to prosecution therefor, and, upon conviction, shall be fined not exceeding fifty dollars for each offence, to be collected as other fines are collected. *Co. Comm’rs v. Winand, 77 Md. 524. Hopkins v. Van Wyck, 80 Md. 15, 17. Skinner & Sons Co. v. Baltimore, 96 Md, 32. APPKAIv TAX COURT. 179 1841, ch. 23, Sec. 41. P. G. P., (I860) Art. 81, Sec. 20. 1874, ch. 483, Sec. 18. P. G. P., (1888) Art. 81, Sec. 19. P. G. ly., (1904) Art. 81, Sec. 19. 158. Any person who shall remove to the City of Bal- persons re-^ timore from any County or City in which his property has been assessed, and whose personal property has not been assessed in the City of Baltimore, or any person whose property or some part thereof, has not been assessed, shall, when required by said Court, give to said Court a full and particular account of his personal property in the County or City from which he has removed, and of all the personal property in his possession or under his care and manage- ment, liable to be assessed, and which before that time shall not have been assessed in the City of Baltimore, and the name of the person to whom it belongs. Hopkins v. Van Wyck, 80 Md. 15, 17. 1841, ch. 23, Secs. 14, 41, 42. P. G. L., (1860) Art. 81, Sec. 21. 1874, ch. 483, Sec. 19. P. G. P., (1888) Art. 81, Sec. 20. P. G. P., (1904) Art. 81, Sec. 20. 159. If any person shall, when required by said Court, after ten days’ notice, neglect to render the account re- quired in the last preceding section, he shall be fined a sum not exceeding fifty dollars, to be collected as other fines are collected ; and the said Court shall, on its own knowledge and on the best information they can obtain value the property of such person to the utmost sum they court to assess believe the same to be worth in cash, and on the return of hfqui^y! said valuation they ‘shall certify the said refusal or neglect, and the said Court shall assess such person according to the sum so returned, and the same shall be collected as the assessment. 1843, ch. 208, Sec 18. P. G. P., (1860) Art. 81, Sec. 22. 1874, ch. 483, Sec. 20. P. G. P., (1888) Art. 81, Sec. 21. P. G. P., (1904) Art. 81, Sec. 21. 1 60. Whenever any person shall apply to the said Court Duty of court for allowance or reduction on account of the removal of removal of property from the City of Baltimore to a County or City, prSSfyeise- the said Court shall ascertain of the party applying to 180 APPEAI. TAX COURT. what place within the State the property has been removed, and shall inform the proper authorities of the place to which the property is removed of the fact of such removal. 1841, ch. 23, Sec. 27. P. G. L., (1860) Art. 81, Sec. 24. 1874, ch. 483, Sec. 22. P. G. U., (1888( Art 81, Sec. 23. P. G. Iv., (1904, Art. 81, Sec. 23. Clerk of Court 101. The Said Court shall direct their clerk to enter to record ac- c«rate ac- and record in a book or books, to be provided for the pur- p^j^erty as- pose, an accurate and fair account of all property of every sort within the City of Baltimore, subject to taxation, and the valuation and assessment thereof, and an alphabetical list of the owners thereof, properly arranged, according to the several wards of the City of Baltimore and a correct description and location of the said property so valued and assessed. Any owner of property shall at all times be permitted to inspect the record of his own property con- tained in said book. O’Neal V. Virginia & Md. Bridge Co,, 18 Md. 24. Tasker v. Garrett Co., 82 Md. 154, 1844, ch. 236, Sec. 19. P. G. T., (1860) Art. 81, Sec. 25. 1874, ch. 483, Sec. 23. P. G. T., (1888) Art. 81, Sec. 24. P. G. L., (1904) Art. 81, Sec. 24. Return of as- 162 . The Clerk of said Court shall transmit to the property to State Comptroller annually, within thirty days after the nfitted"to annual levy of taxes for the State, a return of the assess- troiier."^”"^ ments of property in the City of Baltimore, showing the amount thereof ; and for neglecting or refusing to perform this duty the clerk so neglecting or refusing shall be sub- ject to presentment, and upon conviction thereof in the Criminal Court of Baltimore City, to a penalty of one hundred dollars, for the use of the State. 1844, ch. 236, Sec. 20. P. G. L., (1860) Art. 81, Sec. 26. 1874 ch. ^83, Sec. 24. P. G. T., (1888) Art. 81, Sec. 25. P. G. L., (1904) Art. 81, Sec. 25. ney to inform 163 . The State’s Attorney of the City of Baltimore STaifuir^ shall give information of such neglect or refusal to dis- transmit re- dutios prescribed in the preceding section to the APPEAL TAX COURT. 181 Grand Jury of the City, upon being- advised thereof by the State Comptroller. 164 . Repealed by Act 1900, ch. 4. 1900, ch. 347. 164 A. The Appeal Tax Court of Baltimore City shall have the power at any time to value and assess all person- al property and to revise such valuations and assessments and to revise all valuations and assessments of real proper- ty in said City and to lower or increase said assessment of real or personal property and to take steps for the discov- ery and assessment of all unassessed property of every kind. And it shall be the duty of said Court at least once in every five years to carefully make such general revision of all of the assessable property in said City. Whenever said Court shall propose to alter or change any assessment or make any new assessment they shall, before such as- sessment is made, give at least five days^ notice thereof in writing to the owner of the property to be assessed or re- assessed, and if any owner be not found within the limits of said City, then to the person in possession of the proper- ty to be assessed or in whose custody the same may be, or if it be land, and no one be in apparent occupancy thereof, then by a notice posted on said land. The said Court in order to make any valuation, assessment, re-valuation or re-assessment shall have power to summon before it any person and to interrogate him in reference to the existence, situation or value of any property liable to assessment by said Court, and any person so summoned and refusing to appear, and any person refusing to be sworn or to answer touching said value, re- valuation or assessment, or touching his or her property, shall be liable to prosecution therefor, and upon conviction, shall be fined not exceeding one hund- red dollars, to be collected as other fines are collected* *As to construction of provisions of Sec. 164A, Gittings v. Baltimore City, 95 Md. 425, 427. Baltimore City v. Johnson, 96 Md. 737. Balti- more City V. Poole, 97 Md. 69. Joesting v. Baltimore City, 97 Md. 596. As to rule laid down in construing .similar provisions, see : Hopkins v. Baker, 78, Md. 363. Hopkins v. Van Wyck, 80* Md. 7. Clark Distilling Co. V. Cumberland, 95 Md. 468. Power of Court to make orig- inal valua- tions and as- sessments and to revise valuations and assess- ments of per- sonal prop- erty and to revise valua- ations and assessments of real prop- erty: to dis- cover and as- •sess all un- assessed property. 182 APPEAL TAX COURT. Failure of Clerk to per- form his du- ties. Penalty. Clerks of Courts to fur- nish lists of alienations and sales to Appeal Tax Court. 1900, ch. 347. 164B. If any clerk, assessor or employee appointed by the Appeal Tax Court shall neglect to perform the duties required of him by law or by said Court, he shall be liable to be discharged by said Court in its discretion ; and if any such clerk, assessor or employee shall receive any consid- eration or payment designed or intended to influence his conduct or act in the performance or omission of his duties as prescribed by law or by said Court as such clerk, assessor or employee, or shall corruptly do or permit to be done or omit to do any act in discharge of his said duties he shall be liable to immediate dismissal by said Appeal Tax Court, and shall be also liable to indictment therefor, and upon conviction shall be fined not exceeding five hun- dred dollars for each offense and also to imprisonment in jail or penitentiary for not more than one year, in the dis- cretion of the Court. P. G. L., (1904) Art. 81, Sec. 9. 165. The Clerks of the several courts in the City of Baltimore shall annually, on or before the first day of October, transmit to the said Court a list of all the aliena- tions of property, chancery sales made by trustees and finally ratified, and of all judgments and decrees recorded in their respective offices or rendered in their respective courts since they last furnished a list of the same, which list shall show the property alienated, and the amount due on the judgments or decrees, so as to enable the said Court to assess the parties to whom the property is con- veyed or the money due. * Richardson v. Simpson, 82 Md. 162. *For decisions relating to taxes on property in custodia legis^ and in cases of sales of property under decrees, see, Fulton v. Nicholson, 7 Md. 107. Mayor, etc. v. Sterling, 29 Md. 48. Tuck v. Calvert, 33 Md. 224. Gould V. Baltimore, 58 Md. 52. Hebb v. Moore, 66 Md. 170. Degner v. Baltimore, 74 Md. 144. Casualty Insurance Co’s, case, 82 Md. 565. Cherbonnier v. Bussey, 92 Md. 420 et seq. APPEAI. TAX COURT. 183 1841, ch. 23, Sec. 38. P. G. L.,(1860) Art 81, Sec. 13. 1874, ch. 483, Sec. 11. P. G. L., (1888) Art. 81. Sec. 12. P. G. L., (1904) Art. 81, Sec. 13. 166. No person shall be chargeable with the assess- ment of property which he may have alienated, but the same shall be chargeable to the alienee ; and the said Court shall, from time to time, correct the account of any person who may have parted with the possession of any property, and the same so taken off shall be charged to the person who may have acquired possession of the property, unless the same shall have been removed from the City. Co. Commrs. v. Clagett, 31 Md. 210. Parlett Dugan, 85 Md. 413. 1841, ch. 23, Sec. 37. P. G. L., (1860) Art. 81, Sec. 14. 1874, ch. 483, Sec. 12. P. G. L., (1888) Art 81, Sec. 13. P. G. Iv., (1904) Art. 81. Sec. 14. 167. The said Court is directed to alter and correct the account of any person who may have disposed of or acquired any property since the last assessment, or whose property or any part thereof may have been omitted, if the report of such disposition, acquisition or omission be sup- plied by satisfactory evidence ; and if real estate or other property shall from any cause have increased or decreased in value since the last assessment the said Court shall cor- rect and alter the assessment of the same, so as to conform to its present value. Alleghany County v. N. Y. Mining Co. 76 Md. 549. Hopkins v. Van Wyck, 80 Md. 7. B., C. & A. Ry. Co. v. Wicomico Co., 93 Md. 113. 1847, ch. 266, Sec. 13. P. G. L., (I860) Art. 81, Sec. 10. 1874, ch. 483, Sec. 8. P. G. L., (1888) Art. 81, Sec. 9. P. G. D., (1904) Art 81, Sec. 10. 168. The Register of Wills of Baltimore City shall annually, on or before the first day of October, return to the said Court a summary account of all property that shall ap- pear by the records of the Orphans’ Court of Baltimore City to be in the hands of each executor, administrator, or guar- dian as such ; and all such property, if not before assessed, shall then be assessed, and every executor, administrator or guardian shall be liable to pay the taxes levied thereon. Alienee to be assessed. Court to alter and correct assessments. Reg-isterof Wills to re- turn sum- mary account of property held by exe- cutors, etc. 184 APPEAI. TAX COURT. Property dis- covered to I assessed. Appeals to Cil Court for re view of as- sessment. Petitions. and shall be allowed therefor by the Orphans’ Court in his accounts, and the said Register of Wills, for the duties im- posed by this section, shall be allowed such compensation as the said Appeal Tax Court may deem proper. Should the clerk or Register fail to preform the duties imposed by this section, he shall be guilty of a misdemeanor, and shall be liable to indictment, and on conviction shall be fined not exceeding one hundred dollars. Bonaparte v. State, 63 Md. 473. Hopkins v. Van Wyck, 80 Md. 14. Baldwin v. Washington Co., 85 Md. 156. Baldwin v. State use of Hull, 89 Md. 590. Nicodemus v. Hall, 93 Md. 367. 1847, ch. 266, Sec. 14. P. G. L., (1860) Art. 81, Sec. 11. 1874, ch. 483, Sec. 9. P. G. L., (1888) Art. 81, Sec. 10. P. G. L., (1904) Art. 81, Sec. 11. 169 . In all cases where discoveries of assessable property are made by the said Appeal Tax Court, either from the returns of clerks, registers or assessors, or in any other way, the said Court shall assess the same, and add the ? same to the amount on which taxes are to be levied. ' Hopkins v. Van Wyck, 80 Md. 14. Tasker v. Garrett Co. 82 Md. 153. Baldwin Wash. Co., 85 Md. 156. Monticello, etc. z'. Baltimore City, 90 Md. 429. B., C. & A. R. R. z/. Wicomico Co., 93 Md. 123. ; ( 1896, ch.322. P. G. H., (1888) Art. 81. Sec. 18A. P.G. L., (1904) Art. 81, Sec. 17. 170 . Any person or persons, or corporation assessed for real or personal property in the City of Baltimore and claiming to be aggrieved because of any assessment made by the said Court, or because of its failure to reduce or abate any existing assessment, may by petition appeal to the Baltimore City Court, to review the assessment. The Mayor and City Council of Baltimore may also appeal from any decision of said Court to the Baltimore City Court if it deem the public interests require that the decision of said Court should be reviewed. The petition in such an appeal, other than the petition of the City, shall set forth that the assessment is illegal, specifying the grounds of the alleged illegality, or is erroneous by reason of overvaluation, or is unequal in that the assessment has been made by a higher I APPEAL TAX COURT. 185 proportion of valuation than other real or personal prop- erty on the same tax roll, by the same officers, and that the petitioner is, or will be, injured by such alleged illegality, unequal or erroneous assessment. The petition of the Mayor and City Council of Baltimore shall set forth wherein the decision of said Court is erroneous and such other facts as may be necessary to inform the Baltimore City Court of the claim of the City. A summons shall summons, issue for the respondent or respondents named in the petition of the City returnable on such a day as the Balti- more City Court may appoint for a hearing of the matter averred in such petition. All such appeals shall be taken ^shTii^be within thirty days after an assessment has been made as aforesaid, or within thirty days after the refusal to reduce or abate an existing assessment, or within thirty days after the action of said Court complained of by the City. On such appeals the Baltimore City Court shall appoint a day for hearing said appeals, which shall not be less than five or more than thirty days after the expiration of the thirty days’ limit for taking appeals as aforesaid ; and shall direct the clerk of the said Baltimore City Court to issue a subpoena duces tecum to the Judges of said Appeal Tax Court, requiring them to produce and deliver to said Baltimore City Court the record of the proceedings of the ^coStTo"" said Appeal Tax Court, and all maps, plats, documents and other papers connected with the said record ; the said Baltimore City Court shall have full power to hear and fully examine the subject and decide on said appeals, and for that purpose it is hereby authorized and empowered to adjourn from time to time, and may cause all or any of ^ sirchlp'peais. such appeals to be consolidated, or may hear and decide them separately, and may require the said Judges of the Appeal Tax Court, their clerks, surveyors or other agents and servants, or any of them, and all such other persons as the Baltimore City Court may deem necessary to attend, and examine them on oath or affirmation ; and may permit and require all such explanations, amendments and additions to be made to and of the proceedings as the Court shall deem requisite. The person or the City appealing to the said Baltimore City Court shall have a trial 186 APPEAL TAX COURT. daU)y before the Court without the intervention of a jury, and the foX aint^nd^ sitting without a jury shall ascertain or decide on menuobein-^^^ propor assossmont, and shall not reject or set aside the record of the proceedings of the said Judges of the said Appeal Tax Court for any defect or omission in either form or substance, but shall amend or supply all such defects and omissions and assess, increase or reduce the amount of the assessment, and alter, modify and correct the records of proceedings in all or any of its parts, as the said Balti- more City Court shall deem just and proper, and shall cause the proceedings and decisions on said appeals to be entered in the book containing the record of proceedings of the said Baltimore City Court, certified by the clerk under the seal of the Baltimore City Court, and the book to be transmitted to the Judges of the said Appeal Tax Court, which shall be final and conclusive in every respect, unless ^recorcfto be appeal be taken to the Court of Appeals. Such record im’ieis Appeal procccdings therein, or any part of cVun‘'of Ap- proceedings, whether in or out of Court, certified by peals. Judges of the said Appeal Tax Court, under seal of said City, shall be evidence in any Court in this State, and the Judge of the said Baltimore City Court shall have full power, in his discretion, to require the cost of any appeal or any part thereof, to be paid by all or any of the appellants or by the City, as the circumstances of each appeal, in his opinion shall justify. In no case shall any such appeal Nostayof levy, or suspeiid the power or duty of the City to levy or collect taxes upon the property involved in said appeal, but such levy and collection shall proceed in all respects as if no appeal had been taken. If a final judgment shall not be given in time to enable the assessors or other officers to make a new or correct statement for the use of the proper Allowance to ^^thorities in levying taxes, and if it shall appear from aiSneiif judgment that said assessment was illegal, erroneous or unequal, then there shall be audited, allowed and paid to the petitioner by the Comptroller the amount, with interest thereon from the date of the payment, in excess of what the tax should have been, as determined by said judgment or order of the Baltimore City Court. And if on the appeal by the City the Baltimore City Court should APPEAL TAX COURT. 187 decide that the valuation and assessment was erroneous and less than what it should have been, or that the prop- erty should be assessed, the Baltimore City Court shall ascertain and fix the valuation and assessment of said ment is in- property, then the Comptroller shall audit and charge the City Cour^, respondent or respondents with the difference in said val- nation and assessment as fixed by the Baltimore City Court and that fixed by the Appeal Tax Court, which amount of difference shall be a lien on the property involved in the proceedings. An appeal may be taken to Appeal to coun the Court of Appeals by either the petitioner or petitioners or the City within ten days after the rendition of said judgment or order by the Baltimore City Court, and the record shall be immediately transmitted to the Court of Appeals, which Court shall immediately hear and deter- mine the questions involved in said appeal.** Monticello Co. v. Mayor, 90 Md. 416, 432. Fovvble v. Kemp, 92 Md. 633. Baltimore City v. Bonaparte, 93 Md. 156. United Rys. & Elec. Co. V. Baltimore City, 93 Md. 631. Baltimore City v. Au.stin, 95 Md. 90. Gittings z/. Baltimore, 95 Md. 419. Baltimore City v. Poole & Son, 97 Md. 69. Joesting v. Baltimore City, 97 Md. 595. Consol. Gas. Co. v. Baltimore City, 101 Md. 541. 1900, ch. 399. §170a. If the Mayor and City Council of Baltimore claim to be aggrieved by any decision of the State Tax Mayor and city Commissioner upon any valuation and assessment, the said Bait?more^ Mayor and City Council of Baltimore may appeal from said from de?i-^' decision to the Comptroller of the Treasury and State Ta^c?Lftlfi^ Treasurer. If no such appeal be taken within thirty days from any decision of the Tax Commissioner, the said valu- ation and assessment shall be final ; but if such appeal shall be taken within thirty days from any decision, there shall be stated in such appeal the reasons and grounds of such appeal ; and said Comptroller and Treasurer shall Abatement oj 'faxes. The remedy for refusal to abate an assessment of taxes is an appeal to the Baltimore City Court under section 170 of the City Charter and mayidaynus will not lie to compel abatement by the .A.ppeal Tax Court. Hoffman v. Sams, Daily Record, January 10, 1905. 188 APPEAI. TAX COURT. consider the same, and if the Comptroller and Treas- urer shall both be of the opinion that such valuation and assessment so made by the State Tax Commissioner is erroneous, and ought to be changed, they shall change the same accordingly, and the valuation and assessment so agreed upon by the Comptroller and Treasurer shall be final ; but if either the Comptroller or Treasurer shall agree with the State Tax Commissioner as to the correct- ness of the valuation so made by him, then such appeal shall be dismissed, and the original valuation shall be and remain as the true valuation. Monticello v. Baltimore, 90 Md. 416. Fowble v. Kemp, 92 Md. 633. ^ 71 . In the year eighteen hundred and ninety eight, and in all succeeding years thereafter, the valuation of the property subject to taxation in the City of Baltimore, as it shall appear upon the assessment books of said Court on the first day of October in each and every year, shall be final and conclusive, and constitute the basis upon which taxes for the next ensuing fiscal year shall be assessed and levied ; provided, that the foregoing provision shall Provisoes. apply to property in the City liable to taxation, and which may have escaped, or which may have been omitted, in the regular course of valuation, but such property shall be valued and assessed, and the owner or owners thereof charged with all back and current taxes justly due there- on, whenever the same may be discovered and placed upon Appeal Tax the assessment books, ‘ and provided that the provisions of Hverstat?' this soction shall not apply to the taxes levied for the year Se pVSperfy ^i^hteen hundred and ninety eight, after the passage of {ecto^'aSd’ this Article. The said Court shall, on the first day of fimlfe^Sx October, or as soon thereafter as practicable, in the year Appelu TaV"^ eighte hundred and ninety eight, and in all succeeding Court. * Note. — Shares of Stock m. domestic corporations are not “prop- erty” under the terms of section 171 of the Citj’' Charter, “which when discovered is to be valued and assessed hy the Appeal Tax Court and the owner or owners thereof charged with back and current taxes.” Balto. Chrome Works v. Mayor & C. C. of Balto. Daily Record, April 19, 1904. COMMISSIONERS FOR OPENING STREETS. 189 years thereafter, make out and deliver to the City Col- lector and Board of Estimates each, a statement showing the valuation and assessment of all the property subject to taxation in said City, as it shall appear upon the assess- ment books of said Court on said first day of October ; such statement shall contain an alphabetical list of all owners to whom any property in said statement has been valued and assessed, properly arranged according to the several wards of the City, with the location and description of the property of each of said owners. The said state- ment shall be known as the taxable basis for the next ensuing fiscal year, and after the levy of taxes, it shall be designated as the tax roll for said year. The said Court shall perform such other duties as may be prescribed by law or ordinances not inconsistent with this Article. ^ *Skinner Dry Dock Co. v. Baltimore, 96 Md. 37-41. Cochran v. Carstairs, 95 Md. 509. *Baltimore Cit}' v. Jenkins, 96 Md. 193. COMMISSIONERS FOR OPENING STREETS.** 172 . The Commissioners for Opening Streets shall be second sub-de- the second sub-department of Review and Assessment, RevEw“ind and the head of this sub-department shall be a Board com- posed of three persons, appointed by the Mayor in the manner prescribed in section 25 of this Article, and re- movable as therein provided. One of their number shall be President, and shall be so designated when appointed by the Mayor. Their term of office shall be for three years, one Commissioner to retire every year ; except that the Commissioners first appointed shall determine by lot their terms of office, so as to provide for the termination of the term of one Commissioner each at the end of the first and second years. The said Commissioners shall receive a salary of one thousand eight hundred dollars each * Note.— Compare this section with Sec. 5, Art. 50, City Code (1892); See dicta in Hopkins v. Van Wyck, 80 Md. 15, construing same. **Note. — Sections 172 to 195, inclusive, under this sub-title, are embodied from the City Code of 1892, Art. 48, Secs. 1 to 27, inclusive, with slight modifications. 190 COMMISSIONERS FOR OPENING STREETS. Duties. Clerk to Board; sal- ary. Appointment of employees. Clerk to keep record of pro- ceedings. City Register or City Col- lector to re- ceive assign- ments of as- sessments from parties allowed dam- ages. per annum, payable monthly. The said Commissioners shall be charged with the duty of opening, extending, widening, straightening or closing any street, lane, alley or part thereof situated in Baltimore City whenever the same shall have been directed by ordinance to be done, and shall perform such other duties as the Mayor and City Council of Baltimore may by ordinance prescribe. The said Com- missioners shall appoint a Clerk, who shall be paid a salary of one thousand five hundred dollars per annum, payable monthly, and shall perform such duties as the Commis- sioners may prescribe. The said Commissioners may also appoint, such other employees as the Mayor and City Council of Baltimore by ordinance may direct, and fix their compensation, not to exceed in the aggregate the amount appropriated by ordinance. McClellan v. Marine, 98 Md. 53. 173. The Clerk of said Commissioners shall keep a record of their proceedings in a book provided for the pur- pose, and in such form as the City Solicitor may prescribe; and the said Clerk shall record in said book all orders made by the Commissioners in regard to the performance of their duties, and make true copies of all notices by them directed to be published, and of the certificate of the pub- lication thereof, and shall perform such other clerical duties as the said Commissioners shall require. 174. When the said Commissioners shall assess a sum of money to be paid by any person or persons, for benefits derived by such person or persons from opening, extending, - widening, straightening or closing any street, lane or alley, or part thereof, and shall assess a sum of money to be paid to the same person or persons for damages sustained by said opening, extending, widening, straightening or clos- ing, it shall and may be lawful, upon a certificate of title from the City Solicitor, for the City Register or City Col- lector to receive from such person or persons an assignment for the sum or sums so assessed as damages aforesaid.** **NoTE. — As to rule in assessing damages and benefits, see^ M. & C. C. of Balto. V. Smith, 80 Md. 458. COMMISSIONERS FOR OPENING STREETS. 191 175 . Whenever the Mayor and City Council of Balti- more shall hereafter by ordinance direct the Commissioners proceed, for Opening Streets to lay out, open, extend, widen, straighten or close up, in whole or in part, any street, square, lane or alley, within the bounds of this City, the said Commissioners, having given the notice required by law of their first meeting to execute the same, shall meet at the time and place mentioned in said notice, and from time to time thereafter, as may be necessary, to exercise the powers and perform the duties required of them by said ordinance, and shall ascertain whether any and what amount of value in damage will thereby be caused to the owner of any right or interest in any ground or improve- ments within or adjacent to the City of Baltimore, for which, taking into consideration all advantages and dis- advantages, such owner ought to be compensated ; and the said Commissioners having ascertained the whole amount of damages for which compensation ought to be awarded, as aforesaid, and having added thereto an estimate of the probable amount of expenses which will be incurred by them in the performance of the duties required of them, as aforesaid ; and also of the expenses incurred by the City Register by reason of said proceedings, shall proceed to assess all the ground and improvements within and adja- cent to the City, the owners of which, as such, the said Commissioners shall decide and deem to be directly bene- ® hted by accomplishing the object authorized in the ordi- nance aforesaid ; and should the direct benefits, assessed as aforesaid, not be equal to the damages and expenses incurred, the balance of said expenses and damages shall be paid by the City Register, and provided for in the general levy. Alexander v. Mayor, 5 Gill 383. Moale v. Mayor, 5 Md. 314. Hawley v. Ma}'or, 33 Md. 270. Page v. Mayor. 34 Md. 558. N. C. Ry. Co. V. Ma}w, 46 Md. 428. Brooks v. Mayor, 48 Md. 265. Central Savings Bank v. Baltimore, 71 Md. 520-522. Baltimore v. Rice, 73 Md. 307. Pitts V. Baltimore, 73 Md. 338. Friedenwald v. Baltimore, 74 Md. 116. Burke v. Baltimore, 77 Md. 469. M. & C. C. of Baltimore v. .Smith, 80 Md. 458. Shanfelterz;. M. & C. C. of Baltimore, 80 Md. 491. Gluck V. M. &C. C. of Baltimore, 81 Md. 315. Baltimore City v. Fear, 82 Md. 254. Baltimore v. Coates, 85 Md. 531. Gardiner v. Baltimore City, 96 Md. 361. B. & O. R. R. Co. v. Baltimore City, 98 Md. 535. 192 COMMISSIONERS FOR OPENING STREETS. Where part only of a lot shall be taken. Manner of val nation. Notice of sale. Purchase mon ey, when to be paid. Act 1898, ch. 123. 1900, ch. 109. 176. In every case where it shall be necessary in order to effect the object proposed under any of the ordinances providing for the laying out, opening, widening or straight- ening in whole or in part any street, square, lane or alley, that a portion only of a lot or of a lot and improvements shall be taken and used or destroyed, and the owner or owners thereof shall claim to be compensated for the whole, the said Commissioners in such cases may, if they deem it best and not otherwise, accept a surrender in writing of the whole of said lot and improvements, or the whole of said improvements, from said owner or owners, in which event the said Commissioners shall ascertain the full value ■ thereof, as if the whole lot or lots and improvement or im- provements, as the case may be, were necessary to be taken and used for such proposed object, and the whole amount of such valuation when finally decided on shall be paid or tendered to the said owner or owners before any part thereof shall be destroyed, removed or used, unless such owner or owners shall assent thereto in writing, as now provided for by law ; and the said Commissioners, after giving ten days’ notice in two of the daily newspapers of the City of the time and place, manner and terms of sale, shall sell by public auction to the highest bidder the ma- terials of any house or houses which it shall be necessary to remove, in whole or in part, and also the residue of any lot of which a part shall be taken and used to effect the the object confided to the Commissioners, and which residue shall have been, with the consent of the Commissioners aforesaid, surrendered by the owners thereof as aforesaid; the purchase money to be paid when full possession shall be given of the property or material so sold, and the said Commissioners or a majority of them on receiving the purchase money aforesaid, and not before, shall by a good and sufficient deed convey the lot or lots of ground by them so sold to the purchaser ; but no such sales shall be made until after the Commissioners have assessed the entire amount of damages and expenses as are now directed to be assessed by existing ordinances relating to the con- demnation of streets, nor until all damages for taking said CONDEMNATION OF PROPERTY. 193 property shall have been paid or tendered to the proper party or parties or invested or paid into Court as by law required, nor until the said Commissioners are ready and able to give possession to the said purchaser or purchas- ® chlsfn ers of property and materials aforesaid, and the said Com- missioners are duly empowered to take and receive a good and sufficient bond from the purchaser or purchasers aforesaid, with a penalty to the Mayor and City Council of Baltimore, conditioned that the purchase money be duly paid at such time as the said Commissioners shall demand the same, and conditioned further that said purchaser or pur- chasers shall remove within sixty days after notice from the said Commissioners, from the bed of the street all such materials so sold, and all rubbish or other obstructions in said street occasioned thereby ; and in the event of the purchaser or purchasers not complying with the terms of of pur- said sale, the Commissioners shall re-sell the said lot or lots, and improvement or improvements, as the case may be, at the risk of the former purchaser, or purchasers, giving not less than five days^ notice of said re-sale in two of the daily newspapers of the City aforesaid ; provided, however, that where, in the judgment of said Commis- sioners, a part only of the whole of a lot or a part of the whole of the improvements of any lot can be taken with- out destroying the whole of said lot or said improvements, for the purpose for which lot or improvements are used, or for building purposes, the said Commissioners shall only condemn such part of said whole lot or improvements is necessary for the proposed object, and shall award to the owner or owners of the part of the lot or improve- demned. ments so taken such damages and assess upon the remain- der thereof such benefits as in their judgment shall be right and proper ; and provided, further, that in all cases where there are sheds or other obstructions lying and being in beds of streets, lanes, roads or alleys, in process of opening or widening, where the same will not, in the judgment of the Commissioners for Opening Streets, sell Private sale of by public auction for the amount of the expenses of said sale, then the said Commissioners for Opening Streets 194 COMMISSIONERS FOR OPENING STREETS. may, and they are hereby authorized, to sell the same at private sale.** M. & C. C. of Baltimore v. Merryman, 23 Md. 449. Mayor v. Clunet, 23 Md. 464. Norris v. Balto., 44 Md. 603. Bernei v. Mayor, Baltimore, 56 Md. 351. soon as the Commissioners aforesaid shall completed the valuation of damages to be ascertained £s”sldbr" them as directed by this Article, thoy shall cause a Commission- statement thereof to be made out for the inspection of all persons desiring information of its contents, and such statement, together with an explanatory map or maps, shall contain a description of each separate lot or parcel of ground deemed to have sustained damages, its dimensions, the name of the street, lane or alley on which it bounds, the names of all persons supposed to have any estate or interest in it, and the amount of damages as valued by the Commissioners ; and if there be any house or other im- provements on it, necessary to be removed, in whole or in part, such description thereof as the Commissioners shall deem necessary ; and in like manner a description of each parcel of ground deemed by the Commissioners to be bene- fited, the name or names of such person or persons as may be supposed to have any estate or interest therein, and the amount assessed thereon for benefits ; and the said Commissioners shall cause a notice to be published for four successive days in two daily newspapers of the City, stating the extent of the ground covered by the assessment, and that such statement and maps are ready for the inspection of all persons interested therein ; and Notice of meet- that the Commissioners will meet at their office on a day to be named in said notice, which shall be within ten days **NoTE. — As to right of the city to institute condemnation pro- ceedings before street grades are established, see, Balto. Belt R. R. Co. V. Turner, Daily Record, January 12, 1893. As to rule for valuation of property in awards in condemnation proceedings, see, Park Board v. White, Daily Record, May 25, 1893. The inchoate right of dower in fee simple property to be considered in condemning property. B. & O. R. R- Co. v. Textor, Daily Record, December 25, 1893. CONDEMNATION PROCEEDINGS. 195 after the first publication of such notice, for the purpose of reviewing any of the matters contained in such state- ment to which any person claiming to be interested shall make objection ; and the Commissioners shall meet at the time and place so appointed, and shall hear and consider all such representations or testimony on oath or affirmation, verbal or in writing, in relation to any matter in said statement which shall be offered to them on behalf of any co?r^Sons. person claiming to be interested therein ; and the said Commissioners shall make all such corrections and altera- tions in the valuations, assessments and estimates, and all other matters contained in the said statements and explan- atory map or maps aforesaid, as in their judgment shall appear to them, or a majority of them, to be just and proper ; and they may adjourn, from day to day, if neces- sary, to give all parties claiming a review an opportunity to be heard, not exceeding in the whole ten days ; and after closing such review the Commissioners shall make all such corrections in their statement and explanatory map or maps as they shall deem proper, and cause such statement as corrected to be recorded in their book of pro- ceedings, and certified under the hands and seals of the said Commissioners and their Clerk, and shall deposit the same, together with the explanatory map or maps, as^^Xp'^fed finally corrected by them, and similarly certified to in the Re^ls^ten office of the City Register ; and it shall be the duty of the City Register within five days after said proceedings shall have been deposited in his office, to notify all persons in- terested by an advertisement, to be inserted once a week advertise for four successive weeks, in two of the daily newspapers prSSdings of the City, that the said assessment and maps have been Ippeau^^ so placed in his office, and that the parties affected thereby are entitled to appeal therefrom by petition in writing to the Baltimore City Court. *Central Savings Bank v. Baltimore, 71 Md. 520. *M. & C. C.of Balti- more V. Smith, 80 Md. 467. Zion Church v. Baltimore, 71 Md. 524. 178. It shall be the duty of the Clerk of the Commission- ers for Opening Streets to serve written or printed notice upon each and every party or parties assessed for 196 COMMISSIONERS FOR OPENING STREETS. damag-es, caused by the condemnation and opening of any ?esS public highway ; provided, however that the service of such notice shall not be so construed as to be one of the prerequisites to the condemnation and opening of any street under any ordinance heretofore passed, or hereafter to be passed. 179 . The Mayor and City Council of Baltimore or any ^thSSre°cuy' P^^son or porsons, or corporations, who may be dissatisfied with the assessment of damages or benefits, as herein- before provided, may, within thirty days after the return of the corrected statement and map or maps to the City Register, and the first publication of the notice thereof by the City Register, appeal therefrom by petition, in writing, to the Baltimore City Court, praying the said Court to review the same, and on any such appeal the Court may and shall appoint a day for hearing said appeal, which shall not be less than five or more than thirty days after the expiration of the thirty days limited for taking appeals as aforesaid, and shall direct the clerk of the said Court to issue a sub- poena duces tecum to the City Register, requiring him to produce and deliver to said Court the record of the proceed- Proceedings to lugs of the Said Commissiouers in the case, and all maps, to safd'ciSt; plats, documents and papers connected with such record, and the said City Court shall have full power to hear and fully examine the subject, and decide on the said appeal, and , for that purpose is hereby authorized and empowered to adjourn from time to time, and may cause all such appeals to be consolidated, or may hear and decide them separately, and may require the said Commissioners, their Clerk, Sur- veyor, or other agents and servants, or any of them, and all such other persons as the Court shall deem necessary, to attend, and examine them on oath or affirmation, and may permit and require all such explanations, amendments and additions to be made to and of the said record of the proceedings as the said Court shall deem requisite ; and the persons appealing to the Baltimore City Court, as aforesaid, shall be secured in the right of a jury trial, and the said Jury trial. Qourt shall direct the Sheriff of Baltimore City to summon twelve or more persons qualified to be jurors, and shall em- APPEALS. 197 panel any twelve disinterested persons so summoned, or attending the Court, to try any question of facts, and if necessary to view any property in the city, or adjacent thereto, to ascertain and decide on the amount of damages or benefits, under the direction of the Court ; and the said Court shall not reject or set aside the record of the pro- ceedings of the said Commissioners for any defect or omission in either form or substance, but shall amend or supply all such defects and omissions, and increase or reduce the amount of damages and benefits assessed, and alter, modify and correct the said return of proceedings, in all or any of its parts, as the said Court shall deem just and proper, and shall cause the proceedings and decisions on said returns and appeals to be entered in the book con- Record of trial taining the record of the proceedings of the Commissioners, Appeals, certified by the Clerk, under the seal of the Court, and the book to be transmitted to the City Register, which shall be final and conclusive in every respect, unless an appeal be ^pp^^ito court taken to the Court of Appeals, and such record book, or a Appeals, copy of the proceedings therein, or any part of such pro- ceedings, whether in court or out of court, certified by the City Register under the corporate seal of the City, shall be evidence in any court in this State, and the Judge of the Baltimore City Court shall have full power, in his dis- costs, cretion, to add the reasonable costs of any appeal, to be taxed by him, or any part thereof, to the damages to be collected for opening or closing said street, or to re- quire such cost, or any part thereof, to be paid by all or by either of the appellants, as the circumstances of each ap- peal, in his opinion, shall justify. Upon every appeal to the Baltimore City Court from any action of the Com- missioners for Opening Streets both the damages and bene- fits assessed by the Commissioners to the appellant shall be open for review and correction by the said City Court. Trustees v. Mayor of Baltimore, 2 Md. ch. 78. Alexander v. Mayor, Baltimore, 5 Gill 383. Meth. Prot. Church v. Mayor, 6 Gill 391. Page V. Mayor, 34 Md. 558. Hazlehurst v. Baltimore, 37 Md. 200. Norris v. Maj'or, 44 Md. 598. Brooks v. Mayor of Baltimore, 48 Md. 265. Friedenwald v. Shipley, 74 Md. 116. Farrell v. Baltimore, 75 Md. 493. Baltimore v, Coates, 85 Md. 531. Baltimore City z^. Bonaparte, 93 Md. 161. 198 COMMISSIONERS FOR OPENING STREETS. When ordi- nance shall be set aside by Court, or repealed. Proceedings where an ap- peal shall be taken, or after appeals are decided. 180. Whenever any ordinance passed by the Mayor and City Council of Baltimore, providing for the condem- nation and opening, extending, widening or closing of any street, lane or alley in said City, shall be set aside, or declared null and void* by a court of competent jurisdic- tion, to wit : the Baltimore City Court or the Court of Appeals, in the event of an appeal to that tribunal, or the same shall be repealed by the City, it shall be the duty of the Comptroller immediately thereafter to draw his warrant on the City Register in favor of any and all persons, or their legal representatives, who may have paid into the City Treasury any sum or sums of money on account thereof ; which shall be forthwith paid out of any sums in the Treasury not otherwise appropriated. The Comptroller shall likewise draw his warrant on the City Register for the payment of all expenses which may have been incurred by virtue of any such ordinance, in carrying out the provisions thereof, for which the City may be liable under existing ordinances. 181. If no appeal shall have been prayed, then within ten days after the time hereinbefore limited therefor, or after the return of the decision upon any appeal shall have been made to the City Register, the said City Register shall transfer the said Commissioners’ return to the City Collector, who shall proceed forthwith to notify the parties assessed for benefits by means of bills specifying the several sums so assessed, and warning them that if the same be not paid within three months from the date of such transfer of said Commissioners’ returns, he will proceed to sell the specific pieces or parts of property on which such unpaid sum or sums of money shall have been assessed, in the manner, and after having given the notice directed by this Article. State ex rel Henderson v. Taylor, 59 Md. 338. see^ decision of Brown C. J. Cit}’^ Court in re Webster v. Mayor, October 16, 1874. *Note. — A s to power of Court of Equity to restrain enforcement of a void ordinance, see^ M. & C. C. of Balto. V. Grand Lodge, 44 Md. 437. SALES OF PROPERTY CONDEMNED. 199 182. If the sums assessed upon the property specified shall not be paid within the time above limited, the City assl?sld“re Collector is hereby directed to sell the property, or any part thereof, on which such assessment has been laid, giv- ing thirty days’ notice of said sale, in two of the daily newspapers published in the City of Baltimore, the first insertion of said notice to be made in said newspapers within sixty days after the expiration of the time limited in this Article for the payment of said benefits ; and the moneys so collected by the City Collector shall be paid over by him to the City as other moneys are directed to be paid over, to be by it paid to the persons entitled to re- ceive the same. *M. & C. C. of Baltimore v. Grand Lodge, 44 Md.437. *Zion Church V. Mayor, 71 Md. 524. P., W. & B. R. R. Co. v. Shipley, 72 Md. 88. 183. In all cases in which the City Collector shall sell How sales shall . j /• j 1 If he made. any property on acccount of the non-payment of assess- ments made for the opening, closing, widening or exten- sion of any street, lane or alley, it shall be his duty to sell said property to the extent, and subject to the same con- ditions which are provided by ordinance for the sale of real estate in the City of Baltimore, charged with the payment of other taxes imposed by this corporation ; and in the event of the purchaser or purchasers failing forthwith to comply with the terms of said sale, the City Collector shall re-sell the same at the risk of the former purchaser, giv- ing not less than ten days’ notice in two of the daily news- papers of the City aforesaid ; and after collecting the benefit assessments he shall forthwith return the said Com- missioners’ proceedings to the Comptroller. 184. The City Collector, on receiving the full amount Deed to pur- of the purchase money on such sale, shall execute a deed of conveyance in favor of the purchaser or purchasers, or their assign or assigns, which deed shall convey a fee simple or leasehold estate, as the case may be, in and to such proper- ty, and after deducting the costs of sales, advertising and other necessary expenses, he shall pay the balance of such 200 COMMISSIONERS FOR OPENING STREETS. purchase money to the City, which shall pay over the said balance, after deducting the amount assessed on said property, to the person or persons entitled thereto, on demand without interest. Carter v. Woolfork, 71 Md. 283. Assessments to sums of money assessed by the Commissioners plidf”* aforesaid, upon property deemed by them to be benefited, shall be and continue liens on each several piece of property so assessed, to the amount of its particular assessment, until the same shall be paid to the City ; but no part of any street, square, lane or alley shall be opened on or over the ground of any person or persons, or corporation, adjudged by the Commissioners to be entitled to damages for said opening, without the consent, in writing, of the person or corporation so entitled, until such damages shall be paid, or the amount thereof invested in the City stock, for the use of each person or corporation entitled to any part of the compensation for such damages, to the amount of his, her or their respective right and interest therein, of which investment the City Register's certificate, under the cor- porate seal of the City, shall be competent proof. Gould V Mayor, 59 Md. 378. Central Savings Bank v. Baltimore, 71 Md. 517. Zion Church v. Baltimore City, 71 Md. 524. ^mSd“parties Any porson or persons not claiming title to any of benefits, lot or pioco of property upon which any sums shall be assessed, as aforesaid, may pay the amount of the sum so assessed, within the time limited, to the City Register, and obtain his certificate of having paid such sum without claiming title to the property ; and such payment shall vest in the person or persons paying his, her or their heirs, the lien on such lot or property mentioned in this Article. state ex rel^ Henderson v. Taylor, 59 Md. 338. Commissioners 187 . If it should so happen that anyone or more of said cases!^^^ Commissioners should be interested in any particular case, the Mayor shall make a temporary appointment of a Com- missioner or Commissioners, to act in the place and stead EXPENSES OF CONDEMNATION PROCEEDINGS. 201 of such interested Commissioner or Commissioners, who shall take the oath or affirmation, as the case may be, and in all respects conduct himself and have all the powers as the other Commissioners who are appointed by the Mayor. 188 . Whenever any lot, or part of a lot, or parcel of Fee and lease- around may be taken and included within the lines of any distin- ,11 1 r. 1 1 1 guished. street, lane or alley, or part thereof, and damages assessed therefor, and there shall be an outstanding unexpired term of years therein, the said Commissioners shall dis- criminate in their proceedings between the value of fee simple or ground rent interest, and the leasehold interest. Mayor, etc. v. Rice, 73 Md. 307. Gluck v. Ma}^or, 81 Md. 315. 189 . Whenever any obstruction shall have remained in obstructions to any street, lane or alley, or part thereof so opened, for the space of sixty days after the proceedings of the said Com- missioners shall have been returned to the City Register, it shall be the duty of said Commissioners to cause the same to be removed, and to draw on the Register for the expense so incurred, which shall be paid by him, and the Mayor shall forthwith cause a suit for the recovery of said suit for ex- expenses to be instituted against the person or persons by whose default the said obstruction has been suffered to re- main, and the same, when recovered, shall be paid to the Register for the use of the City. 190 . In each case of laying out, opening, extending, per diem to widening, straightening or closing up, in whole or in part, ers to be any street, square, lane or alley, under the provisions of ' this Article, the said Commissioners shall, for each and every day in which they and their Clerk shall be actually engaged in the performance of their duties, assess, as part of the expenses of their proceedings, a per diem as to each of said Commissioners and their Clerk, of four dollars, to be collected as other expenses are, and to be paid to the Register for the use of the City. 202 COMMISSIONERS FOR OPENING STREETS. City Register to pay ex- penses. Books and pa- pers to be deposited with City Register. Deeds of gift to City from owners of beds of streets and alleys. Proviso. Such streets and alleys to be public highways. 191 . When the proceedings of the Commissioners for Opening Streets in any case are transferred by the City Register, to the City Collector, the City Register is author- ized and required to pay all the expenses incurred by the Commissioners under the said proceedings. But such ex- penses shall not remain unpaid more than six months after the completion of any services performed under said ordinance ; and the Comptroller and Register are directed to pay, within six months after the services have been completed, any such expenses, upon presentation of the proper vouchers or certificates from the Commissioners for Opening Streets. 192 . The Commissioners for Opening Streets, so soon as they shall have completed their work on each street, shall deposit all papers and books relating thereto in the office of the City Register. The said Commissioners shall perform such other duties as may be required of them by ordinances not inconsistent with this Article. 193 . Whenever the owner or owners of the bed of any of the streets, lanes or alleys of the City, as laid out on Poppleton’s plat, or on such plat as the City may adopt, for the territory annexed under the Act of 1888, Chapter 98, shall offer to convey the same to the City, it shall be the duty of the Mayor to obtain the opinion of the City Solicitor in relation to the title to the property and the le- gality of the deed or deeds, and, if in the opinion of the Mayor, it will be right and proper, and the public good will result therefrom, he is hereby authorized to receive,' in the name of the Mayor and City Council of Baltimore, any deed or deeds so offered to the City ; provided, that no deed shall be for less than one whole square, and that the City shall not incur any expense in receiving the same; and that a plat setting forth the location, together with the surrounding property, to the extent of two hundred feet, shall accompany said deed. 1 94 . Whenever any street, lane or alley, or part thereof, shall be conveyed to the City, as provided in the preceding CITY LIBRARIAN. 203 section, the same shall be a public highway, subject to all ordinances and resolutions relating to streets, lanes and alleys in the City of Baltimore. 195 . The Mayor and City Council of Baltimore will not Petitioners to entertain any petition for or remonstrance against the opening, widening, straightening or closing of any street, of thSr prop- lane, or alley in the City of Baltimore, unless the signers of such petition or remonstrance shall state the location of the property they represent, together with the number of front feet of the same. MUNICIPAL OFFICERS NOT INCLUDED IN ANY DEPARTMENT. CITY LIBRARIAN* 196 . There shall be an official of the Mayor and City ms appoint- Council of Baltimore, to be known as the City Librarian. He shall be appointed by the Mayor in the manner pre- scribed in section 25 of this Article and hold his office as therein provided. The said Librarian shall, under the Duties, supervision and direction of the City Register, take under his charge and keeping all the books and documents of every description, and the archives, records, papers and proceedings of the Mayor and City Council of Baltimore, except as is otherwise herein provided, now in the pos- session of other municipal officers, entrusted with them by the City, or which may hereafter come into the possession of the City, and also all the ordinances, resolutions, and pro- ceedings of the City Council after each and every session thereof ; and he shall arrange and classify, so as to be easily found when needed, all the books, documents, records, papers, ordinances and resolutions, and proceed- serve munici- ings hereby placed and hereafter to come under his charge documents, and keeping ; and he shall furthermore carefully collect ’ and arrange and safely keep a complete series of ordinances *Note. — The provisions of the Charter in relation to the City Librarian and his duties were largely embodied from Art. xxxii of the Baltimore City Local Code (1893). 204 CITY LIBRARIAN. and resolutions and proceedings of the Mayor and City Council of Baltimore, and all other books, papers and mem- orials relating to Baltimore, from its beginning as a town to the present time, and this shall continue to be one of his regular duties, and he shall not permit any book or books, or documents of said series to be taken or removed by any one from the City Library, and he shall permit no other book, document, record or paper of any sort to be taken from the City Library, except by City officers, and then only on a written receipt from such City officer or officers for the same, which receipt shall be written in a book to be kept for that purpose, and shall be duly can- celled on the return of the book, documents, records or papers so borrowed ; and he shall see that no books, docu- ments, records or papers of any sort be lost or mislaid by said City officers ; he shall also carefully prepare and keep an index for that purpose of all the books, documents, records and papers of said library. Room shall be provided in the City Hall, and properly furnished for the reception and Salary and custody of Said library. The salary of the City Librarian shall be one thousand five hundred dollars per annum, pay- able monthly ; and he shall give a good and sufficient bond, to be approved as authorized by this Article, in the sum of five thousand dollars, for the faithful performance of his duties in the premises.** 1906, ch. 111. stationery and 197. Euch of the departments, sub-departments muni- te^^^quSd cipal officers not embraced in a department and special partmetts. commissions or boards of the Mayor and City Council of Baltimore shall, on or before the first day of December in every year, furnish to the City Librarian a schedule of all stationery and printed matter, which may be required for the use of such departments, sub-departments, municipal officers and commissions or boards for the year commencing on the first day of January thereafter. It shall be the duty **NoTE. — In relation to ancient municipal documents and who is the proper custodian, see, Bing v. M. & C. C. of Baltimore, Daily Record April 3, 1889. CITY LIBRARIAN. 205 of the City Librarian, twenty days prior to the first day of January in each year, to advertise for proposals for fur- nishing all such stationery and printed matter as may be required by the respective departments, sub-departments, municipal officers and commissions or boards of the City, for the ensuing fiscal year, subject to the provisions of Sections 14 and 15 of this Article. All contracts which may be awarded in pursuance of the provisions of this sec- ®"?cove“r tion shall contain a clause stipulating that any stationery or printed matter which may be required for the use of any department, municipal officers and commissions or boards aforesaid of the City, over and above the quantity specially designated in said contracts, shall be furnished by the contractors at the same rate charged for articles which are specially mentioned in said contracts, and if any supplies are required which are not mentioned in said contract they shall be furnished at the lowest market rates. It shall be ^ . the further duty of the City Librarian to furnish to each ^ furnish ^ 1 . stationery to of the departments of the City, sub- departments, munici- pal officers not embraced in a department and special com- missions or boards, from time to time, upon the requisition of the heads of said departments, sub-departments, muni- cipal officers and commissions or boards, the stationery and printed matter which may be necessary for the use of said departments, sub-departments, municipal officers not em- braced in a department and special commissions or boards „ , and to keep an accurate account of all supplies which may be furnished ; and he shall annually report to the City wished. Council of Baltimore the quantity of stationery and printed matter which he shall have furnished to the i^^spective departments, sub-departments, municipal officers and com- council, missions or boards during the preceding fiscal year and the expense of the same. * 198 . The City Librarian is hereby authorized and directed to appoint two assistants, to be known as First *Note. — As to powers of Mayor and City Council of Baltimore in re- lation to contracts for stationery prior to Act 1906, ch. Ill, see, Baltimore V. Weatherby, 52 Md. 442, and cases cited under sections 14 and 15 of the Charter, ante, pages 98 and 99. 206 CITY LIBRARIAN. ^ond^AssSt-' Assistant Librarian and Second Assistant Librarian, who fan shall perform such duties as the Librarian shall from time Sfis’ time prescribe and direct, and for whose acts the Libra- rian shall be held responsible. The First Assistant shall give such bond as provided by ordinance and approved by the Mayor. In the event of the necessary absence of the Librarian, from sickness or other cause, the First Assistant, with the approbation of the Mayor, shall have full power and authority to perform all the duties of the Librarian. The salary of the First Assistant Librarian shall be nine hundred dollars per annum, payable monthly, and the salary of the Second Assistant shall be seven hundred and fifty dollars per annum, payable monthly. Record to be 190 . There shall be opened, under the direction of kept of requi- sitions filled, the City Librarian, a set of books in which shall be entered all requisitions made upon the City Librarian from the different departments, sub-departments, muni- cipal officers and commissions or boards of the Mayor and City Council of Baltimore, from time to time, and each department, sub-department, municipal officer and commis- sion or board shall be charged with all books, stationery and printed matter it may receive from said Librarian ; there shall be kept a record of all bids received for books, stationery and printed matter and of the acceptance or rejection thereof. The City Librarian shall permit no bid once filed in his office to be withdrawn therefrom. There ^ shall be copied and filed away all contracts made or entered into between bidders and the City Librarian ; and there shall be annually prepared a general statement of all the transactions of the City Librarian’s office, and presented to the City Council. When library 200 . The City Library shall be kept open daily from 9 shall be kept ^ ^ ^ during the sessions of the City Council and at such other times as may be necessary or may be prescribed by ordinance, with the Librarian or his Assistants in attendance. ART COMMISSION. 207 ART COMMISSION. 201 . There shall be an Art Commission, to consist of the Mayor of the City of Baltimore and seven others, to be named by the following institutions, and appointed by the Mayor in the manner prescribed by section 25 of this Article, and hold their offices as therein provided : One shall be named by the Maryland Historical Society, one by the Johns Hopkins University, one by the Peabody Insti- tute, one by the Maryland Institute for the Promotion of the Mechanic Arts, one by the Architectural Club of Balti- more, one by the Board of Park Commissioners, and one by the Charcoal Club ; the members of the Commission shall serve without pay. If any of said institutions shall fail to name a Commissioner for thirty days after having been requested in writing by the Mayor so to do, the Mayor shall name such Commissioner. 202 . No statue, ornamental fountain, arch or gateway, to approve ’ ’ ® ’ sites, designs, monument or memorial ot any kind shall be erected, nor etc., of public improve- any change made in those already erected in any public “ents. street, avenue, square, place, park or municipal building in the City of Baltimore unless the design and site or pro- posed change for the same shall have been submitted to the Commission and approved by a majority thereof, and its report shall have been made to the City Council ; said re- port shall be made within thirty days from the time when the design and site or proposed change as above specified shall have been submitted to the Commission for its approval. 203 . The Commission shall, at the request of the Mayor, or the City Council, give its advice as to the suitability of gj^uct^res the design for any public building, bridge or other struct- ure, and shall report thereon in writing to the City Council. All vacancies in said Commission shall be filled by the Mayor from those named by the institutions as herein pro- vided ; and in case any of said institutions fail for thirty days, after receiving the request of the Mayor, to name a person to fill the said vacancy, the Mayor shall fill it with vacancies, a person of his own selection. 208 SUPERINTENDENT OF RAMPS AND RIGHTING. Appointment. Duties. To have ap- pointment subordi- nates. Compensation of; salaries o: subordi- nates. When to be elected. SUPERINTENDENT OF LAMPS AND LIGHTING. 204 . There shall be a Superintendent of Lamps and Lighting, who shall be appointed by the Mayor in the man- ner prescribed in section 25 of this Article, and hold his office as therein provided. He shall have under his charge and supervision the lighting of the City of Baltimore, and shall perform the duties now performed by the General Superintendent of Lamps and Inspector and Sealer of Gas Meters, and such other duties as may be prescribed by ordinances, not inconsistent with this Article. He shall have power to appoint an assistant, who shall perform all the duties now performed by the Inspector of Illuminating Gas and Oils. The Superintendent of Lamps and Lighting shall have the power to appoint such number of district superintendents of lamplighters as the requirements of the City may demand and as are necessary to properly care for the lamps and lighting of the City, and fix their compen- sation, not to exceed in the aggregate the amount appro- priated by ordinance. He shall have power to appoint such clerks and employees as may be necessary to properly conduct his office, and as the annual appropriations of the City for his use in the discharge of his duties may warrant. The compensation of the Superintendent of Lamps and Lighting shall be two thousand dollars per annum, payable monthly, and his assistants and the clerks and employees under him shall be paid such fixed salaries as may be pre- scribed by ordinance, and not in fees ; all fines and inspec- tion fees shall be paid to the Comptroller. American Righting Co. v. McCuen, 92 Md. 705. SURVEYOR. P. R. R., (1860) Art. 4, Sec. 865. P. R. R., (1888) Art. 4, Sec. 825. 205 . There shall be a Surveyor, to be elected on the Tuesday next after the first Monday in November in the year eighteen hundred and ninety-nine, and on the same day in every second year thereafter, and whose term of office shall commence on the first Monday in January next ensuing after his election ; his duties and compensation PUBI.IC PRINTER. 209 shall be prescribed by the ordinances of the Mayor and City Council of Baltimore. Any vacancy in the office of Surveyor shall be filled by the Mayor and City Council of Baltimore for the residue of the term. Baltimore City v. Ivytnan, 92 Md. 610. CONSTABLES. 206 . There shall be two constables for every ward of '^'obeappoint- ed bi-enni- the City of Baltimore, who shall be appointed by the aiiy; duties Mayor and City Council of Baltimore and hold their offices sation. for two years. Their duties and compensation shall be the same as are now, or may hereafter be prescribed by law or ordinances. SUPERINTENDENT OF PUBLIC BUILDINGS. 207 . There shall be a Superintendent of Public Build- Appointment, ings, who shall be appointed by the Mayor in the manner prescribed in Section 25 of this Article, and hold his office as therein provided. The said Superintendent of Public Duties. Buildings shall provide for the watching, cleaning and heating, and shall have charge of, the City Hall and the buildings and offices in which the different Courts of the City may be held and in which their records may be kept. He shall receive a salary of one thousand five hundred salary, dollars per annum, payable monthly, and perform such other duties as may be provided by ordinances, not incon- ^ sistent with this Article. He shall employ such assistants employees, and employees, and at such compensation as may be fixed by ordinance. PUBLIC PRINTER. 208 . There shall be a Public Printer, who shall be ^ elected on the second Monday of June, in the year eighteen hundred and ninety-nine, and on the same day and month in every second year thereafter, by a conven- tion of both Branches of the City Council. The Public Printer shall be a reputable person, firm or corporation, who shall be hona fide engaged in the printing business in 210 DEPARTMENT OF EEGISEATIVE REFERENCE. Duties. Bond. Department of legislative Reference: composition of. Competent statistician to be em- ployed. Duty of such executive ofl&cer. the City of Baltimore, to execute the printing required by both Branches of the City Council, who shall perform the duties required of him, them or it by ordinances not incon- sistent with this Article, and who shall, before he, they or it enter upon the discharge of his, their or its duties as such, execute a bond to the Mayor and City Council of Baltimore, in the penal sum of five thousand dollars, with the condition that he, they or it will faithfully discharge the several duties incumbent upon him, them or it, which bond shall be deposited in such place as the Mayor may select for depositing papers of this kind, and be delivered by him to his successor in office. Baltimore City v. Lyman, 92 Md., 610. 1906, ch. 565. 208A. There shall be a Department of Legislative Ref- erence of the Mayor and City Council of Baltimore. The head of said Department shall consist of a Board com- posed of the Mayor of Baltimore, the City Solicitor, the President of the Johns Hopkins University, the President of the Municipal Art Society, and the President of the Merchants and Manufacturers’ Association of Baltimore City, and the members of the said Board shall serve with- out pay. The said Board shall employ a competent statistician as its executive officer to organize and conduct the said Department, and the said executive officer shall hold office from the first day of January, 1907, during good behavior, and shall be subject to removal by the said Board or a majority thereof, for incompetence or neglect of duty. 1906, ch. 565. 208B. It shall be the duty of said executive officer to investigate and report upon the laws of this and other States and Cities relating to any subject upon which he may be requested to so report by the Mayor of Baltimore, any Committee of the City Council or the head of any City Department; to accumulate all data obtainable in relation to the practical operation and effect of such laws ; to LEGISI.ATIVE department — CITY COUNCIL. 211 investigate and collect all available information relating to any matter which is the subject of proposed legislation by the General Assembly of Maryland, or the City Council of Baltimore ; to examine acts, ordinances and records of any State or City, and report the result thereof to the May- or of Baltimore, any Committee of the City Council or the head of any City Department requesting the same ; to pre- ^ p^p'^irltion pare or advise in the preparation of any bill, ordinance or resolution when requested so to do by any member of the City Council ; to preserve and collect all information ob- tained, carefully indexed and arranged so as to be at all times easily accessible to City officials and open to the inspec- tion of the general public ; to perform such other duties as ac- thesaid Board may prescribe; and to make a full and com- plete report thereof on or before the first day of Feb- ruary of each and every year to cover the work for the previous fiscal year ending December thirty-first. 1906, ch. 565. 208C. The Board of Estimates shall provide in the or- ^nd eS-* dinance of estimates for the year 1907, and annually thereafter, for the payment of the salary of said Executive Officer, which shall not be less than $2,000 per annum, and also a sum sufficient to pay all other expenses of the said Department of Legislative Reference. LEGISLATIVE DEPARTMENT. CITY COUNCIL. P. L. L., (1860) Art. 4, Sec. 12. P. L. L., (1888) Art 4, vSec. 16. 209. The Legislative Department of the Mayor and City ^ cSy^Suiicii, Council of Baltimore shall be vested in the City Council, which shall consist of two Branches, one of which shall be the First Branch and the other the Second Branch.* Baltimore City v. Gorter, 93 Md. 1, 8. ’'Note. — I n connection with this section, see, Smyrk v. Sharp, 82 Md. 97. 212 LEGISLATIVE DEPARTMENT — C:TY COUNCIL. P. L. L., (1860) Art. 4. Secs. 13, 24. P. L. L., (1888) Art. 4, Secs. 17, 28. First Branch. 210 . The Fipst Branch shall consist of one member from each ward of the City, who shall be a citizen of the United States, above the age of twenty-one years, a resident of the City three years preceding his election, and for the same time a resident of the ward for which he is elected, and Qualifications assessed with property to the amount of three hundred dollars, who has paid taxes on the same one year prior to his election, and shall hold his office for two years. Each member of the First Branch shall be paid a salary of one thousand dollars per annum, payable monthly.** Baltimore City v. Gorter, 93 Md. 8. P. L. L., (1860) Art. 4, Secs. 14, 24. P. L. L., (1888) Art. 4, Secs. 18, 28. 1898, ch. 123. 1901, ch. 8. Second Branch 211 . The Second Branch shall consist of nine members, of^city coun- whom shall be the President thereof, and shall pos- sess the qualifications and be elected as hereinafter pro- vided. The other eight members shall be elected from four Councilmanic Districts, two from each district ; said district to be established and fixed as herein defined by this Act. The members of the Second Branch, excepting the President thereof, shall be citizens of the United States ^of member!, above the age of twenty-five years, residents of the City of Baltimore four years prior to their election, each of whom has been assessed with property in the said city in the sum of five hundred dollars, and who has paid taxes on the same for two years prior to his election ; and the said members of the Second Branch shall hold their salaries. ^ ’ offices for four years, except as provided in Section 213 of this Article, and each of them shall be paid a salary of one thousand dollars per annum, payable monthly.! Baltimore City v. Gorter, 93 Md. 8. **Notf. — I n connection with Section 210, see^ Kean Rizer, 90 Md. 507. Vanneman v. Pusey, 93 Md. 686, 690. fFor dicta of the Court of Appeals in connection with provisions similar to those of Section 211, see, Kean v. Rizer, 90 Md. 507. Vanneman v. Pusey, 93 Md. 686, 690. Note . — See proviso of Act 1901, ch. 8, relating to present incum- bents. ELECTION FOR MEMBERS. 213 P. L. L., (1860) Art. 4, Sec. 15. 1888, ch. 397. P. L. L., (1888) Art 4, Sec. 19. 212. The election for members of the First Branch shall be held on the Tuesday next after the first Monday ^h^^n^heid.^' in May, in the year eighteen hundred and ninety-nine, and upon every second year thereafter. Said election shall be held by wards, and no person shall be entitled to vote for any member of the F irst Branch except for the member for the ward of which the voter is a resident. The members of said Branch now in office shall hold office until their suc- cessors have been elected under the provisions of this article, and have duly qualified. Baltimore City v. Gorter, 93 Mcl. 8. P. L. L., (1860) Art. 4, Sec. 16. P. L. L., (1888) Art. 4. Sec. 20. 1888, ch. 397. 1890, ch. 10. 213. The election for the said eight members of the Second Branch shall be held on the Tuesday next after the Iranch: term first Monday in May, in the year eighteen hundred and ninety-nine. Their terms of office shall be for four years, except that the members of the Second Branch first elect- ed shall determine by lot their terms of office, so as to pro- vide for the retirement of one-half of the said members of the Second Branch at the end of the first two years. On the Tuesday next after the first Monday in May, in the year nineteen hundred and one, and in every second year thereafter, an election shall be held for four members of said Branch to fill the places of the members then retiring. Baltimore City v. Gorter, 93 Md. 8. 214. There shall be elected on the Tuesday next after E;iecti9n of the first Monday in May, in the year eighteen hundred and lecond ninety-nine, and upon every fourth year thereafter, from the City at large, a person to be the President of the Second Branch of the City Council, who shall possess the qualifi- cations required and hereinbefore defined, of the Mayor of the City of Baltimore. His duty shall be to preside over the Second Branch of the City Council, and vote on all questions, and perform such other duties as may be pre- scribed by ordinances not inconsistent with this Article. 214 LEGISLATIVE DEPARTMENT — CITY COUNCIL. Salary, •Removal of. Electors of members of Council, qualifica- tions of. Vacancies in City Council Council, meet- ings of. He shall be paid a salary of three thousand dollars per an- num, payable monthly. A joint convention of the two Branches of the City Council, by a majority vote of all the members elected to the City Council, may remove from office the President of the Second Branch for incom- petency, wilful neglect of duty or misdemeanor in office, upon charges preferred by the Mayor, and after notice of such charges is given to the President of the Second Branch, and an opportunity afforded him to be heard. Baltimore City v. Gorter, 93 Md. 8, P. L. L., (1860) Art. 4. Secs. 17, 18. P. L. E., (1888) Art. 4, Secs. 21, 22. 215. The qualifications of electors of members of the City Council shall be the same as those of electors of the Mayor. All vacancies in the First Branch shall be filled without delay by the First Branch from the ward in which the said vacancy occurs, by an election of a person possess- ing the qualifications hereinbefore prescribed, to fill the unexpired term of the former incumbent. If a vacancy occurs in the Second Branch, then said Branch shall forth- with fill said vacancy by the election of a person possess- "ing the qualifications hereinbefore prescribed from the City at large or from the proper Councilmanic District, if there be such District at that time. Baltimore City v. Gorter, 93 Md. 8. P. L. L., (I860) Art. 4, Sec. 20. 1868, cli. 451. 1888, cli. 397. P. L. E., (1888) Art. 4, Sec. 24. 216. The City Council shall meet on the Thursday next after the third Monday in May, in the year eighteen hun- dred and ninety- nine, and upon the same day in each year thereafter, and may continue in session for one hundred and twenty days, and no longer, in each year ; provided, that they may, by ordinance or resolution, so arrange their sittings that the same may be held continuously or other- wise , and provided further, that the Mayor may convene the City Council in extra session, as he may now do by the fourth section of the eleventh Article of the State Consti- tution. Baltimore City v. Gorter, 93 Md. 8. POWERS OF THE MUNICIPAL CORPORATION, 215 P. L. L., (1860) Art. 4, Secs. 21, 22, 23. P. L. L., (1888) Art. 4, Secs. 25, 26, 27. 217. Each Branch of the City Council may compel the Absent mem- . , , bers. atten- attendance ot absent members, in such manner and under dance of. such penalties as it may by ordinance provide. The First Branch shall appoint its own President, who shall preside . h . T . President of at all its sessions, and shall vote on all questions, and in First Branch; •1 T Tr** e when to act case of the absence, sickness or other disqualifications ot as Major, the Mayor and the President of the Second Branch, shall perform all the duties of the office of Mayor during the period in which the sickness, absence or disqualification of said officer shall continue. Each Branch of the City Council ^ „ shall judge of the election and qualifications of its own members, subject to appeal by petition of the party aggrieved to the Baltimore City Court. With the con- p^ais. currence of three-fourths of the whole members of either Branch, it may expel any member for disorderly behavior Expulsions of or misconduct in office, but not a second time for the same “embers, offense. Each Branch shall adopt its own rules of proced- ure, not inconsistent with this Article, appoint its own officers, regulate their respective compensation not to ex- ceed in the aggregate the amount appropriated by the or- dinance of estimates, and remove them at pleasure. Each journals Branch shall keep a journal of its proceedings, and enter yeas and nays on any question, resolution or ordinance, at the request of any member, and the deliberations of both Branches shall be public.** Heiskell v. M. & C. C. of Baltimore, 65 Md. 125. Zeiler v. Central Ry. Co. 84 Md. 304. Balto. City v. Gorter, 93 Md. 8. C/., Murdoch V. Strange, 99 Md. 89. P. L. L., (1860) Art. 4, Sec. 33. P. L. L., (1888) Art. 4, Sec. 29. 218. The Mayor and City Council of Baltimore shall have power to pass all ordinances necessary to give SXmorf. ** Powers of Second Branch City Council. The Charter having clothed the Second Branch with plenary jurisdiction over an election contest, all the powers necessary to make the jurisdiction effective are not implied as incidentally granted. Rules of procedure are binding only upon members and upon others coming within their .sphere. Venable v. Upshur, Daily Record, October 11, 1901. 216 ORDINANCES AND RESOLUTIONS. effect and operation to all powers vested in the corporation of the City of Baltimore.** P. G. L., (1860) Art. 37, Sec. 48. P. L. L., (1888) Art. 4, Sec. 15. ’times Jf^or- 219 . Ordinances and resolutions of the Mayor and City Soiutfmis”^ Council of Baltimore may be read in evidence from the as evidence, panted volumes thereof published by authority of said corporation, t Garrett v, Janes, 65 Md. 265. Central Savings Bank v. Baltimore, 71 Md. 523. MUNICIPAL CORPORATIONS. **Note. — S 3mopses of decisions of the Court of Appeals relating to the power of the Maj^or and City Council of Baltimore to pass ordinances under its express and implied powers as well as those relating to powers of municipal corporations generall}' will be found below within limits consistent with the scope and character of this compilation. AGENTS OF THE MUNICIPAL CORPORATION. Adoption of Unauthorized Acts of Agents. The municipal corporation, in the absence of any required legislative formality, may ratify and adopt a contract made by its agents unauthorized, if the subject matter thereof be within its power and control and the contract could have been previously authorized by oidinance. Baltimore v. Weatherb^q 52 Md. 442. hnplied Authority of Agents. From considerations of public policy, public corporations such as states or municipalities, are exempt in a greater degree from responsibility for implied authority founded on the conduct of those whom they employ. Tome V. Parkersburg, 39 Md. 75. Unauthorized Acts of Agents. A municipal corporation cannot be held liable for the unauthorized acts of its agents. Maj^or & C. C. of Baltimore v. Eschbach, 18 Md. 276. No Presumption of Ratification. Cities and other purely municipal corporations ****** have neither property or power for purposes of personal aggrandizement ********* They are themselves agents * * * * and are not to be presun\ed to recognize and incidentally ratify and confirm acts of their officers be\^ond the scope of their authority. Mayor, etc., v. Re^molds, 20 Md. 1. fNoTK. — In relation to construction of Sec. 219, see also, Shanfelter. 7J. Maj^or, etc., 80 Md. 487. Field v. Malster, 88 Md. 704. ORDINANCES AND RESOEUTIONS. 217 220 . The style of all ordinances shall be: “Beit or- dained by the Mayor and City Council of Baltimore.'' 22 1 . Every legislative act of the Mayor and City Council of Baltimore shall be by ordinance or resolution. No ordi- nance or resolution shall be passed except by a vote of a majority of all the members elected to each Branch, and on its final passage the vote shall be taken by yeas and nays, the names of members voting for and against the same being entered on the journal. Every ordinance APPROPRIATIONS. Appropriations to aid institutions of a benevolent and charitable char- acter not created by municipal power conferred on the Mayor and City Council of Baltimore, are unauthorized. St. Mary’s Industrial School v. Brown, 45 Md. 310. Color Line. The state or a municipality may lawfully grant aid to a private educational institution from which colored people are excluded. Clark V. Maryland Institute, 87 Md. 643. BALLOTS. Appointment of Officers. When a municipality is empowered by charter to provide for the appointment of certain officers, and an ordi- nance provides that these officers shall be chosen by ballot, then, according to the principles of the common law, a blank ballot cannot be counted in estimating the total number of votes cast; and the municipality has no power, to declare by resolution, or adopt by usage, as a rule of procedure, that in the election of officers, a blank ballot shall be counted as a vote. Murdoch v. Strange, 99 Md. 104. BUILDINGS. Refusal of Permits. A municipal ordinance authorizing a permit for a new building to be refused at the discretion of a municipal agency because a building to be erected does not conform in general character to the other buildings in the neighborhood of proposed building is void. The Charter powers to regulate buildings in Baltimore City is limited to regulations guarding against dangers arising from unsafe construction or from the use of inflammable materials, or some similar exercise of the police power. Bostock V. Sams, 95 Md. 400. CITY COUNCIL. City Council Committees . Rule laid down as to when the investigation of a City Council Committee will not be interfered with. Williams v. Smyrk, Daily Record, Febry. 18, 1895. Ordaining phrase. Ordinances and resolu- tions: vote! necessary to pass. To embrace but one sub- ject. 218 ORDINANCES AND RESODUTIONS. When to be- come effec tive: third reading:. enacted by the City shall embrace but one subject, which shall be described in its title, and no ordinance shall be re- vived, amended or re-enacted by mere reference to its title, but the same shall be set forth at length, as in the original ordinance. And no ordinance shall become effective until it be read on three different days of the session in each Branch, unless all the members elected to the Branch where such ordinance is pending shall so determine by yeas and nays, to be recorded on the Journal, and no Provhice of the City Council in relation to power to pass ordinances. Sm3’rk v. Sharp, 82 Md. 97. Tax Rate. The City Council is not authorized to fix the tax rate before the report of the Board of Estimates. Right of the City Council to change appropriation proposed in the Ordinance of Estimates. Baltimore City v. Gorter, 93 Md. 8. CONTRACTS, Contracts with the M imicipality . The rights, powers and liabilities of a municipality' must be considered with reference to the subject matter to which such contracts relate, and the character in which the municipal body acts in making them. But in respect to contracts made by them in the exercise of powers intrusted to them in their municipal character, exclusively for public purposes, courts have no power to review or control their acts, unless they transcend the limits of their delegated powers. Rittenhouse v. Ma\'or, 25 Md. 336. Modification of Contracts. Power of the municipal corporation to modify a contract authorized by the Legislature, discussed in — Cumberland v. Wilson, 50 Md. 138. Ultra Vires Contracts. When the contract is one which a municipal corporation has no authority to make, and is one which will increase the burden of taxation, then an injunction to prevent its execution may issue at the instance of any taxpay'er. Where a special power is conferred upon officers of a municipal cor- poration to make a contract, and the terms and conditions upon which the authority is to be exercised are prescribed, there must be at least a substantial compliance with such terms and conditions, or the contract will be invalid. Baltimore v. Keyser, 72 Md. 109. Same. When an Ultra Vires Contract of Municipal Corporation may become valid. When a contract by' a municipal corporation is ultra vires it becomes valid when subsequently' confirmed by the Legislature, if the PRESIDENT SECOND BRANCH. 219 ordinance shall be read a third time until it shall have been actually engrossed for a third reading. Glenn v. M. & C. C. of Baltimore, 5 G. & J. 424, 429. Central Savings Bank v. Balto. 71 Md. 523. Baltimore City, v. Gorter, 93 Md. 8. Cf., Dren- nen v. Bank, 80 Md. 316. Whitman v. Stoll, 80 Md. 417. Baltimore City V, Stewart, 92 Md. 547. Sindall v. Baltimore City, 93 Md. 526. Hagerstown v. Startzman, 93 Md. 612. 222. In case it becomes necessary for the President of the Second Branch to fill the unexpired term of the Mayor, Branch in case of va- cancy. contract is one which the Legislature might have originally authorized. An injunction will be granted to protect and secure rights acquired under a lawful municipal ordinance. C. & P. Telephone Co. v. Baltimore, 89 Md. 689. Same. Not an Impairment of a Contract. A municipal corporation cannot make a contract which deprives subsequent municipal authorities of their legislative power. The ultra vires contract of a municipal corporation is not within the provision of the Federal Constitution forbidding the impairment of contracts, because where no valid contract exists, there can be no impairment of its obligation. Westminster Water Co. v. Westminster, 98 Md. 551. ESTOPPEL. Application of the Doctrine to a Municipal Corporation. The doctrine of estoppel applied against the city in a case where the act done, was strictly within the powers of the Mayor and City Council of Baltimore, but the corporation failed to comply with some formality or regulation which it should not have neglected. Rose V. Mayor, 51 Md. 256. FRANCHISES. Franchises granted by the Legislature cannot be annulled by ordinance of the Mayor and City Council of Baltimore. Lake Roland Elv. R. R. Co. v. Baltimore, 77 Md. 352. IMPROVEMENTS. Abandomrient of same by City. A municipal corporation has the right to abandon any contemplated improvement and repeal at its pleasure any ordinance providing for the same, and after such abandonment property owners cannot compel the corporation to take and pay for property condemned for such purposes; nor does any action lie for an abandonment merely. But where the owner of property suffered loss or damage by the acts or delay of the corporation in any such case, he is entitled to redress for the same. Mayor v. Musgrave, 48 Md. 111. Lake Roland Elv. R. R. Co. v. Bal- timore, 77 Md. 352. 220 MISCELLANEOUS LOCAL LAWS. as herein provided, the Second Branch shall thereupon elect a new President for the unexpired term, but they shall not elect as such President one of their own number. LEGISLATURE. Power to make Valid Defective Municipal Proceedings. The Legis- lature in an act conferring powers upon a municipal corporation, may make valid previous defective proceedings. M. & C. C. of Baltimore v. Reitz, 50 Md. 574. Power to 7nake Valid Ultima Vires Contract. The principle that the Legislature may render valid a contract made by a municipal corporation, though ult7'a vires at the time it was made, if the contract is one which the Legislature might originall}" have authorized, applies with peculiar force to the case of a contract relating to work in which the public is interested and which is for the public benefit after it has been executed. O’ Brian v. Baltimore County, 51 Md. 15. LICENSES. Power to Impose License Fees. A municipal corporation is not author- ized to impose license fees or taxes upon particular trades or industries, unless the power to do so has been conferred upon the municipality by the State. Cambridge v. Water Co., 99 Md. 503. markets. Police Power. The right to regulate markets is a police power. State V. Rowe, 72 Md. 548. MAYOR AND CITY COUNCIL OF BALTIMORE. Nature of the Corforatio^i . The Mayor and City Council of Baltimore are but trustees of the public ; the tenure of their office impresses their ordinances with liability to change. They could not, if they would, pass an irrevocable ordinance. The corporation cannot abridge its legislative powers. State V. Graves, 19 Md. 351. Lake Roland Elv. R. R. Co., v. Balto., 77 Md. 352. Public Convenience and Welfare. When the power is conferred upon the Mayor and City Council of Baltimore to do certain acts when, in its opinion, “the public convenience and welfare require it,’’ its judgment upon the question is final. Mayor, &c., of Balto. v. Clunet, 23 Md. 450. ORDINANCES. Compilation of Ordifiances. It is competent for a municipal legisla- ture by a single ordinance to declare any compilation of ordinances or COURT OF ARBITRATION. 221 MISCELLANEOUS LOCAL LAWS." ARBITRATION — COURT OF 1878, ch. 383. P. L. L., (1888) Art. 4, Sec. 65. 223. The Board of Trade shall have power and author- ity to create and organize within itself a Court of Arbi- dSe^coS tration for the adjudication and settlement, according to the principles of law, equity and commercial usage, or of either, applicable thereto, of any and all controversies con- cerning or growing out of contracts of sale, manufactur- ing or letting on rent ; of the making or negotiating or transfer of bills of exchange, promissory notes, bills of lad- ing, railroad, warehouse or similar receipts, and other such commercial paper ; of guaranties, of agency, of bailment, of partnership, of insurance, of affreightment, or of any other transaction, of whatever specific class, pertaining p roposed ordinances to be in force, in the absence of a statutory prohibition. Garrett v. Janes, 65 Md. 260. Co7istruction of Ordinances . A municipal corporation may pass an ordinance within the limits of its delegated powers, contingent as to its operation and effect on the existence or occurrence of facts germane to its subject matter. The same general rules of construction which govern the interpretation of Acts of the Legislature are equally applicable to the legislative acts of a municipal corporation. Mayor v. Hughes, 1 G. & J. 480. State ex. rel. Mayor v. Kirkley et al. 29 Md. 85. General Ordinances. Rights of a citizen under general ordinances — When a citizen is entitled to certain rights under a general municipal ordinance, he cannot be deprived of them by a resolution of the City Council which excepts him from the operation of the ordinance, but leaves it in force. Gallagher v. Flury, 99 Md. 181. New Charter . — Its effect upon existing ordinances. Bostock V. vSams, 95 Md. 400. **Note. — As to rule when Public Local and Public General laws con- flict, see, Everett v. Avery, 19 Md. 143. Mayor v. Groshon, 30 Md. 436. Cooper v. Holmes, 71 Md. 20. McCracken v. State, 71 Md. 54. State V. Falkenham, 73 Md. 466, 467. Hooper v. Creager, 84 Md. 259. Herbert v. Co. Com’rs, Balto. Co., 97 Md. 639. 222 MISCELLANEOUS LOCAL LAWS. Controversies to be sub- mitted in writing. to trade, commerce, navigation, manufactures or mechan- ical arts, or business connected with any of these, or con- tracts for personal work, labor and service done or render- ed, or to be done or rendered, in and about the pursuit and transactions of trade, commerce, navigation, manufactures or mechanical arts, one or more of the parties to which controversies is or are members of the said corporation, in all cases wherein such controversy is by the consent of all the parties thereto, signified by a submission in writing, referred for adjudication and settlement to said court. Ordinance of Estimates, Powers of City Council and Board of Esti- mates in relation thereto under the New City Charter. Baltimore City v, Gorter, 93 Md. 8. Ordinances. An ordinance has all the force of statute law upon the City itself and all its citizens, and it can no more be ignored by the municipal corporation or any of its branches of government, than it could be by the humblest citizen. Bond V. Malster, Daily Record, July 6, 1899. Preamble of Ordinance or Statute, may be a key to its proper construc- tion and interpretation. Mayor v. Moore, 6 H. & J. 381. Recitals in Ordmances oj Basis of Power Unnecessary . Where the power actually exists to pass an ordinance, no power need be stated therein as its basis. Methodist Protestant Church v. Mayor, &c., 6 Gill 391. Baltimore z/. Ulman, 79 Md. 384. Repealing Ordinances. A repealing ordinance cannot affect or destroy any right which was acquired under the first ordinance before its repeal. McMechin v. Mayor, 2 H. & J. 41; 3 H. & J. 534. Same. Priority Between Ordinances . Repeal of ordinances by impli- cation. Smyrk v. Sharp, 82 Md. 97. Validity of Ordinances. An ordinance is not invalid and void simply because in its passage the rules of procedure of the City Council have been violated, and the Court cannot inquire into such violation. Zeiler v. Hooper, Daily Record, September 23, 1896. Violatio7i of Mimicipal Ordinafices. When restrained. The violation of a municipal ordinance will not be restrained by injunction at the instance of a party who does not show that such violation will work some special or irreparable injury to him. King V. Hamill, 97 Md. 103. COURT OF ARBITRATION. 223 1878, ch. 383. P. h. P., (1888) Art. 4, vSec. 66. 224 . In order to the due and effective execution of the to elect a judge power in the next preceding section granted, the said cor- powers of the poration shall have the further power, either directly in corporate meeting, whether the regular annual meeting or a special meeting called for the purpose by reasonable notice to all the members, of the time, place and object thereof, by advertisement in one or more of the daily news- papers of the City of Baltimore, or else by delegation, in such meeting, by rule or otherwise, made through the Void Oi'diiiances. Where a municipal corporation is seeking to enforce a void ordinance, a court of equity has jurisdiction, at the suit of any person injuriously affected thereby, to stay its execution by injunction. Baltimore v. Radecke, 49 Md. 217. Baltimore v. .Scharf, 54 Md. 526. Deems v. Mayor & C. C. of Balto., 80 Md. 172. POWKRvS OF MUNICIPADITY. Definition and Discussion of the Various Mimicipal Powers. Control of the Legislature over corporate powers. M. & C. C. of Baltimore v. State, 15 Md. 376. Glenn v. Mayor, 5 G. & J. 424. A Municipal Corporation cannot abridge, diminish or enlarge its own powers by a rule made by itself. Heiskell v. M. & C, C. of Baltimore, 65 Md. 125. Consb'uction of Powers. The powers of a public corporation are to be strictly construed. Baltimore v. Gill, 31 Md. 375. Delegated Powers. Mayor, &c., v. Hughes, 1 G. & J. 480. Exercise of Powers. Ordinances passed in exercise of particular powers. The exercise of a power delegated to the municipality for the public good, is imperative and not discretionary. What constitutes a valid exercise of a power delegated to the Mayor and City Council of Baltimore. Glenn v. Mayor, 5 G. & J. 424. Mayor, &c., v. Marriott, 9 Md. 160. Deems v. M. & C. C. of Baltimore, 80 Md. 172. Same. Poiver to Provide for Exercise of a Delegated Power. The possession of a power by a corporation to do an act, is of itself the pos- session of the right to provide for the doing of the act by agents. But the giving of a power to a corporation, and the authority to provide for the exercise of the power, are different. The authority to provide for 224 MISCEIvI^ANEOUS EOCAE EAWS. officers and directors, constituting the Board of Directors or management of said corporation, in either case by the concurring votes of a majority of the members of said cor- poration or Board of Directors, as the case shall be, present at such meeting of the one or the other for the purpose — provided there be then and there a quorum present, as constituted by the Constitution, Articles of Association or By-Laws of the said corporation or Board of Directors — from time to time to elect from among those persons who the exercise of a power not being the possession of the power itself, but a right only to confer it, or to authorize the exercise of it by others. Mayor, &c., Balto. v. Howard, 6 H. & J. 389. Legislature. When the Mayor and City Council of Baltimore are presumed to have all the power of the Eegislature in a particular case. Harrison v. Mayor, 1 Gill. 264. Limitation on Exercise of Municipal Powers. The corporate authori- ties of the City can exercise no power which is not, in express terms, or by fair and reasonable implication, conferred upon the corporation. St. Mary’s Industrial School v. Brown, 45 Md. 310. Police Power. The powers of the municipality in relation to streets is classed as belonging to the police power ; it is the duty of the City to preserve them for legitimate purposes. Lake Rol. Blv. R. R. Co. v. Balto., 77 Md. 352. Deems v. M. & C. C. of Balto., 80 Md. 172. Power to Regulate does not include Power to Prohibit. The power given to a municipality to regulate the manner of doing a thing, does not include the power to prohibit altogether the doing of the thing. The power given by statute to the Mayor and City Council of Baltimore to regulate th. 0 ^ manner ot appointing persons to office under the corporation does not embrace a power to destroy the right of the Mayor to nominate such officers, subject to confirmation by the City Council, when such right is expressly conferred b}-^ statute upon the Mayor. Hooper v. Creager, 84 Md. 256. QUORUM. A Majority oi a legislative body is in all cases a quorum, entitled to act for the whole, except when the power that created it has otherwise directed. A majority of the members of each Branch of the City Council of Baltimore is a quorum. Zeiler v. Central Ry. Co., 84 Md. 304. COURT OF ARBITRATION. 225 have been, or before any such election shall have been, ad- mitted to practice law in this State, one learned in the law and possessing such other qualifications as the said corpo- ration shall, by rule or regulation, as hereinafter empower- ed, prescribe, whether such person be a member of said corporation or not, unless otherwise provided by such rule or regulation, as Judge of the said Court of Arbitration, and also to eleqt in like manner, or to provide for the election or appointment of a Clerk of the said Court ; and ^ shall have power also, by rules and regulations duly adopt- ed by the said corporation in such corporate meeting as aforesaid, or by the delegation of said corporation in such meetings made by its said Board of Directors to define the duties, powers and functions of the said Judge and of the said Clerk, and of any other members or officers of the said Court of Arbitration provided for as hereinafter is author- ized, and to determine the jurisdiction of the said Judge, to define original and appellate, whether sitting alone or with laymen, Sf members of the said corporation associated with him, and to fix the term of time for which the said Judge and the said Clerk, respectively, shall be elected, and the terms and conditions upon which each shall hold or continue to hold his office, and the amount and mode of the compensa- tion of each, not to be diminished, however, during the currency of the term of office ; to provide for the appoint- ment of temporary substitutes for the said Judge and the said Clerk, or either, when from any cause this shall be necessary for the prompt administration of the justice of j^ay arbitra- the court, and also for the appointment of lay arbitrators TAXING POWER. Belongs to Legislature . The taxing power belongs to the Legislature and it will not be held as conferred upon a municipal corporation unless it be by express and unequivocal language or necessary implication. State V. Rowe, 72 Md. 548. ULTRA VIRES ACTS. 1 Incapable of Ratificatiofi. Where the Mayor and City Council of I Baltimore has no power to authorize an act to be done, it being ultra , vires, it has no power to adopt it after it is done, I Horn V. Mayor, 30 Md. 218. 226 MISCELLANEOUS LOCAL LAWS. as members of the said corporation, for the hearing and determination of a particular case, either in the first instance with right to the parties, or either of them, to appeal to the said Judge, or as assessors associated with the said Judge when parties so choose, and to define, in such cases, the powers, duties and authority of such lay arbi- ^proSdu?e^of f^^fors or assessors ; and also prescribe the forms and modes hearings of. q£ application, procedure, pleading, practice, trial and process in the said court, in all the necessary details thereof, and the effect of the awards and judgments or decisions of the said court, as to the finality or conclusiveness or other- wise thereof, and the methods and means of securing compliance therewith by the parties ; and also to regulate To regulate costs and fees to be paid by the parties to any such costs and coutroversy so submitted, and the amount and time and manner of payment thereof, and the disposition of such costs and fees ; provided, however, that no such rule or regulation shall be valid if it shall be contrary to the general law of the State, or to natural right or sound reason, or to be intended to provide for enforcing payment or other performance of the award, judgment ar decision of the said Court or Board of Arbitration by any final process of execution otherwise than is directed in the succeeding section. 1878, ch. 383. P. L. L., (1888) Art. 4, Sec. 67. 225. When, in any such case so submitted as is herein- before provided, an award, judgment or decision shall have been rendered by the said Court or Board of Arbitration, that is, according to the rules and regulations hereinbefore authorized, final and conclusive upon the parties, and shall have been recorded by the Clerk of the said Court in a book to be provided and kept for the purpose within a time limited therefor in the said rules and regulations, the suc- cessful party shall have the right to have the said original award, judgment or decision in writing, signed by those members of the said Court or Board concurring therein, and duly certified by the Clerk to be the original award, judgment or decision, under his hand and seal of the cor- poration ; and if the said award, judgment or decision, ARBITRATION AWARDS. 227 shall be for the recovery by the one party and payment to him by the other, of a certain sum of money, the said successful party shall, upon his filing the said award, judgment or decision so certified, with the Clerk of the Superior Court of Baltimore City, or at his option with the Clerk of the Court of Common Pleas of said City, have the by^cferk*S? right to have the same entered by its proper style, in the or name of such successful party as plaintiff, against the losing com"^.^on party as defendant, in its order of time, upon the court calendar or docket of causes to be called at the next suc- ceeding term or rule day of said court, whichever shall first occur, and upon the call thereof in its course, to have judgment at once ordered and entered up, as upon a verdict for the recovery of the same amount, according to the thSom“ practice or said court, and to have process of execution for its enforcement and satisfaction in all respects as if the said amount had been recovered by a judgment of the said court in a regular suit between the same parties in the same relative position on the record, there instituted and prosecuted in the ordinary modes of proceed- ing therein ; but if the said award, judgment or de- cision shall be for the recovery by the one party, and the surrender or delivery by the other to him of the possession of specific property, the said successful party, where jud?- upon filing such award, judgment or decision, so certified recover/of as aforesaid, with the Clerk of the Circuit Court of Balti- more City, or such other court therein as shall at the time have jurisdiction there of causes in equity, shall have the right, on or at any time after the first day of the next succeeding term, or on or at any time after the next succeeding rule day of the said court, whichever shall first occur, to have, upon motion therefor, an order made by the said court, affirming the said award, judgment or decision, and making the same a decree of the said court, and to have the same enforced, if the recovery be of the possession of land, freehold or leasehold, by a writ in the nature of a writ of habere facias possessionem, such as the said Court is authorized to issue for the purpose of putting a purchaser under its decree in possession of the land purchased by him, and to be executed in the same manner 228 MISCEIvLANEOUS EOCAE EAWS. and by the same officer against such losing party to such award, judgment or decision, and any and all and every ^iion other person in possession of said land, claiming the same by issue. virtue of a title derived from, through or under such losing party, and acquired subsequently to the date of such award, judgment or decision, which said writ the said court is authorized and empowered to issue for this purpose upon application in writing of such successful party to the said award, judgment or decision, in person or by attorney, verified by the affidavit of himself or his attorney, unless good cause to the contrary shall be shown by such party in possession within not less than fifteen or more than thirty days after notice in writing of such application served upon such party in possession in person ; and if the recovery be of the possession of personal chattels, by such process of execution and compulsion as in the chancery practice of this State, is usual and proper for the enforcement of a decree for the specific delivery of personal chattels. ARBITRATION COMMITTEE OF THE CORN AND FLOUR EXCHANGE. 1870, ch. 136. P. E. (1888) Art. 4, Sec. 68. Election of 226. The Board of Directors of the Corn and Flour Committee. Exchaugo shall annually elect by ballot, five members of the association, who are not members of the Board, as a committee, to be known as the Arbitration Committee of the Baltimore Corn and Flour Exchange. The Board of directors may, at any time, fill any vacancy in said com- mittee for the remainder of the term in which such vacancy may happen. The duty of the Arbitration Committee shall be to hear and decide any controversies which may arise in business between the members of said organiza- tion or said members and other persons as may be volun- To hear con- tarily Submitted to the said committee for arbitration ; and submutid in such members and persons may by an instrument in writ- wnting. signed by them and attested by a subscribing witness, agree to submit to the decision of said committee any such AWARDS OF CORN AND FROUR EXCHANGE. 229 controversy so arising as might be the subject of an action at law or in equity, except claims of title to real estate. 1870, ch. 136. P. L. L., (1888) Art. 4, Sec. 69. 227. The mode of proceeding of said Arbitration Committee, shall be regulated by the by-laws of the corpo- ration, which shall be substantially complied with in all cases, without prejudice, however, to any award from merely formal irregularity. The said committee shall have power to apply to any Justice of the Peace for the City of Baltimore to issue subpoenas and other compulsory pro- cess to procure the attendance of witnesses before it ; and all justices so applied to in writing, signed by the chairman or acting chairman of said committee, shall issue such pro- cess forthwith, the cost of the same, and of the attendance of the witnesses so summoned, to be the same as in civil suits before such justices, and to be collectible from the parties on whose behalf the said witnesses shall be sum- moned and attend, in the same manner and by the same means, as if adjudged to be paid by a judgment of the jus- tice who shall act in the premises in a civil suit between the same parties depending before him. A majority of said committee may act in all cases, and a majority of such majority shall have power to render an award in the name of and as an act of the committee. No dissenting award or opinions shall be rendered or placed among the proceedings, or upon the records of the committee or the corporation ; the award of the committee rendered in con- formity herewith, and as prescribed by the by-laws, shall be conclusive on all parties to the submission. It shall in all cases be in writing, signed by the members of the com- mittee who agreed upon it, and filed among the proceedings of the committee, but copies shall be given by the secre- tary, with his attestation and the seal of the corporation attached, to the respective parties, as soon as may be after said award shall have been rendered.** **Note. — A s to setting aside an award under arbitration, see, Mitchell V. Price, Daily Record, February 10, 1894. In relation to arbitration and award, see also, Roberts v. Consumers’ Can Co., 102 Md. 362. 230 MISCEI^IvANEOUS EOCAE EAWS. Award by agieement in writing may be final and be enforced by writ of ex- ecution. No jurisdiction in matters af- fecting title to real estate, Stay of judg- ment: strik- ing out judgments; appeals. 1870, ch. 136. P. E. E., (1888) Art. 4, Sec. 70. 228 . If the parties to any submission shall agree to do so they may stipulate as part of said submission, in writing, that the award of the committee rendered in conformity herewith and with the by-laws, shall stand and avail as against them to the same effect as a judgment or decree of a court of competent jurisdiction, in which case either party desiring and entitled to the enforcement of said award, may file a copy of the same and of the submission, attested under seal by the secretary of the corporation, for record with the clerk of any court of this State having jurisdiction of the subject-matter, and the person against whom said enforcement is sought ; and thereupon it shall be the duty of said court, on motion or application, ex parte, at any time after ten days from the filing of the award, to enter judgment or decree thereupon, as upon a final award made by referees under rule of court ; upon which judg- ment or decree, execution shall issue without stay. No matter affecting the title of real estate, however, shall be submitted to or arbitrated by the said committee under this or the preceding section, but the committee may direct in its award the payment of the costs and expenses of the arbitration, and the amount thereof shall be embraced as a principal sum in the judgment or decree to be rendered ; if awarded, to be paid by the party against whom such judgment or decree is sought. No judgment or decree rendered on any such award shall be liable to be stayed, except upon allegation, under oath of the defendant, of manifest fraud in the procurement or rendition of the award, or of a material and substantial failure of the com- mittee specifically alleged and set forth, to comply with the by-laws or sections 226 or 227, in the hearing and determination of the matters submitted ; nor shall any such judgment or decree be quashed, modified or stricken out, except upon satisfactory proof of the matters so required to be so alleged ; neither shall there be any appeal in any case from the original judgment, order or decree, whereby, after a hearing of the allegations and proofs as aforesaid, the said original judgment or decree shall be maintained. ASSAULT AND BATTERY. 231 ASSAULT AND BATTERY. P. L. Iv., (1860) Art. 4, Sec. 155. P. L. L., (1888) Art. 4, Sec. 71. 229 . Any person who shall, without any provocation, " nd assault and beat any person in any of the streets, lanes, ^a. m. alleys or highway of the City of Baltimore, or at any place of public resort or amusement, between the hours of six o’clock in the evening and six o’clock the following morn- ing, or who shall counsel, aid or abet in such assault and battery, shall be fined in a sum not less than twenty-five dollars and be imprisoned not less than one month, or the Judge of the Criminal Court of Baltimore City, or the judge having jurisdiction of the offense, may, in his discre- tion, sentence the person convicted of such offense to con- finement in the penitentiary for a period not less than six months nor more than two years. P. L. L., (1860) Art. 4, Sec. 156. P. L. L., (1888) Art. 4, Sec. 72. 230 . It shall not be necessary to state with more p]eadinj?.s. particularity than is now necessary in proceedings for averments, assaults and batteries, the time or place of such assault and battery in the recognizance or commitment on which the said person is tried, but the said person may be tried on a recognizance or commitment for a common assault and battery, and shall be sentenced by the court according to the facts proved at the trial. P. L. L., (1860) Art. 4, Sec. 157. P. L. L., (1888) Art. 4, Sec. 73. 231 . In case the said person is tried upon a present- Presentment or ment or indictment, it shall only be necessary to allege in necessar3’ al- the presentment or indictment that the offense was committed between the hours aforesaid, and that it was committed on a highway in the City of Baltimore, or at a place of public resort or amusement, without setting forth said highway or place of public resort or amusement by name. % AUCTIONS. 232 . Repealed by Act of 1900, Chapter 208. 232 MISCELLANEOUS LOCAL LAWS. 233. Repealed by Act of 1900, Chapter 208. 234. Repealed by Act of 1900, Chapter 208. P. L. L., (1860) Art. 4, Sec. 88. P. L. E., (1888) Art. 4, Sec. 77. 'cSSiated duties shall be calculated on the sums for and paid, which the property or goods so exposed to sale shall be respectively struck off, and shall in all cases be paid by the person making the sale. state V. Hoboken Bank, 84 Md. 325. P. L. E., (I860) Art. 4, Sec. 89. P. E. E.. (1888) Art. 4, Sec. 78. ^pr1vS?sa”es. 236 . No duties shall be chargeable upon any goods, wares, merchandise or other property sold by any auctioneer at private sale on the days of his public auction, or unless the same be part of what was offered for sale at said public auction or was advertised to be sold thereat. P. E. E., (1860) Art. 4, Sec. 90. P. E. E., (1888) Art. 4, Sec. 79. Duty lien on 237. The duty imposed on all sales of lands, tenements real estate. ^ . , . and hereditaments, or of any interest therein, at public auction in the City of Baltimore, shall be a lien on the said property when sold as aforesaid. state V. Hoboken Bank, 84 Md. 325. P. E. E., (I860) Art. 4, Sec. 91. P. E. E., (1888) Art. 4, Sec. 80. ^pa^?TutV° 238. Every purchaser of lands, tenements or heredita- ments, or of any interests therein, purchased at public auction in the City of Baltimore, shall be bound to pay the auction duty on such sale and be entitled to claim the said payment as a credit on his purchase as aforesaid. state V. Hoboken Bank, 84 Md. 325. P. E. E., (I860) Art. 4, Sec. 92. P. E. E., (1888) Art. 4, Sec. 81. Sale to highest 239. All goods and property, of what kind soever, shall bidder. cases be struck off to the highest bidder ; and where the auctioneer or owner, or any person employed by them AUCTIONS. 233 or either of them, shall be such bidder, the goods or property shall be subject to the same duties as if struck off to any other person ; but this section shall not be construed to render valid any sale that would otherwise be deemed fraudulent and void. Warehime v. Graf, 83 Md. 98. P. L. L., (I860) Art. 4, Sec. 93. P. L. L., (1888) Art. 4, Sec. 82. 1894, ch. 350. 240 . The Governor, by and with the advice and Governor to appoint auc- consent of the Senate, shall biennially appoint as many tioneers. auctioneers in the City of Baltimore as he may think proper, not to exceed thirty. P. Iv. Iv., (1860) Art. 4, Sec. 94. P. P. P., (1888) Art. 4, Sec. 83. 241 . Each person so appointed, the amount of whose saies under sales of goods, wares, merchandise and personal property of every kind, exclusive of his real estate sales and sales of houses, shall not exceed the sum of one hundred and fifty thousand dollars, shall, before entering upon the duties of his office, enter into a recognizance to the State, Recognizance, with two sufficient securities, in the sum of five thousand dollars, conditioned for the payment of the duties herein- before mentioned to the Treasurer of Maryland, and that he shall in all things well, truly and faithfully behave and conform himself according to the true intent and meaning of this law; and shall also pay to the Treasurer of Maryland the sum of four hundred and fifty dollars, as a license. McMechin v. Mayor, 2 H. & J. 4P McMechin v. Mayor, 3 II. & J. 534. P. P. P., (1860) Art. 4, Sec. 95. 1872 ch. 249. P. P. P., (1888) Art. 4, Sec. 84. 242 . Any auctioneer paying the license fee, and exe- ucensee to cuting the bond prescribed in the preceding section, may n^hTsTfgen- make sales of every description of goods, wares and timleer'?’ merchandise of every kind, and real estate, and may exercise all the rights and privileges of a general auctioneer to the extent and amount of the sum prescribed in said section ; and he shall make, under oath, quarterly returns 234 MISCEI.LANKOUS LOCAL LAWS. To make quar- terly returns to Comptrol- ler. Penalty. Sales over $ 150 , 000 . Recognizance. License. Auctioneer of books, maps, prints. Auctioneer for vending horses car- riages, etc. to the Comptroller of the City of Baltimore, showing the full amount of his sales of every kind, distinguishing his sales of goods, wares and merchandise, and personal effects of every kind, from his sales of real estate and houses; and if any auctioneer under said license shall sell any amount exceeding the sum named in the last preceding section, he shall be subject to all the penalties hereinafter imposed upon auctioneers who shall sell without license.** P. L. L., (1860) Art. 4, Sec. 96. P. L. L., (1888) Art. 4, Sec. 85. 243. Each auctioneer so appointed whose sales of goods, wares and merchandise, and personal effects of every kind, exclusive of his real estate sales and sales of houses, shall exceed the sum of one hundred and fifty thousand dollars, shall, before he enters upon the duties of his office, enter into a recognizance to the State, with two sufficient securities in the sum of ten thousand dollars, conditioned as hereinbefore prescribed, and shall pay to the State Treasurer the sum of seven hundred and fifty dollars as a license fee. P. L. L., (1860) Art. 4, Sec. 97. P. L. L., (1888) Art. 4, Sec. 86. 244. If any person so appointed shall desire to pursue the business of an auctioneer for the sole purpose of selling books, maps or prints, by day or by night, he shall be entitled to do so by first entering into a recognizance to the State, with two sufficient securities in the penalty of five thousand dollars, conditioned as hereinbefore pre- scribed, and by paying to the State Treasurer the sum of one hundred and fifty dollars. P. L. L., (1860) Art. 4, Sec. 98. P. L. L., (1888) Art. 4, Sec. 87. 245. If any person so appointed shall desire to pursue the business of an auctioneer for the sole purpose of vending **NoTL. — This section has been modified to conform to the changes in the law made necessary by the repeal of section 233 of this Article, by Act 1900, ch. 208. AUCTIONS. 235 horses and carriages, he shall be entitled to do so by first entering into a recognizance to the State, with two suffi- cient securities in the sum of one thousand dollars, and paying to the State Treasurer the sum of fifty dollars as a license fee. P. L. L., (1860) Art. 4, Sec. 99. P. L. L., (1888) Art. 4, Sec. 88. 246. A license may, on the request and with the Ucense nunc consent of the party, be issued by the State Treasurer, nunc pro tunc, so as to avail him for a year from the day on which his license expired, or in such manner as to avail him for any part of the interval the applicant may desire ; but no license issued under this section shall acquit the party obtaining it of any penalty hereby imposed for selling without license, if prosecution therefor shall have been commenced before such license was obtained. P. L. L., (I860) Art. 4, Sec. 100. P. L. P., (1888) Art. 4, Sec. 89. 247. In case of the death of any auctioneer before the Death of ucen- see. time limited in his license has expired, his co-partner or co-partners, if he has any, or his personal representative, may continue to act under the license for the unexpired term. P. L. L., (1860) Art. 4. Sec. 101. P. L. L., (1888) Art. 4, Sec.' 90. 248. All recognizances directed to be taken by this Recognizances, sub-division of this Article shall be taken by the Clerk of the Court of Common Pleas, and duplicates shall be made of the record of every such recognizance by said clerk, one whereof shall be delivered or be caused to be delivered by such auctioneer to the State Treasurer, within ten days after the date of such record, and the other shall be retained by said clerk, who shall be entitled to demand for the same from the auctioneer the sum of one dollar. P. P. P.,(1860) Art. 4, vSec. 102. P. P. P.,(1888) Art. 4, Sec. 91. 249. The State Treasurer, on his being satisfied that when^s^ate the recognizance herein required has been entered into by is.sue license, any of the persons appointed auctioneers by the Governor, 236 MISCELIvANEOUS EOCAE EAWS. Penalty for selling- -with- out appoint- ment. Penalty for selling with- out recogni- zance and li- cense. Penalty for sales with- out author- ity. and upon his receiving the license fee required from such person, shall issue a general or special license to such per- son as the person may be entitled to, for the term of one year from the date of such license. P. E. L., (1860) Art. 4, Sec. 103. 1872, ch. 249. P. L. E., (1888) Art. 4. Sec. 92. 250. If any person not appointed and authorized in the manner herein directed, nor by nor under some official authority under the laws of the United States, shall sell or attempt to sell any goods, wares, merchandise or effects of any kind, real estate or vessels, in the City of Baltimore, by public auction, he shall be considered guilty of a mis- demeanor, and shall be subject to presentment and indict- ment in the Criminal Court of Baltimore, and shall on conviction, be fined in a sum not exceeding five hundred dollars nor less than one hundred dollars, or be imprisoned for a term not exceeding three months, or both, at the discretion of the court. P. L. E., (I860) Art. 4, Sec. 104. 1872, ch. 249. P. E. E., (1888) Art. 4, Sec. 93. 251. If any auctioneer shall sell any goods, wares, merchandise or effects or vessels, by way of public auction, without having entered into the recognizance and paid the license fee hereinbefore required, he shall be deemed guilty of a misdemeanor, and shall be subject to present- ment and indictment in the Criminal Court of Baltimore, and on conviction thereof shall be fined in a sum not ex- ceeding one hundred dollars nor less than fifty dollars for each and every article so exposed for sale. P. E. E., (1860) Art. 4, Sec. 105. P. E. E., (1888) Art. 4. Sec. 94. 252. If any auctioneer shall sell any goods or property other than such as he is authorized to sell by the terms of his license, he shall be deemed guilty of a misdemeanor, and shall be subject to presentment and indictment in the Criminal Court of Baltimore, and on conviction thereof AUCTIONS. 237 shall be fined in a sum not exceeding one hundred dollars, nor less than fifty dollars for each and every article so sold. P. Iv. L., (1860) Art. 4, Sec. 106. P. L. L., (1888) Art. 4, Sec. 95. 253. If any person commissioned as auctioneer shall Failure to take .,. T license, neglect to take out a license within twenty days alter his penalty, commission shall have been forwarded to him by the Governor, such commission shall be deemed null and void, and the Governor shall appoint some other person to supply the vacancy in the number of auctioneers caused by such neglect. P. Iv. L., (1860) Art. 4, Sec. 107. P. T. L., (1888) Art. 4, Sec. 96. 254. The recognizance herein required shall be annually renewed. Annual renew- al of recogni- zances. P. L. Iv., (1860) Art. 4, Sec. 108. P. P. Iv., (1888) Art. 4, Sec. 97. 255. If any surety of any auctioneer shall remove from New security this State or become insolvent the State Treasurer shall val from demand other surety in his place ; and if the auctioneer solvency of shall neglect or refuse to give other security within three days after such demand is made his license shall thence- forth be null and void to all intents and purposes as if the same had never been granted, and the State Treasurer shall immediately give public notice thereof in two or more public newspapers published in said City. P. L. L., (1860) Art. 4, Sec. 109. P. L. P., (1888) Art. 4, Sec. 98. 256. If any auctioneer appointed under this sub-division Forfeiture of of this Article shall accept at any time during the continu- ff auctioneer ance of his appointment, an appointment as auctioneer Appointment from any other State he shall be deemed to have forfeited state.^”° his appointment under this sub-division of this Article. P. L. L., (1860) Art. 4, Sec. 110. P. L. L., (1888) Art. 4, Sec. 99. 257. Every auctioneer in said City shall designate in partners to be writing his partner or partners, if any are engaged with wA^ufng!" him in his said business, and the houses or stores occupied 238 MISCElvIvANEOUS EOCAE EAWS. Penalty for failure. Mayor to desig- nate places for sale of horses and carriages. Registry of such sales. Deposit of registry at end of each year. Commission on sales of books, etc. by him for the transaction of auction business, and shall deposit such writing with the State Treasurer ; and if any auctioneer in said City shall enter upon the duties of his office before so doing he shall be deemed guilty of a mis- demeanor, and on conviction shall be fined in a sum not exceeding five hundred dollars ; and it shall be the duty of the court before whom such conviction is had, to transmit forthwith a particular report thereof to the Governor, who may in his discretion, inhibit, during his pleasure, the per- son convicted from acting as auctioneer. P. E. E., (1860) Art. 4, Sec. 111. P. E. E., (1888) Art. 4, Sec. 100. 258. The Mayor of the City may designate the place or places for the sale of horses and carriages and make such regulations in respect to the time and manner of selling horses and carriages at auction, and the riding and driving of such horses and carriages, as he shall deem best calculated to promote public convenience and protect the persons of individuals from danger. P. E. E., (I860) Art. 4, Sec. 112. P. E. E., (1888) Art. 4, Sec. 101. 259. Every auctioneer appointed and licensed for the sale of horses shall keep a registry of all horses sold by him, specifying a description of the horse sold, the sum for which he sold, and the name and residence of the seller and buyer, and shall deposit such registry, with an oath of the truth thereof, at the end of each year with the Clerk of the Court of Common Pleas. P. E. E., (I860) Art. 4, Sec. 113. P. E. E., (1888) Art. 4, Sec. 102. 260. No auctioneer specially licensed for selling books, maps or prints shall be entitled to demand or receive, without a previous agreement to the contrary, from any person, directly or indirectly, a commission exceeding seven dollars and fifty cents for every hundred dollars of the purchase money arising from such sales, exclusive of all duties. AUCTIONS. 239 P. L. L., (1860) Art. 4, Sec. 114. P. L. L-, (1888) Art. 4, Sec. 103. 261. No auctioneer licensed to sell to the amount of comnnssions^^ one hundred and fifty thousand dollars, without a previous $150,000. agreement to the contrary, shall be entitled to demand or receive for his services, directly or indirectly, a commission exceeding four dollars clear of all duties, for every hundred dollars of the purchase money arising from such sales.** P. h. Iv., (1860) Art. 4, Sec. 115. P. h. L., (1888) Art. 4, Sec. 104. 262. No auctioneer, licensed generally for the sale of commissions goods, wares and merchandise, exceeding one hundred and of fifty thousand dollars, without a previous agreement to the contrary, shall be entitled to demand or receive for his services, directly or indirectly, a commission exceeding two dollars, clear of all duties, for every hundred dollars of the purchase money arising from such sales, except Exceptions, upon sales of furniture and wearing apparel, upon which they shall be entitled to receive four dollars, clear of duties, for every hundred dollars arising from such sales ; and except also upon the sales of books, stationery, maps and prints, upon which they shall be entitled to receive seven dollars and fifty cents, clear of duties, for every hundred dollars arising from such sales ; and upon these articles the auctioneer mentioned in the preceding section may charge a similar amount. P. L. L., (1860) Art. 4, Sec. 116. P. L. L., (1888) Art. 4, Sec. 105. 263. Any auctioneer who shall receive or accept any pe„aity for ex- greater or higher reward for his services than is authorized thirsts. by this sub-division of this Article, shall forfeit the sum of five hundred dollars for every offence, to be recovered in the name of the State by suit, or by indictment in the Criminal Court, one-half to the use of the State and the other half to the use of the party prosecuting for the same. **See decisons of Brown, C. J., in the City Court, March, 187^, in cases, Henry Linker v. Woodville and Norman, and Grotjan and Mitchell V. Emerick. 240 MISCKI.I.A.NKOUS I.OCAI. I.AWS. P. L. Iv., (I860) Art. 4, Sec. 117. 1872, ch. 249. P. L. L., (1888) Art. 4, Sec. 106. Who may sell 264. No auctioiieer shall authorize or permit any person under auc- ^ i i tioneer's li- whatovor to soll any property ot any description whatever, under and by virtue of his license, unless the person so authorized or permitted is actually and bona fide in the employment of such auctioneer, and is actually and bona fide a resident of Baltimore City at the time of such employment, and the commissions on such sales are actually and bona fide for the benefit of such auctioneer ; and no license shall be construed to authorize the holder to sell at more than one regular establishment, but an auctioneer may sell public stocks, houses, lots and furniture, or ships or vessels, on the premises where the same may be, or at the exchange, or goods in the original form and packages as imported, and bulky articles, such as have been usually sold in warehouses or in the public streets or on the wharves, at such other places within the City as shall be desired by the owner or importer of such bulky articles or imported goods. P. L. L., (1860) Art. 4, Sec. 118. 1872, ch. 249. P. L. L., (1888) Art. 4, Sec. 107. Penalty. 265. If any auctioneer shall violate any of the provisions of the last preceding section he shall be deemed guilty of a misdemeanor for every such violation, and shall be subject to presentment and indictment in the Criminal Court of Baltimore and on conviction thereof shall be fined in a sum not exceeding two hundred dollars, nor less than one hundred dollars. P. Iv. Iv.. (1860) Art. 4, Sec. 119. P. Iv. Iv., (1888) Art. 4, Sec. 108. Quarterly re- 266. Evory auctionoor within thirty days after the &mpt?oiier. fii*st days of January, April, July and October of the year for which he shall have been appointed, and in each and every year that he shall hold and continue in the office and duty of such auctioneer, shall render to the Comptroller of the City of Baltimore a true and particular account in writing of the money or sums of money for which any AUCTIONS. 241 goods, wares or merchandise, or other property of every kind, shall have been sold at every sale since entering on the duties of his office, or since the last account was rendered, of the amount of each day's sales and the days when sold, distinguishing the sales made by him personally or in his presence, and those made by his partner or partners or clerk, in consequence of his absence ; setting forth, also, the amount of all goods, wares, merchandise and other property sent or entrusted to him, his partner or partners for sale, and by him or them sold at auction, and the days on which the same were sold, and particularizing the amount of the several duties chargeable on said sales, duplicate copies of which said accounts, properly sworn to as required in section 267, shall be transmitted to the Comptroller of the State, by every such auctioneer, within the said thirty days after the said first days of January, April, July and October of the year or years as aforesaid ; and every auctioneer shall, within thirty days after rendering such account, pay over to the said Comptroller of Baltimore City, for the use of the State, subject to provisions hereinafter contained, all such sum or sums of money as appear to be due from him to the State for duties, according to law. Information to be furnished. P. L. L., (1860) Art. 4. Sec. 120. 1872, cli. 249. P. L. P., (1888) Art. 4, Sec. 109. 267 . The auctioneer making such returns, at the time Returns to be of making the same shall take before some Justice of the certified. Peace, or Judge of a court of record the following oath ; ‘ ‘I , do solemnly and sincerely swear that the account now exhibited by me, and to which I have subscribed my name, contains a just and true account of all the goods, wares and merchandise, and property of every kind, sold or struck off by me at public sale, or sold at private sale, on the days of my public auctions, or sold or struck off as aforesaid by my co-partner or co-partners (if any there be) , or by others in my name, or under my direction, and in my actual and hona fide employment (as the case may be) , and the days upon which the same were respectively sold ; that I have examined the entries of all 242 MISCELLANKOUS EOCAE EAWS. Who may si: certificate. Penalty for failure to make re- turns. sales mentioned in said account in the books kept by me for that purpose, and I fully believe this account to be correct ; and, further, that I have, during the time mentioned, conformed in all things to the provisions of the law relating to auctions in Baltimore City, according to the best of my knowledge and belief, so help me God. ’ ’ And he shall cause a certificate of the fact that he has taken such oath, duly signed by said Justice or said Judge, and a certificate of the Clerk of the Superior Court of Baltimore City, of the official character of said Justice when signed by him, to be annexed to said return ; and no account or return of sales, as provided to be made and rendered in the preceding section shall be deemed or held to be ‘ 'a true and particular account,” within the meaning of said preceding section, unless the oath herein provided is made and annexed to such account or return of sales ; and the auctioneer refusing or neglecting to make and to annex such oath shall be liable to be proceeded against as if he had not made and rendered any account on return of sales as required by law. P. L. E., (I860) Art. 4, Sec. 121. 1872, ch. 249. P. E. E., (1888) Art. 4, Sec. 110. 268. If any auctioneer shall refuse or neglect to trans- mit to the State Treasurer a duplicate of the record of his recognizance as before required, or shall neglect or refuse to render an account of sales to the Comptroller of the City of Baltimore quarter-yearly, or shall refuse or neglect to transmit a duplicate copy of such account to the Comptroller of the State within the time or times limited for rendering such account or transmitting such duplicates as provided in section 266, or shall refuse or neglect to pay over to the Comptroller of the City the money or moneys due from him to the State for duties, according to law, within thirty days after rendering such account, he shall, in and for each and every such case of refusal or neglect, be deemed guilty of a misdemeanor, and shall be subject to present- ment and indictment in the Criminal Court of Baltimore, and on conviction thereof shall be fined in a sum not exceeding seven hundred dollars, nor less than one hundred AUCTIONS. 243 dollars, and on conviction shall further be deemed to have forfeited his appointment as auctioneer, and shall be dis- qualified from acting as auctioneer under the same ; pro- vided, it shall be competent for such auctioneer at the trial of such suit to give in evidence every matter or thing going to show a satisfactory excuse on his part for such neglect or refusal ; and if the jury before which such suit shall be tried shall think such excuse satisfactory, they shall return a verdict for the defendant ; the defendant, how- ever, in such case to pay the costs of the prosecution and provided further, that no suit or indictment, or conviction, under this section, for the penalties herein contained, shall be held to bar or prevent the State from bringing such civil action or actions in any of the courts of this State against any auctioneer, or on his bond, for the recovery of money that may be due the State, or for the non-perform- ance or mis-performance of any duty imposed upon him by this sub-division of this Article, and for which a civil action would lie against him or on his bond. P. L. L., (1860) Art. 4, Sec. 122. P. h. h., (1888) Art. 4, Sec. 111. 269. Every auctioneer who, within the period limited Affidavitwhere for his accounting shgll have made no sales of goods or been made, property of any kind liable to auction duties, shall make and subscribe an affidavit of those facts before the Judge of the Court of Common Pleas, and shall transmit a copy of the said affidavit, certified by said Judge, to the State Treasurer, within the same time that an account is required to be rendered, under the penalty prescribed in the last preceding section. P. L. L., (1860) Art. 4, Sec. 123. P. L. P., (1888) Art. 4, Sec. 112. 270. It shall not be lawful for the Governor to nominate Di.squaiifica- to the Senate as auctioneer any person who shall not have to s/uie settled in full at the Treasury office for all amounts due from him on account of auction duties. 244 MISCELI.ANEOUS EOCAE EAWS. P. L. E., (1860) Art. 4, Sec. 124. 1872, ch. 249. P. E. E., (1888) Art. 4, Sec. 113. Penalty for malfeasance in his office. Bond also liable. 271. If any auctioneer shall be guilty of any fraud or deceit in the discharge of the duties of his office, or shall elude or defeat any provisions of this sub-division of this Article, for a violation of which no penalties are therein specially prescribed, he shall be guilty of a misdemeanor and subject to presentment and indictment in the Criminal Court of Baltimore, and on conviction thereof shall be fined in a sum not exceeding one thousand dollars, nor less than one hundred dollars for every such offence ; and if any auctioneer shall pay or cause to be paid directly or indirectly, to any trustee, attorney, executor or adminis- trator, selling real estate or property of any kind under any order of any court, or under any power of attor- ney, any portion of the fee or commission received or receivable by him, and charged by him in his account for making any sale of such real estate or property for such trustee, attorney, executor or administrator, he shall be deemed guilty of a misdemeanor, and on conviction thereof in the Criminal Court of Baltimore shall be fined in a sum not exceeding two hundred dollars, nor less than fifty dollars, for every such offence, and such trustee, attorney, executor or administrator receiving or retaining such portion of such fee or commissions, and not accounting for it to the proper parties, shall be liable in a suit on his bond for double the amount so received or retained by him, to the cestui que trust, the principal, or to any person interested in the estate which he represents. P. E. E., (I860) Art. 4, Sec. 125. P. E. E., (1888) Art. 4, Sec. 114. 272. If any person shall, within seven days after any such offence shall be committed, prosecute for the penalties imposed by this sub-division of this Article, the State Treas- urer, upon information thereof having come to his knowl- edge, shall direct the State’s Attorney for the City of Baltimore to prosecute for the same ; and the penalties when recovered shall be paid into the treasury for the use of the State. AUCTIONS. 245 P. L. L., (1860) Art. 4, Sec. 126. P. h. h., (1888) Art. 4, Sec. 115. 273. If any person shall wilfully swear falsely touch- Perjury, ing any matter hereinbefore required in this sub-division of this Article to be verified by oath, he shall suffer the pains and penalties which by law are prescribed for wilful and corrupt perjury ; and if an auctioneer, shall also forfeit his office. P. P. P., (I860) Art. 4, Sec. 127. 1872, ch. 249. ‘ P. P. P., (1888) Art. 4, Sec. 116. ; 274. The proceeds of such auction duties to the amount 120,000 of du- I of twenty thousand dollars shall be paid over by the Comp- pafd^o^city t troller of the City, as the same shall be received by him, [Sg^channei to the Mayor and City Council of Baltimore, to be by said harbor. Mayor and City Council of Baltimore annually appropriated ^ to the purpose of deepening and improving a channel in I the Chesapeake Bay and Patapsco River and the harbor of ■ the City of Baltimore. P. P. P., (I860) Art. 4, Sec. 128. 1872, ch. 249. P. P. P., (1888) Art. 4, Sec. 117. 275. It shall be the duty of the Mayor and City h>jsburs^^ Council of Baltimore, on or before the fifteenth day of September in each year, to report to the Comptroller of the State a fair and strict account of their disbursement of the fund arising from said auction duties, as to the amount the same are appropriated in the preceding section in relation to the deepening and improving said channel, Patapsco River and Baltimore City harbor ; and the said Comptroller shall report the same to the General Assembly. ; P. P. P., (I860) Art. 4, Sec. 129. 1872, ch. 249. 1 P. P. P., (1888) Art. 4, Sec. 118. 276. If the net proceeds of said auction duties shall what shaii be ij exceed the sum of twenty thousand dollars, the excess of TrUsurer.^ ^ i| said duties above that sum shall, for each and every year .. that they shall exceed that sum, be paid over by the : I Comptroller of the City of Baltimore to the Treasurer of ' [ the State ; and in case of such excess as aforesaid, the 246 MISCElvIyANKOUS LOCAL LAWS. Comptroller of the City shall also render to the Comptroller of the State a brief statement or account, showing the amounts received by him on account of auction duties, the amount paid the Mayor and City Council of Baltimore, under Section 274, and the balance due the State and payable to the State Treasurer— which said balance, if any, and whenever the same shall arise from said auction duties, shall be paid to said Treasurer on or before the twenty-fifth day of September in each and every year. P. L. L., (1860) Art. 4, Sec. 130. P. L. L., (1888) Art. 4, Sec. 119. ^2^^276°“^ 277. The provisions of the three preceding sections shall not have any effect if the City of Baltimore, by ordinance or otherwise, shall make any charge on articles passing over or deposited on the wharves of said City for a less time than one day, for the purpose of delivery only, from or on board of any vessel trading within the limits of this State, other than the regular wharfage chargeable on such vessel. P. L. L., (1860) Art. 4, Sec. 131. P. L. L., (1888) Art. 4, Sec. 120. 27 S. Nothing contained in this sub-division of this Article shall prohibit the sale of leather, iron or tobacco, by the person who manufactured the same, without the license herein required. BAIL. 1898, ch. 138, Sec. 207A. Court to fix §278a. The Clerk of the Criminal Court of Baltimore bS? t^ke^i by shall have power at any time to take bail when authorized clerk. ]^y the court, whether the court is in session or not, and although the defendant is not present or does not join in the recognizance , but in all cases, before bail is taken by the Clerk, the court shall fix the amount thereof.** — In relation to bail, see, Smith v. Fowler & Thomas, Daily Record, March 11, 1903. BAIL. 247 1898, ch. 138, Sec. 207B. §278b. Whenever any person charged with a criminal Recognizor to 1 •! 1 • • particu- offence desires to be admitted to bail, his recognizor, larsofprop- • 1 n erty before except as provided for in the next succeeding section, shall baiusaccept- sign and make oath to an application in which shall be stated the location of his property, his interest therein, its value, ground rent, mortgages, and other recognizances and incumbrances, if any, to which it may be subject, and such other matters as may be inquired of, and required to be inserted in the application by the clerk to whom such application is made, to enable such clerk to determine the value of the security offered. 1898, ch. 138, Sec. 207C. §278c. The Clerk of the Criminal Court of Baltimore Duty of cierk. may, when so ordered by the court, admit any person to bail on his own recognizance, or may accept a recognizor without stated property qualifications. 1898, ch. 138, Sec. 207D. §278d. It shall be sufficient for recognizances taken in Formula to be the Criminal Court of Baltimore, when signed by the judge taking recog- or the clerk thereof, to conform to the following formula ; “You and each of you acknowledge yourselves to owe and stand indebted to the State of Maryland in the sum of dollars for the appearance of at this court on the day of 18 , to answer the charge alleged against him, and to attend this court thenceforth from day to day until discharged therefrom in due course of law.” 1898, ch. 138, Sec. 207E. §278e. Every recognizance taken in any criminal Recognipnces proceeding in Baltimore City shall be a lien upon the p°rop®rty!°" property of the recognizor mentioned in his application from the date of the acknowledgment of such recognizance, unless such recognizance shall have been acknowledged before a police justice or before a court upon writ of habeas corpus, in which it shall be a lien from the time it 248 MISCELLANEOUS LOCAL LAWS. Names of re- cognizors to be recorded. Who may be accepted as recognizor. Offences not bailable. is filed with the clerk of the Criminal Court of Baltimore. When any recognizance is forfeited it shall become a judgment, and shall have all the effects of judgments rendered in civil causes, and may be enforced by execution by order of the State’s Attorney at any time within six years from the date of the forfeiture, and not afterwards. 1898, ch. 138, Sec. 207F. §278f. It shall be the duty of the clerk of the Criminal Court of Baltimore immediately to record, in a properly indexed book to be provided for that purpose, the names of the persons who have entered into recognizances, the date of the filing of the recognizance with the clerk of the Criminal Court, if such recognizance has been acknowl- edged before a police justice, or before some other court upon writ of habeas corpus, the amount thereof, and the date of the acknowledgment of the same ; the location of the property mentioned in the application, and when any recognizance shall be forfeited ; and when any forfeiture shall be stricken out or discharged, it shall be the duty of the said clerk to make an appropriate entry in said book, showing such disposition of the recognizance or the forfeiture, together with the date thereof. 1898, ch. 138, Sec. 207G. §27 8g. Any officer having power to admit to bail may accept as recognizor any bonding, guarantee or trust com- pany incorporated under the laws of the State of Maryland, or under the laws of any State in the United States, and do- ing business in the city of Baltimore, which is authorized by its charter to become surety on official bonds. 1898, ch. 138, Sec. 207H. §278h. No police justice of the City of Baltimore shall accept bail for persons charged with manslaughter, murder or any offense the punishment for which may be death ; any such justice may, in his discretion, accept the bail for any person charged with the commission of any felony other than those above mentioned, and any misdemeanor BAIL. 249 the punishment for which may be confinement in the pen- ^^l^demTan- itentiary ; and whenever bail is offered for any person ^^aiiabie. charged with the commission of any misdemeanor other than those already set forth, such justice shall accept the same ; provided he is satisfied with the security offered. 1898, ch. 138, Sec. 2071. §278i. Whenever a person charged with a bailable, oath to be ii - taken to de- criminal offense before a police justice desires to be admit- terminese- curity. ted to bail, his recognizor shall sign and make oath to an application in which shall be stated such matters as may be required of, and required to be inserted in such application by the police justice to enable him to determine the value of the security offered. Any recognizance acknowledged before such justice shall be good, although the defendant does not join in the same. 1898, ch. 138, Sec. 207J. §278j. Whenever any person charged with the Recognizances commission of a criminal offense is admitted to bail by a record°“f the police justice for appearance in the Criminal Court of Court if of- Baltimore, such justice shall forthwith deliver the recog- me^d tLreinT nizance to the clerk of said court, such recognizance shall then become a record of said court, and may be forfeited, and the forfeiture may be enforced in the same manner as if the recognizance has been taken by the court. 1898, ch. 138, Sec. 207K. §27 8k. Whenever any person charged with a criminal Bau to be for- offense before a police justice is admitted to bail for further non-appear- hearing, if such person does not appear at such hearing according to the tenor of his recognizance, it may be forfeited. If forfeited, the justice shall note the forfeiture on the recognizance and deliver it to the • clerk of the Criminal Court of Baltimore, the said forfeited recognizance shall then become a record of said court, and shall have the same effect and may be enforced in the same manner as if it had been taken and forfeited by the court. 250 MISCElvIvANEOUS LOCAL LAWS. When present able. Hours of clos- ing bank on Saturday. When bills, checks, drafts and notes falling due on any half-holiday Saturday are payable or presentable for accept- ance or pay- ment: when notice of pro- test, etc., may be given; rule as to col- lection of ne- gotiable paper. . BILLS OF EXCHANGE AND PROMISSORY NOTES.* 279. Repugnant to provisions of Act 1898 , ch. 198 . See proviso, section 3 , Act 1898 , ch. 123 , post. 1892, ch. 462. 1898, ch. 198, (Sec. 120A). §27 9a. Any bill of exchange, bank check, draft or promissory note presentable for payment or acceptance in - the City of Baltimore on the first day of the week commonly called Sunday, shall be deemed to be presentable for pay- ment or acceptance on the next succeeding secular or business day. 1892, ch. 462. 1898, ch. 198, (Sec. 120B). §279b. It shall be lawful for banks and bankers in the City of Baltimore to close their doors for business at twelve o’clock on each and every Saturday in the year, and every Saturday in the year after twelve o’clock noon, shall for all purposes whatever, so far as regards the presenting for payment or acceptance and the protesting and giving notice of the dishonor of bills of exchange, bank checks, drafts, promissory notes and other negotiable papers, be a legal half holiday, and shall be treated and considered as the first day of the week, commonly called Sunday, and all such bills, checks, drafts and notes, which, on their face, or under any existing law or by the provision of this Act shall be payable or presentable for acceptance or payment on any half-holiday Saturday shall be deemed to be payable or presentable for acceptance or payment, and notice of pro- test and dishonor thereof may be given on the next suc- ceeding secular or business day ; provided, that checks and papers payable at sight, or on demand, presentable for payment on half-holiday Saturday may, at the option of the holder thereof, be payable and presentable for acceptance or payment on such half-holiday Saturday before twelve o’clock noon ; provided further, that for the purpose of protesting or otherwise holding liable any party *Note. — W hen protest notary unnecessary to hold indorser, see^ Kirk V. Belts, Daily Record, March 26, 1891. BUILDINGS. 251 to any such check or paper payable at sight, or on demand, presentable for payment on any half-holiday Saturday, and which shall have been presented and dishonored on such half-holiday Saturday, notice of protest and dishonor thereof may be given on the next succeeding secular or business day ; and provided further, that whenever any person shall receive for collection in said City of Baltimore, any bill of exchange, bank check, draft or promissory note due and presentable for acceptance or payment on any half-holiday Saturday, such person shall not be deemed guilty of any neglect or omission of duty, or incur any liability in not presenting for payment or acceptance, or collecting such bill of exchange, bank check, draft or promissory note on that day ; and provided further, that in construing this section, every half-holiday Saturday shall, until twelve o’clock noon, be deemed as a secular or business day. 1892, ch. 462. 1898, ch. 198, (Sec. 120c.) §279c. Whenever any bill of exchange, bank check, ^"computed L draft or promissory note shall be presentable for payment secular in the City of Baltimore on the secular or business day next succeeding the day on which it would otherwise have been presentable for payment, interest on the same shall be computed down to and including such secular or busi- ness day. BUILDINGS. 1880, ch. 133. P. L. L., (1888) Art. 4, Secs. 125-128, 131A, 131B. 1896, ch. 363. 280. It shall not be lawful for the owners or lessees of Aisles of any public hall, church, school or place of amusement, ha’n^Jnd in the Cities of Baltimore, Annapolis, Cumberland, Fred- amuSmlnt erick, Hagerstown or Frostburg, to obstruct, or allow to s\°uc”te’d . be obstructed by others, any of the aisles or passage-ways in the auditorium of said halls, churches, schools or places of amusement, by placing therein any benches, chairs or stools, or other articles that may prevent free ingress or egress during the hours that said places may be open to the public. Said owners or lessees, or their agents, are 252 MISCELLANEOUS LOCAL LAWS. required to keep open at all hours during the time said halls, churches, schools or places of amusement are open to the public, all doors giving ingress or egress, unless said doors open outward from said places ; then the same may be closed, but no hindrances, such as locks or catches of any kind, shall b*e allowed to obstruct or prevent instant and easy egress through the same ; and when said doors open inwards, it is required of said owners, lessees or their agents, that said doors shall be fastened securely and firm- ly open. Owners or lessees, or any person holding under them, or their agents, violating any of the provisions aforesaid, shall, on conviction thereof, be fined by the court before which such conviction is had for any violation. Penalty. ^ cxcceding five hundred dollars, to be recovered as other fines in this State, one-half of which shall shall go to the State and the other half to the Cities where such violations occur and convictions thereof are had. It is Grand jurie.s to ^^de the Special duty of the Judge or Judges of the courts anTpou?? to having criminal jurisdiction in said Cities of Baltimore, se/vIn^°of Annapolis, Cumberland, Frederick, Hagerstown and Frost- reguiations. to especially charge the Grand Juries of said courts upon the execution of the foregoing provisions ; and the police authorities of said Cities are especially charged with the execution thereof, and to that end shall direct nightly examinations by some of their officers, of all such places. It shall not be lawful for any person, agent, owner or proprietor of any sweat-shop or factory where four or more persons are employed, to use any coal oil, gasoline, or any Lighting of other explosive or inflammable compound for the purpose of ^Sated^ lighting or heating in any form ; and any person, agent, penalty. Qwner or proprietor violating this provision shall be guilty of a misdemeanor, and on conviction thereof, be fined by the court before which such conviction is had, for every violation, the sum of one hundred dollars and costs, and stand committed until such fine and costs be paid. The Lire escapes to owner or owners of any such house or building used as a pL^auy!^^^^’ sweat-shop or factory where four or more persons are employed as garment workers, on other than the first floor of such house or building, shall provide fire-escapes for the same ; and if any owner or owners of any house or building CARRIAGES AND HORSES. 253 SO used, fail to make or provide a fire-escape, such owner or owners shall pay a fine of two hundred dollars, to be recovered as other fines in this State, or imprison- ment in the City Jail for sixty days, or both fine and imprisonment, in the discretion of the court.** 1900, ch. 274. §280a. Before the Appeal Tax Court of Baltimore City to be g*rants any permit for the erection of new buildings it beforrAp-”^ shall be shown to the said Court to its satisfaction that all courushaii taxes due and unpaid are fully paid upon the land on which said new buildings are proposed to be erected, and no permit, as aforesaid, shall be issued until the court is so satisfied, and an appeal is allowed from this as in other cases before said court, as is allowed by law. CARRIAGES AND HORSES. Hackney Carriages. P. L. L., (1860) Art. 4, Sec. 140. 1865, ch. 90. P. L. E., (1888) Art. 4, Sec. 135. 1892, ch. 631. 281. The Board of Police Commissioners of the City of Baltimore shall determine and fix the rate of fare to be charged by the owners of hackney carriages in said City ; and every owner of a hackney carriage who shall have obtained a license therefor, as required by the ordinances of the Mayor and City Council of Baltimore, shall be authorized and entitled, during the time in such license specified, to ask, charge and receive, as a compensation, **Note. — In relation to the provisions in section 280 regulating sweat shops, it may be of interest to note that the Act of 1902, ch. 101, known as the “Sweat Shop Law” was held invalid, in that it was not a just and reasonable police regulation, and that it interfered with the right of the citizen to enjoy the free and profitable use of his property and also with his right of personal liberty, without due process of law. State z>. Eegum, Daily Record, November 18, 1902. Note. — For Acts of Assembly relative to Burnt District and Burnt District Commission, see appendix, post, page 254 MISCKlvIvANEOUS LOCAL LAWS. evcry person using the same, the rates of fare and com- Boar/Sf p?" pensation and hire prescribed by the said Board of Police ^one^srpro-' Commissioners, and no more ; provided, that the provisions of this section shall not apply to the owners of hackney carriages who conduct their business exclusively at their respective stables. P. L. L., (1860) Art. 4, Secs. 143, 144. 1865, ch. 90. P. L. L.. (1888) Art. 4, Secs. 136, 137. 282. The owner of every licensed hackney carriage, other than those excepted in the preceding section, before he shall be entitled to charge, ask or receive any hire or compensation for the use thereof, shall cause the number of such carriage, as stated in his license, in plain and easily legible figures, at least two inches in length, to be riage to be painted or otherwise delineated in conspicuous places on conspicuous- each side of such carriage, both within and without, and shall also keep in at least two conspicuous positions in the interior of such carriage a copy of the rates of fare or charges prescribed by the Board of Police Commissioners, as aforesaid, printed on white paper card, with black ink, by types of a size not less than long primer, so that the same may be conveniently seen and read in the daytime by any person who may be a passenger in said carriage. ^ v 1 oiitin°g sec- Every owner of a hackney carriage licensed as aforesaid, ti^ons 281 and which any higher or greater rate of fare shall be asked and received by any driver or -other person having care of such carriage, than that prescribed by this sub-division of this Article, or who shall omit or neglect to comply with the directions herein contained, shall incur a penalty of ten dollars ; every continuance of an omission to comply with the provisions herein contained for one day after any prosecution therefor, to be taken as a distinct offence. P. L. L., (1860) Art. 4, Sec. 145. P. L. L., (1888) Art 4, Sec. 138. *foTm^pas?en- 283. Every driver of any licensed hackney carriage nun?beTand^ who shall refuse or omit when required, to inform any Slflity. person using such carriage or applying for the use of it. CARRIAGES AND HORSES. 255 the true number thereof, or the correct amount of the rates of fare authorized to be charged for the use of it, or who shall wilfully mislead, or misconvey, or insult, by abusive or. indecent and opprobrious language, any passen- ger whom he shall have in his care for conveyance in the carriage of which he is driver, shall for every such offence incur such penalty, not exceeding twenty dollars, as shall be adjudged by the Mayor of the said City or any Justice of the Peace therein, before whom complaint shall be made by or on behalf of the party injured. 1892, ch. 631. P. L. L., (1888) Art 4, Sec. 138A. 284. No driver or person in charge of cabs or hackney Penalty forex- carriages shall ask, charge, demand or receive more than the rates of fare as established by the Board of Police Commissioners in the City of Baltimore from time to time, from any passenger or passengers ; and any person violating the provisions of this section shall, upon convic- tion, be liable to a fine not exceeding fifty dollars, or imprisonment in jail for a period not exceeding six months nor less than thirty days, or both, in the discretion of the court. 1865, ch. 90. P. L. E., (1888) Art. 4, Sec. 139. 285. The proprietors of any hackney carriage in the City of Baltimore who do not intend to go upon or use the public stands in said City with such hackney carriages, special Hcense.s shall at the time of applying for a license for the same, as required by the present or any future ordinances of the Mayor and City Council of Baltimore, signify in writing such intention, and thereupon a special license may and shall be granted to such proprietors by the Comptroller or other proper officer of said City ; and for every special license thus granted there shall be paid such sum as is now or shall hereafter become payable for other hackney carriages by the present or future ordinances of said City. 1865, ch. 90. P. L. L., (1888) Art. 4, Sec. 140. 286. No hackney carriages which shall be thus especi- ally licensed shall make use of or go upon or stand or wait 256 MISCEIvIvANEOUS eocae eaws. ^ for employment at any of the public stands designated by or under the present or any future ordinances of the penalty. Mayor and City Council of Baltimore, or at any place in said City, except the premises of the owner thereof, under a penalty of twenty dollars for every such offence ; one- half to be paid to the informer, to be recovered against either the owner or driver thereof, as fines of a like amount are now recovered. 1865, ch. 90. P. E. E., (1888) Art. 4, Sec. 141. 287 . Each and every proprietor of hackney carriages shall, at the time when he applies for a special license, or any renewal thereof, furnish the Comptroller or other proper officer of the City of Baltimore with a correct statement to Statement of the number of hackney carriages used by bj applicants him ; and such owner, whenever he shall increase the licenses. number of such hackney carriages, shall report such increase to the Comptroller or other proper officer of said City ; and every person violating any of the provisions of this section shall forfeit his license, and be liable to a penalty of ten dollars. P. E. E,, (I860) Art. 4, Sec. 146. 1865, ch. 90. P. E. E., (1888) Art. 4, Sec. 142. 288 . All penalties which shall be incurred under section 283 of this sub-division of this Article, or for the breach of any of its provisions, may be recovered by warrant ??nfitie?: ap- issued in the name of the State, in the same manner as debts within said City are recoverable, with the right of appeal to the Baltimore City Court. P. E. E., (I860) Art. 4, Sec. 147. P. E. E., (1888) Art. 4, Sec 143. 289 . On the trial of such appeal, the party of whom the penalty is claimed shall be entitled to a jury trial ; but ""appe”?; bond there shall be no stay of execution of any judgment appealed from, unless the party appealing shall give bond, with security approved by the officer rendering such judgment, and conditioned that the party appealing shall LIVERY stable charges. 257 prosecute the appeal with effect, and obey, perform and pay such judgment as shall be rendered by the Baltimore City Court on the trial of said appeal. P. L. L., (I860) Art. 4, Sec. 148. P. L. L., (1888) Art. 4. Sec. 144. 290. All penalties which shall be recovered for the breach of any of the provisions of this sub-division of this Article, shall be appropriated one-half to the use of the dispensaries in the City of Baltimore, to be equally divided recovered, between them, and the other half to the use of the informer, whose name shall be endorsed on the warrant issued for the recovery of each respective penalty. Horses, etc. Livery Stable Charges. 1865, ch. 163. P. L. L., (1888) Art. 4, Sec. 145. 291. It shall be lawful for any livery stable keeper to Livery stable retain in his custody any horse, mare or gelding placed how^hor^e, under his care for livery, and also any vehicle, until all chalge“skre charges for so keeping shall be paid by the owner thereof. 1865, ch. 163. P. L. L., (1888) Art. 4, Sec. 146. 292. It shall and may be lawful for such livery stable keeper to sell any such horse, mare or gelding, or vehicle, at public auction in the City of Baltimore, after giving at least twenty days^ notice in two of the daily newspapers, ^afp^ubifc™^ published in the City of Baltimore, of the time, place and su?hcha?ges. manner of sale ; and after deducting the amount due for keeping, together with all expenses of said sale, to return the surplus, if any, to the owner of such horse, mare or gelding, or vehicle. 1865, ch. 163. P. L. L., (1888) Art. 4, Sec. 147. 293. Before proceeding as above, it shall be necessary for such livery stable keeper to state an account for keep- ing of such horse, mare or gelding, or vehicle, and prove the same before a Justice of the Peace for the City of Keeper to Baltimore, who, upon being satisfied by proof of demand and refusal or neglect to pay on the part of the owner, SJtfprovfso. 258 MISSCKLI.ANEOUS EOCAE EAWS. shall thereupon issue his warrant authorizing such sale as aforesaid; provided, that the proprietors of such livery stables shall Set up on their premises, in some conspicuous place, a copy of the aforegoing two sections, printed in large type, and their rates of livery. CORONERS, INQUESTS AND DEAD BODIES. 1878, ch. 347. 1890, ch. 207. P. E. E., (1888) Art. 4, Sec. 149. 1892, ch. 15. 1894, ch. 84. Appointment of Coroners. Tenure, salary. Oath. Bond. 294. The Governor, by and with the advice and consent of the Senate, shall appoint and commission seven com- petent physicians to act as coroners for the City of Balti- more, to hold office during the period of two years, at an annual salary of one thousand dollars each, payable quarterly by the City Regisiter; and said coroners shall be assigned to duty by the Governor, and to each of the police districts of the City of Baltimore; and it is further provided, that whenever the police districts of the City of Baltimore shall be increased in number by the order of the Board of Police Commissioners of Baltimore City, the Governor shall appoint an additional coroner for each of the police districts so created; provided, that before entering upon the duties of their office, the persons appointed shall take the oath of office prescribed by the Constitution of the State of Maryland, for office-holders; and further, they shall give bond to the said State of Maryland, with security to be approved by the Judge of the Superior Court of Baltimore City, in the penalty of two thousand dollars each, conditioned for the faithful performance of their duties, as now prescribed by law, or which shall hereafter be prescribed. Young V. College, etc., 81 Md. 358. 1872, ch. 45. P. E. E. (1888) Art. 4, Sec. 150. 1898, ch. 123. 1902, ch. 317. Appointment 295. In addition to the coroners provided for in the atEaSe”®"^ preceding section the Governor shall appoint one more coroner for the “City of Baltimore,’^ to be known as the CORONERS, INQUESTS AND DEAD BODIES. 259 “Coroner at Large’’ for said City, whose duty it shall be to act in the place of any of the coroners who shall have been assigned to the various police districts of said City who may have been prevented by illness or enforced absence from attending to his duties; the said coroner at large shall receive the same compensation as is prescribed in the preceding section for other coroners for said City. The coroners provided for in the preceding section shall be assigned to such sub-division or district of the City of Baltimore as the Governor may direct. P. L. L. (I860) Art. 4, Sec. 153, 154. 1872, ch. 45. P. E. E., (1888) Art. 4, Sec. 151. 296. The Coroner shall hold an inquest over every person found dead in his district in said City when the to hold in- manner and cause of death shall not be already known as accidental, or in the course of nature. No Coroner’s jury in said City shall receive any fee or compensation for services as such; and said Coroners are authorized and empowered to issue their certificates to the City Register Re|is°er for the payment of such expenses as may be necessary p° for the interment of any person over whom they, or either ^iso. of them, has held an inquest, and whose body is not claimed by friends or relatives; provided, the amount of such expenses shall not in any case exceed the sum of seven dollars. Blaney v. State, 74 Md. 153. *Young v. College of Physicians, etc. 81 Md. 358. 1872, ch. 45. P. E. E., (1888) Art, 4, Sec. 152. 297. Each of said Coroners shall make a monthly report to the Police Commissioners of Baltimore City, of ^ques\s.^ the number of inquests held by him during the month last past before said report, with a full description, as far as may be, of the persons who were the subjects of such inquests, their sex, age, color and nationality, the cause and mode of their death, and such other particulars as may be necessary for their identification, in case of strangers and unknown persons; and each of said Coroners shall 260 MISSCElvIvANEOUS EOCAE EAWS. ^ mon^y Sf de- immediately after holding an inquest, deposit in ceased. ^omo bank of Baltimore City, subject to the order of the Judges of the Orphans’ Court of said City, all property, money and other effects found upon the person of those over whom he shall hold inquest, as hereinbefore provided. 1882, ch. 163. 1890, ch. 166. P. L. E., (1888) Art. 4, Sec. 153. 298 . Any public officer of Baltimore City or Baltimore County having charge of or control over the bodies of deceased persons required to be buried at the public expense or at the expense of any institution supported by said City or County, shall notify the chairman of the Distribution of Anatomy Board, said board being composed of a demon- dead bodies, gtrator of anatomy from each medical school in the State, of the existence and possession of such bodies^ and shall give permission to said Anatomy Board, through its chair- man, or to any physician or surgeon of the State of Mary- land upon his request made therefor, to take such bodies within forty-eight hours after death, to be by him used within the State for the advancement of medical science, preference being given to medical schools, public and private; and said bodies shall be distributed to and among the same equitably, the number assigned to each being When body is proportioned to that of its students; provided, however claimed. person claiming to be and satisfying the proper authorities that he is, of kindred to the deceased, or that he was a friend to deceased during his life, shall ask to have the body for burial, it shall be surrendered for inter- ment; or if such deceased person was a stranger or traveler who died suddenly, the body shall be buried and not handed over as aforesaid. Any public officer of Baltimore Penalty for City or Couuty having charge of or control over the bodies of the deceased persons required to be buried at the public provisions, gxpcuse or at the expense of any institution supported by said City or County, who shall neglect or refuse to comply with the requirements of this section, shall be guilty of a misdemeanor, and shall upon conviction be fined not less than fifty nor more than one hundred dollars for each and every offence. COURTS — PLEADING AND PRACTICE. 261 1882, ch. 113. P. E. L., (1888) Art. 4, Sec. 154. 299 . Every physician or surgeon, before receiving any such dead body shall give to the proper authorities a^ cian that sufficient bond that such body shall be used only for the used only for promotion of medical science within the State; and whoso- poses, ever shall use such body for any other purpose, or shall remove the same beyond the limits of this State, and who- soever shall sell or buy such body, or in any way traffic in the same, shall be deemed guilty of a misdemeanor, and shall, on conviction, be imprisoned for a term not ex- ceeding five years at hard labor in the City Jail. COURTS. Superior Court, Court of Common Pleas and Baltimore City Court. i870, ch. 177. P. L. L., (1888) Art. 4, Sec. 155. 300 . The Judge before whom any case may be tried in either the Baltimore City Court, the Superior Court of New Trials. Baltimore City, or in the Court of Common Pleas, shall have exclusive jurisdiction to hear and determine, and the said judge shall hear and determine, all motions for a new trial where such motions arise, either on questions of fact or for misdirection upon any matters of law, and all motions m arrest ot judgment, or upon any matters ot restofjudg- law, determined by the said judge; and all such motions shall be heard and determined within thirty days after they are made. 1870, ch. 177. P. L. L., (1888) Art. 4, Sec. 156. 301 . In no case shall either the plaintiff or defendant paper book be required to file a “paper book’^ of evidence or brief, in either of the courts of the City of Baltimore. 1876, ch. 96. P. L. L., (1888) Art. 4, Sec. 157. 302 . The stated terms of the Superior Court of Balti- Terms of more City, the Court of Common Pleas and the Baltimore 262 MISCKLI.ANEOUS EOCAE EAWS. Return days. Writs, when returnable. Renewal of writ. City Court, shall commence on the second Monday in January, the second in May, and the second Monday in Sep- tember, in each year.** Preston v. McCann, 77 Md. 30. 1864, ch. 6, Sec. 1. 1886, ch. 184. P. E. E., (1888) Art. 4. Sec. 158. 303 . In addition to the first day of each term of the Superior Court of Baltimore City, the Court of Common Pleas of the City of Baltimore, and the Baltimore City Court, the second Monday in February, March, April, June, July, August, October, November and December, in each year, shall be return days, and the words ‘ ‘return day, wherever used in this sub-division of this Article shall apply as well to the first day of each term as to the other return days herein enumerated. 1886, ch 184. P. E. E., (1888) Art. 4, Sec. 159. 304 . All original writs, writs of execution, attachment, ' replevin, ejectment, scire facias diXidi habere facias, as well ! as all other writs and process issued from or returnable to any of said courts, which under the practice heretofore existing would have been returnable to the first day of the term, or to a return day, shall hereafter be made return- able to the first return day after the issue of the same, or i may be made returnable to the second return day there- | after, if the party by whose direction the same was issued, | or his attorney, shall so request in writing. ^ 1864, ch. 6, Sec. 3. 1886, ch. 184. P. E. E., (1888) Art. 4, Sec. 160. 1894, ch. 180. 305 . On the return of an original writ, not executed in either of said courts, the same may be renewed, returnable to the next return day thereafter, and after two returns of any original writ not executed at the two succeeding return **NoTK . — Powers of Superior Court. The Superior Court has no power, under section 167 of Art. 23, Code Public General Eaws, to con- firm or set aside an inquisition of a Sheriff’s Jury. W. M. Tidewater R. R. Co. V. Eeonard, Daih" Record, June 15, 1903.. COURTS — PLEADING AND PRACTICE. 263 days after the writ is first issued, the same shall be per- mitted to lie dormant, renewable only on the written order of the plaintiff or his attorney of record to such future return day as the said plaintiff or his attorney may elect, and upon a further return if not executed, said writ shall be again permitted to lie, renewable only as aforesaid, the said plaintiff or his attorney having the right to renew said writ to as many subsequent return days, under the umTi'e same mode of procedure as may be deemed proper, until the same is executed. 1864, ch. 6, Sec. 4. 1886, ch. 184. P. L. L., (1888) Art. 4, Sec. 161. 306. After the execution of any writ or other process made returnable to a return day in either of said courts, the same proceedings may be had thereupon as if the same had been made returnable, and had been returned to a term of said court under the practice heretofore existing, except as hereinafter otherwise provided.** 1864, ch. 6, Sec. 5. 1886, ch. 184. P. L. L., (1888) Art. 4, sec. 162. 307. If a defendant be returned ‘‘summoned,’' and shall fail to appear, the clerk of the court on the day fol- lowing the return day to which the writ or process served pearance ,.. ,, in 1 after sum- on him IS returnable, shall enter the appearance of any ^ons. defendant so summoned and failing to appear, and the action shall proceed in the same manner as if the party had appeared in person. 1886, ch. 184. P. L. L., (1888) Art. 4, Sec. 163. 308. When a declaration in any action shall be filed in to court, and a copy thereof delivered to the defendant before the day of the return of the writ, and the defendant shall be summoned before the said day of the return of the writ. **Note. — Exemption fj'om service of process m civil actions: A non- resident here for the sole purpose of attending upon the trial of a case to which he is a party, is exempted from the service of process in a civil action.^ But such privilege may be waived or lost by laches, and must be availed of at proper time by plea or motion. Foss V. Carnell, Daily Record, January 23, 1894. 264 MISCELLANEOUS LOCAL LAWS. he shall plead before the next succeeding- return day, or default for want of a plea shall be entered by entered. court or clerk thereof, upon motion in writing made by the plaintiff, or his attorney, then, or at any time there- after, before the filing of a plea by the defendant, unless the court for good reasons shall have granted said defend- ant further time to plead; and upon such entry of judgment, the plaintiff may forthwith sue out his writ of inquiry, or otherwise enter up final judgment according to the course of the court.** Cooper V. Roche, 36 Md. 563. C/., Condon v. Gore, 89 Md. 230. 1886, ch. 184. P. L. L., (1888) Art. 4. Sec. 164. 309 . When any action shall be brought upon a titling and the defendant shall have been summoned, the plaintiff ^declaration to shall file his declaration within fifteen days after the judgment of retum day to which said defendant had been summoned, be entered, or judgment of non pros, may be entered by the court or the clerk thereof against him for want of a declaration, upon motion in writing made by the defendant at any time thereafter, unless the court for good cause shown shall grant further time ; but if the plaintiff shall have filed his declaration in any such action, at any time before the entry of a judgment of non pros, against him, the defendant to deciara- shall be required to plead to such declaration within the time and upon the terms prescribed by the rules of the court, or judgment by default may be entered against him as provided by said rules. 1886, ch. 184. P. L. L., (1888) Art. 4, Sec 165. 310. Every suit in which any defendant shall be return- ed summoned, shall stand for trial or judgment (as against such defendant) at the return day next succeeding the day to which he has been summoned ; provided, the declaration shall have been filed in court, and a copy thereof shall have **NoTE. — The clerk has no authority to enter up a judgment for want of a plea except on motion therefor by the plaintiff or his attorney. Griffith V. Gi'aham, Daily Record. July 15, 1891. SPEEDY JUDGMENT ACT. 265 iDeen served on the defendant, or his attorney, at least fifteen days before said return day ; and all such suits in which final judgment is not entered on that day, shall then be put at the end of the trial calendar of the court in which they are brought, in the order in which they were instituted in said court, and shall be finally disposed of as far as pos- sible when reached in their regular course. 1886, ch. 184. P. L. L., (1888) Art. 4, Sec. 166. 311 . In all cases in which a party by law would be entitled to a continuance, the court may, instead of continu- Postponement ing the cause to the next term, postpone the same for thirty days, or such other period as will best subserve the interests of justice. Smithson v. U. S. Tele^^raph Co., 29 Md. 165. Speedy Judgment Act. 1858, ch. 323. 1864, ch. 6, Sec. 7. 1886, ch. 184, Sec. 170. P. E. E., (1888) Art. 4, Sec. 167. 1894, ch. 173. 312. In any suit, when the cause of action is a contract, ^^itry of judg- whether in writing or not, or whether expressed or implied, Si^comricfi the plaintiff, if affidavit or affirmation be made, as herein- after stated, shall be entitled to judgment to be entered by the court or the clerk thereof, on motion, in writing, at any time after fifteen days from the return day to which the defendant shall have been summoned, although the defendant may have pleaded, unless such plea contains a good defence, and unless the defendant or some one in his behalf shall, under oath or affirmation, state every plea so pleaded by the defendant is true ; and shall further state to. the amount of plaintiff’s demand, if anything, admitted to be due or owing, and the amount disputed, and further, that the affiant verily believes the defendant will be able at the trial of the cause to produce sufficient evidence to support the plea as to the portion disputed, and that he is advised by counsel to file the said plea ; and such plea shall be accompanied by a certificate of counsel that he so advised the party making such oath or affirmation, and if 266 MISCJSI.I.ANEOUS EOCAE EAWS . the copartnership or incorporation of any of the parties to the suit shall be alleged in the declaration and the affidavit to be filed therewith, as hereinafter provided ; or if there shall be filed with the declaration in said cause, any paper purporting to be signed by any defendant therein, the fact of such alleged copartnership or incorporation, and the genuineness of such signature shall be deemed to be ^iSmake admitted for the purposes of said cause, unless the said affidavit shall further state that the affiant knows, or has good reason to believe, such allegation of copartnership or incorporation to be untrue, or that such signature was not written by or by the authority of the person whose signa- ture it purports to be. In case any part of the debt or damages claimed to be admitted to be due, the plaintiff Where part of shall be entitled forthwith to an entry of judgment there- claim IS ad- mitted. judg- for. With costs m the discretion of the court, to the time of ment there- for shall be entry of such judgment, and if the amount so admitted to entered. / be due shall not be below the jurisdiction of the court, the plaintiff may at once have execution therefor, and upon such entry of judgment the plaintiff may join issue or reply to ’ the pleas as to the disputed portion, and the case shall be pro- * ceeded with as to such disputed portion in the same manner as if the suit had been originally instituted for the recovery of the same ; and the court shall have jurisdiction as to ; such disputed portion in all cases where the amount \ originally claimed shall be within the jurisdiction of the | court, but if either judgment in the case be below the j Practice where iurisdiction of the court, no execution shall issue from that \ judgment IS . . « . ^ « j j^risdictfon'^ same, and the provisions of section 17 of Article 26 of the Code of Public General laws shall apply thereto; yet if the sum of the two judgments shall equal such jurisdiction they may then be included in an execution issued from that court ; provided, that the court for good cause shown, may, by its order in writing, passed at any time before judgment, extend the time for filing such pleas and affidavits, which extension shall suspend, until the expiration thereof, the plaintiff's right to enter judg- ment under this section. Smithson v. U. S. Telg. Co. 29 Md. 162. Jones v. Freeman, 29 Md. 273. State use of Bouldin v. Steibel, 31 Md. 34. Knickerbocker Ice SPEEDY JUDGMENT ACT. 267 Co. t’. Hoeske, 32 Md. 317. King v. Hicks, 32 Md. 460. Jones v. Bar- nett, 35 Md. 258. Keen v. Whittington, 40 Md. 489. Baltimore v. Ideson, 47 Md. 542. Traber v. Traber, 50 Md. 1. Thorne v. Fox, 67 Md. 67. Adler v. Crook, 68 Md. 494. Hutton v. Marx, 69 Md. 252. Mav i'. Wolvington, 69 Md. 117. Thillman v. Shadrick, 69 Md. 528. Gemmill v. Davis, 71 Md. 458. Huntington v. Emery, 74 Md. 67. Baltimore Pub. Co. v. Hooper, 76 Md. 115. Sanborn v. Mullen, 77 Md. 480. Laubheimer v. Nail, 88 Md. 174. Griffith v. Adams, 95 Md. 175. Singer v. Fidelity & Dept. Co., 96 Md. 224. Farmers, etc. Bank v. Hun- ter, 97 Md. 148. Horner v. Plumle}', 97 Md. 211 . Codd Co. v. Parker, 97 Md. 323-325. Smith v. Hailwood Cash Reg. Co., 97 Md. 354. Nicholson v. S}mder, 97 Md. 419. Deved v. Carrington, 98 Md. 378. Abbott V. Bowers, 98 Md. 525. Steuarc v. Chappell, 98 Md. 530. Colbourn Bros. v. Boulton, 100 Md. 353, 354. Miller v. Michaels, 101 Md. 188. See note, page 219, Baltimore City Code (1879).* 1864, ch. 6, Sec. 8. 1886, ch. 184, Sec. 171. P. E. E., (1888) Art. 4, Sec. 168. 313 . The Plaintiff shall not be entitled to judgment Affidavit to under the preceding section, unless at the time of bringing his action he shall file with his declaration an affidavit or affirmation, if the affiant is conscientiously scrupulous to taking an oath, stating the true amount the defendant is indebted to him, over and above all discounts, and shall *NOTES OF DECISIONS OF BAETIMORE CITY COURTS. (1) The affidavit required of defendants, does not apply to those cases in which the defendants are executors. (2) The Baltimore City Court has jurisdiction over a suit to recover the even sum of $100 00, when interest thereon is recoverable as of right. Mutual Eife Ins. Co. v. Hantske, Daily Record, December 15, 1900. (3) Practice Act of Baltimore City : A special count which states no express contract to pay money, or any facts from which such a contract can be implied, cannot be filed with the common counts under the Practice Act of Baltimore City. Murray v. Revel, Daily Record, January 10, 1899. (5) Declaration : A declaration filed under Act 1886, ch. 184, made before a Justice of Peace in another state and not having attached to it a certificate of the Judge of the Court according to the Act of Congress, is defective and a judgment of non pros, will be allowed on motion. Downs V. Appold, Daily Record, October 19, 1892. (6) The declaration and affidavit must agree, otherwise a motion to strike out the judgment will prevail. Griffith v. Graham, Daily Record, July 15, 1891. 268 MISCELLANEOUS LOCAL LAWS. Bond, bill or account to 1 filed. Particulars of aflSdavit. also file the bond, bill of exchange, promissory note or other writing or account by which the defendant is so indebted ; or if the action be founded upon a verbal or implied contract, shall file a statement of the particulars of the defendant’s indebtedness thereunder. If there are two or more plaintiffs, the said affidavit or affirmation, may be made by any one of them, or if all the plaintiffs be absent from the State at the time of the bringing of said suit, or if the plaintiff be a corporation, the said affidavit or affirma- tion may be made by an agent of plaintiff or plaintiffs, or any of them, who will make further oath or affirmation that he has personal knowledge of the matters therein stated ; and the said affirmation or affidavit may be made before any of the persons who may take an affidavit or affirmation to authorize the issuing of a foreign attachment, and may be certified in the same manner.** Mailhouse v. Inloes, 18 Md 332. Griffin v. Leslie, 20 Md. 15. Smith- son V. The United States Telejj^raph Co., 29 Md. 165. Jones v. Freeman, 29 Md. 276. Greff v. Fickey, 30 Md. 79. State v. Steibel, 31 Md. 37. Knickerbocker Life Ins. Co. of New York v. Hoeske, 32 Md. 318. McAllister v. Eichengreen, 34 Md. 56. Norris v. Wrenschall, 34 Md. 499. Canton Nat. Bldg. Ass’n v. Weber, 34 Md. 671. Jones Barnett, 35 Md. 260. Ingalls v. Crouch, 35 Md. 296. Keene v. Whittington & Co., 40 Md. 497. Loney v. Bailey, 43 Md. 10. McSherr}^ v. Brooks, 46 Md. 122. Mayor v. Ideson, 47 Md. 542. De Atley v. Senior, 55 Md. 479. Parkhurt v. Citizens Nat. Bank, 61 Md. 254. The Orient Mutual Insurance Co., v. Andrews, 66 Md. 371. Thorne v. Fox, 67 Md. 67. Thillman v. Shadrick, 69 Md. 528. Gemmill v. Davis, 71 Md. 458. Balto. Pub. Co. V, Hooper, 76 Md. 165. Laubheimer v. Nail, 88 Md. 174. Singer v. Fidelity & Depo.sit Co., 96 Md. 224. Smith Smallwood Cash Reg. Co., 97 Md. 354. Nicholson z^. Snyder, 97 Md. 419. Devedz/. Carrington, 98 Md. 378. Abbott v. Bowers, 98 Md. 525. Colbourn v, Boulton, 100 Md. 357. 1864, ch. 6, Sec. 9. 1886, ch. 184. P. L. L., (1888) Art. 4, Sec. 169. 1894, ch. 184. 314 . When any judgment by default shall be entered under any of the preceding sections, the court may assess *’^NoTK. — In connection with the provisions of Section 313, seefurthet r Wilson V. Wilson, 8 Gill 192. Cumberland Coal & Iron Co. v. Hoffman Steam Coal Co., 22 Md. 499. Warwick v. Chase, 23 Md. 154. Evesson V. Selby, 32 Md. 345. The Universal Life Ins. Co. v. Bachus, 51 Md. 31. Horner v. Plumley, 97 Md. 271. RUI.E DAYS AND PLEAS. 269 the damages on proof thereof without empanelling a jury to do so, unless the defendant shall have filed a motion in writing before the entry of such default for a jury trial, and shall have stated in such motion how much of the plaintiff’s demand is disputed, and how much thereof, if any, is admitted by said defendant to be due, and in such ^"ent“r?d^up.^^ case the plaintiff may forthwith have judgment entered up for the amount so admitted, as provided in the preced- ing section.* Mailhouse v. Inloes, 18 Md. 332, 333. Knickerbocker Ice Co. v Hoeske, 32 Md. 317. Norris v. Wrenschall, 34 Md. 492. Laubheimer Z'. Nail, 88 Md. 174. Singer ^/. Fidelity & Deposit Co., 96Md.224. Col- bourn V Boulton, 100 Md. 358. 1890, ch. 433. P. L. D. (1888) Art. 4, Sec. 169A. 315. If the defendant shall dispute the whole or any part of the plaintiff’s demand in any action brought under the provisions or the three foregoing sections, and upon counsel fee to trial of the case the plaintiff shall recover a judgment for whlnh^re- any portion of his demand so disputed, then the plaintiff shall be allowed in addition to the costs of the suit, reason- able counsel fees, to be fixed by the court, said fees not to be less than twenty-five dollars nor more than one hundred dollars, t 1904, ch. 9. 31 5 A. In any action in the Superior Court of Baltimore City, in the Court of Common Pleas, or in the Baltimore Time for filing City Court, which has been brought to the February Rule- fended ’ Day, 1904, or which has been or may hereafter be brought to the March Rule-Day, 1904, no plea shall be required to be filed before April 15, 1904. —Judgment by Default: joint liability after judgment by default. In assumpsit against two or more persons sued jointly, the defendants on inquisition, after judgment by default, cannot deny their joint liability. Santa Clara Mining Co. v. Williams, Daily Record, March 8, 1894. tNoTR. — As to provisions of Section 315 relating to counsel fees, see^ Singer v. Fidelity and Deposit Co., 96 Md. 224. 270 miscellaneous local laws. 1886, ch. 184. P. L. L., (1888) Art. 4, Sec. 170. ^ 316 . Bills of exception may be signed in any cause Bills of ex- ... . ^ . . , . . T . ception. pending in any oi said courts at any time within thirty days from the rendition of the verdict of the jury or the findings of the court upon the issues of fact in said cause, When to be thereafter, unless the time for signing said bill of signed. exception shall have been previously extended by order of court or by consent of parties ; but nothing herein shall prevent either party from requiring the bills of exception to be signed before verdict. Gottlieb V. Fred. W. Wolff Co., 75 Md. 126. Preston v. McCann, 77 Md. 30. Edelhoff z/. Horner-Miller Co. 86 Md. 595-605. Am. Tobacco Co. V. Strickling, 88 Md. 500. 1886, ch. 184. P. L. L., (1888) Art. 4, Sec. 171. 317 . Any action taken or order passed by any of said courts in relation to any judgment rendered by it, if taken or passed within thirty days after the entry of such judg- ment, or upon a motion or application made to it within said thirty days, shall have the same effect and force as it would have had under the practice heretofore existing in said court if taken or passed during the term, or upon a motion or application made during the term at which said judgment was entered, and no more ; but any such action taken or order passed after the expiration of thirty days from the entry of any judgment, (unless upon a motion or application made within that time), shall have the same effect and force as it would have had under such previous practice, if taken or passed after the expiration of said term, and no more ; and the said courts shall respectively have, for a period of thirty days after the doing of any act Note. — In relation to bills of exception generally, see: Briscoe v. Ward, 1 H. & J. 165. Dakin v. Pomeroy, 9 Gill 1. Marsh v. Hand, 35 Md. 123. Balto Bldg. Ass’n v. Grant, 41 Md. 560. Carey 27. Merryman, 46 Md. 89. Donohue v. Shadrick, 46 Md. 226. Horn v. Buck, 48 Md. 358. Ruppertsburger v. Clark, 53 Md. 402. Weiskittel v. State, 61 Md. 48. Thomas z/. Ford, 63 Md. 346. Mayor, &c., Wesminster z/. Shipley. 68 Md. 610. Bowling v. Turner, 78 Md. 595. Central Ry. Co. v. Coleman, 80 Md. 335. APPEALS FROM JUSTICES OF THE PEACE. 271 or thing in any cause before them, the same revisory power and control over such act or thing which, under the practice heretofore existing, they would have had over the same during the term at which it was done, and no more ; and after thirty days from the doing of any such may be exer act or thing, the said courts shall have the same revisory power and control thereover, which, under such previous practice they would have had after the expiration of the term at which said act or thing was done, and no more. Preston v. McCann, 77 Md. 33. Laubheimer v. Johnson, 98 Md. 685. 1886, ch. 184. P. L. E., (1888) Art. 4 Sec. 172. 318 . In all cases where the pre-existing laws direct require that any act or thing shall be done in or by any of said courts during the same term at which some other act or thing may be done or happen, such first mentioned act or thing shall hereafter be done within thirty days after the doing or happening of said last men- tioned act or thing. 1867, ch. 164. 1886, ch. 184. P. L. E., (1888) Art. 4, Sec. 173. 319 . All appeals from Justices of the Peace to the Baltimore City Court shall stand for trial on the day fol- Appeals from lowing the return day to which the appellee shall be the Peace, returned summoned, or the second return day to which the summons issued for the appellee shall be returned non est But before the Baltimore City Court shall proceed to try any such appeal, the court shall first be satisfied that all costs incurred on the judgment and proceedings before the justice have been paid by the appellant.* *Note. — Appeals from Justices of the Peace. Where a Justice of the Peace refuses to send papers to the Baltimore City Court on appeal, on writ of mandamus, said court will compel him to do so, and the court will decide whether an appeal will lie. Stewart z/. Duvall, Daily Record, March 7, 1897. Equity has no jurisdiction over magistrate’s appeals. Mankowitz v. Pruzan, Daily Record, April 20, 1898. 272 MIvSCELLANKOUS EOCAL LAWS. 1892, cli. 186. P. L. Iv., (1888) Art. 4, Sec. 173A. 320 . In all cases in which appeals are or may be allowed to the Baltimore City Court from the decisions of any commissioners, or other persons appointed in any manner ^counduo to determine any benefits or damages in any form of appeal in con- condemnation proceedings, for the use of the Mayor and cases. City Council of Baltimore, it shall be lawful for the City to enter appeals in the same manner and within the same time or times allowed for their entry by other persons ; and all such appeals by whomsoever prayed within the time or times limited therefor, shall be heard and determined by the Baltimore City Court as speedily as may be, each person interested being secured in his, her or its rights to a jury trial ; and in case there should be more than one appeal in reference to the same piece of property, they may all be appeal cases. heard together, in the discretion of the court, before one jury ; provided, a sufficient panel of jurors be furnished, so that the City and the owners or representatives of each separate interest or estate in such property may strike four names from such panel ; the practice, including the right of appeal to the Court of Appeals in all such cases, shall conform as near as may be to the practice now prevailing in said court in the trial of appeals from the decisions of the Commissioners for Opening Streets. 1892, ch. 634. P. L. L., (1888) Art. 4 Sec. 173B. 321 . The Supreme Bench of Baltimore City shall an- supreme nually designate two members of the said bench to sit in d?”ignate their respective courts, attended by their clerks, during to sit ill regis- the annual sittings of the Registers of Voters, and also on nTtumiiza- the four Saturdays immediately preceding the September tion cases, Registers of Voters of the City of Baltimore, for the purpose of hearing and determining applications for naturalization, and such applications shall have preced- ence over all other business. 1900, ch. 705. 321 A. The Supreme Bench is authorized to adopt rules and regulations governing the subject of naturalization of CIRCUIT COURT OF BALTIMORE CITY. 273 aliens in the Courts of Baltimore City, and imposing a uni- form scale of charges to be collected from the persons nSiTrliiL- applying for naturalization to defray the expenses incident to the operation of said rules and regulations. P. L. L., (1888) Art. 4, Sec. 173A. 1894, ch. 392. 322. Whenever the record of proceedings in any suit, action or issue pending in one of the courts of common law proceedings in the City of Baltimore shall be directed to be transmitted common law for trial to some other such court of the said City, in ac- cordance with Article 4, Section 8, of the Constitution, it shall be the duty of the clerk of the court from which the said record of proceedings is so directed to be removed, to immediately deliver to the clerk of the court to which the same is so directed to be removed, all the original papers in the said cause, together with a certified copy of all docket entries relating to the same, which original papers and copy of docket entries shall constitute such record of proceedings for the purposes of such trial ; and it shall thereupon become the duty of the judge of the court to Duty of judge which the said suit, action or issue shall be removed im- cases, mediately by special order to assign the same for trial to such day, or in sequence to such other causes, as he shall consider j ust and proper. Weiskittel v. State, 58 Md. 155. De Murgiondo z/. Frazier, 63 Md. 94. Circuit Court of Baltimore City.^* P. G. L., (1860) Art. 29 Sec. 58. P. L. L., (1888) Art. 4, Sec. 174. 323. Whenever in any case instituted in the Circuit circuit Court a jury is asked for and allowed, or is desired by the ^°urt cases. **Note. — As to juri.sdiction of this Court, see, Barth v. Rosenfeld, 36 Md. 604, and Orrick v. Boehme, 49 Md. 72. Commissions of Trustees. Rule of the Circuit Courts of Baltimore City as to commissions to trustees for making investments of trust funds pending litigation and general management of trust funds, con- strued, in re Trust Estate Hiss, Daily Record, March 18, 1891. Costs in Equity. The stenographer’s per diem and one copy of testi- mony are taxable as costs in equity under the 35th equity rule. Beecher V. Baltimore Sterling Silver Co., Daily Record, January 11, 1896. 274 MISCELIvANKOUS EOCAE EAWS. Opinions not required to be filed. Powers of. Proviso. Additional Judge. Judg-e thereof, the Judge shall issue an order to the Sheriff of Baltimore City, requiring him to summon twenty jurors to attend the court, when proceedings shall be had in such cases as is usual in like cases in equity. 1874, ch. 312. P. L. E., (1888) Art. 4, Sec. 175. 1888, ch. 194. 324. The Judge of the Circuit Court is not required to file opinions for or in respect of any final decree or decre- tal order, whenever such decree or order shall have passed upon argument, oral or in writing, on the part of any of the parties to a cause. This section shall apply also to the^udge of the Circuit Court Number Two of Baltimore City. Circuit Court Number Two of Baltimore City, 1888, ch. 194. P. E. E., (1888) Art. 4, Sec. 176. 325. Another court is established in and for the City of Baltimore, to be styled the Circuit Court Number Two of Baltimore City. The powers and jurisdiction of said court shall be concurrent with those now held and exer- cised by the Circuit Court of Baltimore City, and both of said courts shall have the same terms and return days ; subject, however, to such rules and regulations for a proper distribution and apportionment of business between them as the Supreme Bench of Baltimore City shall from time to time prescribe. Ridgely v. Ridgely, 79 Md. 208. 1888, ch. 194. P. E. E., (1888) Art. 4, Sec. 177. 326. There shall be elected another Judge of the Supreme Bench of Baltimore City, by the legal and quali- Striking out Decrees. The striking out of a decree before enrollment is subject to the control of the Court during the term at which a decree is passed ; during such term a decree is subject to the control of the Court and liable, upon proper grounds shown by petition, to be altered or reversed. Whitelock v. Bank of Commerce, Daily Record, May 15, 1897. As to non-jury trials and removals of cases from one court in Baltimore City to another, see., Chappell Chemical, etc. Co. v. Sulphur Co. 85 Md, 684. CRIMINAI. COURT. 275 fied voters of said city at the election to be held in said City on the Tuesday next after the first Monday of Novem- ber, eighteen hundred and eighty-eight ; the said Judge, when elected, to be subject to all the provisions of the Constitution relating to the Supreme Bench in Baltimore City and the several judges thereof.* 1888, ch. 194. P. n. Iv., (1888) Art. 4, Sec. 178 327. There shall be elected at the same election by the Adcut^onai legal and qualified voters of Baltimore City, a clerk for said Circuit Court Number Two of Baltimare City, who shall be subject to all the provisions of the Constitution relating to the Clerk of the Circuit Court of Baltimore City. 1904, ch. 624. 327 A. Whenever any suitis instituted in one of the Circuit m suits insti- Courts of Baltimore City, and after one or more of the defendants is or are returned summoned, or voluntarily appears in the case without being summoned, a copy of the bill filed in the suit shall be served on one of the defendants, or the solicitor of record in the case of one or more of the defendants so returned summoned or appeared in the case, and a copy of all intermediate pleadings, petitions, orders and answers shall be served on one of the opposite parties in the case, or upon one of the solicitors of record in the case before filing the same. Until the said copies have been served as above mentioned, no party to the suit shall be considered in default of any rule of the court. This Act shall not apply to suit instituted by the consent of all parties to the case, nor to proceedings instituted to foreclose mortgages. Criminal Court of Baltimore. P. L. Iv., (I860) Art. 4, Sec. 175. P. P P., (1888) Art. 4, Sec. 179. 328. The Criminal Court of Baltimore shall hold three of. regular sessions yearly, to commence on the second Mon- day of January, second Monday of May, and second Monday *Note. — For Pegislative authority providing for the election of addi- tional judges authorized by the Constitution, see, h.ct 1894, ch. 284 and Act 18%, ch. 95. And see also, Act 1906, ch, 234. tuted in Cir- cuit Courts of Baltimore, copies of pleadings to be served on opposing parties; no default until copy is served: ex- ceptions to rule. 276 MISCELLANEOUS LOCAL LAWS. Trial of cases. Jurisdiction. Sentence for petty lar- ceny. Commitments, when to be returned. of September ; and such sessions shall continue until all the business before it shall be finished. * P. L. L., (1860) Art. 4, Sec. 176. P. L. L., (1888) Art. 4, Sec. 180. 329. At special sessions of said court, all cases may be tried and disposed of as at the regular terms thereof. P. G. Iv., (1860) Art. 29, Sec. 59. P. P. L., (1888) Art. 4, Sec. 181. 330. The Criminal Court of Baltimore shall have juris- diction in all cases of felony, and other crimes, offences and misdemeanors within the City of Baltimore. 1864, ch. 50. P. P. P., (1888) Art. 4, Sec. 182. 331. Any person convicted in the Criminal Court of Baltimore of larceny committed in Baltimore City to an amount under five dollars, ma^^ in the discretion of the judge of the said court, be sentenced to hard labor in the jail of Baltimore City for not less than six months nor more than two years, instead of the penitentiary. P. G. P., (1860) Art. 29, Sec. 62. P. P. P., (1860) Art. 4, Sec. 177. P. P. P. (1888) Art. 4, Sec. 183. 332. All commitments and recognizances for all felonies, crimes, offences and misdemeanors committed within said City, shall be returned from time to time by any Justice of the Peace taking the same before said court, and shall be lodged with the clerk of said court on the day next preceding the day appointed for holding the said court. *Notk. — I n relation to the assignment of judges of the Criminal Court to sit separately with a separate jury for the trial of cases, see Jackson v. State, 87 Md. 191. Note. — Commitments. As to defective commitments, see., in re Flanigan, Daily Record, December 19, 1904, and in re Pivingstone, Daily Record, December 30, 1889; also, Cornish v. Warden City Jail, Daily Record, December 20, 1892. As to commitments generally, see Adains v. Supt. Maryland House of Refuge, Daily Record, December 3, 1903. CRIMINAL COURT. 277 P. L. L., (1860) Art. 4, Sec. 184. P. L. L., (1888) Art. 4, Sec. 189. 333. It shall be the duty of the Sheriff to make return Return of of each capias upon presentment or indictment from said court within five days after the same is delivered to him by the clerk ; and if said capias is returned non est, the clerk shall, in the discretion of the State’s Attorney of Balti- more City, order said capias, to be re-issued, and the same capias shall again be delivered to the sheriff ; and the date of the first return thereof shall be endorsed thereon ; and indorsements the second return shall be made within the time above re-issues, specified ; and in case the said capias is returned the second time non est, the same shall be again so endorsed and deliverd to the Sheriff. P. L. L., (1860) Art. 4. Sec. 185. P. L. L., (1888) Art. 4, Sec. 190. 334. The clerk of said court and the Sheriff of said City Fees for shall be allowed only the fees for the issue of one capias, or for the service of one capias in each term, however often the same may be issued or returned. P. L. L., (1860) Art. 4, Sec. 186. P. L. U., (1888) Art. 4, Sec. 191. 335. All subpoenas for witnesses from said court shall be subpoenas, returned by the Sheriff within six days after the same are is- sued by the clerk, or within six days after the day of the renewal of such subpoenas, unless the same are ordered to be returned immediately, in which case they shall be sore- turned, if practicable. P. L. L., (1860) Art. 4, Sec. 187. P. L. L., (1888) Art. 4. Sec. 192. 336. The said Sheriff shall be allowed for the service Allowance for, of one subpoena only, against any witness that may be returned non est, and for whom the said subpoena may be renewed, whether once or oftener in one term. 278 MISCKLI.ANKOUS LOCAI, LAWS. Renewal of. Penalty for failure to make re- turns. Witnesses be- fore Grand Jury, how sworn. Costs UDon ac- quittal. Recovery of costs upon ac quittal. P. Iv. L., (1860) Art. 4, Sec. 188. P. L. h., (1888) Art. 4, Sec. 193. 337. The clerk of said court, if a suhpcena is renewed by order of the State's Attorney, or by the counsel of the prisoner or traverser, shall endorse the renewal, on the suhpcena, and the same shall have all the legal effect of a new suhpcena issued in the term of said court during which said suhpcena was first issued. P. Iv. L., (1860) Art. 4, Sec. 189. P. L. L., (1888) Art. 4, Sec. 194. 338. The Sheriff of said City shall be subject to a penalty of five dollars in each case in which returns are not made within the time prescribed in this sub-division of this Article. 1890, ch. 250. P. L. Iv., (1888) Art. 4, Sec. 194A. 339. Witnesses appearing before the Grand Jury shall be sworn in the presence of the Grand Jury by the foreman or by some other member appointed by the foreman for that purpose. P. G. Iv., (I860) Art. 29, Sec. 64. P. L. L., (1888) Art. 4, Sec. 196. 340. In all cases of misdemeanor which may be pros- ecuted in said court at the instance of any person, if the party so prosecuted shall be acquitted, all the legal costs and expenses attending the prosecution shall be paid by the person at whose instance such prosecution was com- menced, unless the court shall certify that there was probable cause for the prosecution. P. G. L., (1860) Art. 29, Sec. 65. P. L. L., (1888) Art. 4, Sec. 197. 341. The same process may be issued for the recovery of the costs and expenses of such prosecution against the . person who may become liable therefor under the last preceding section, as could be issued against the party prosecuted, if he had been convicted. CRIMINAL COURT. 279 1886, ch. 46. P. L. L., (1888) Art. 4, Sec. 198. 342. The Mayor and City Council of Baltimore shall . , • T • 1 /-'I • • 1 Appearance not be liable in any criminal cases tried m the Criminal fee. Court of Baltimore for the appearance fees allowed by law to the attorney of the traverser. P. G. L., (1860) Art. 29, Sec. 66. P. L. L., (1888) Art. 4, Sec. 199. 343. Whenever the Grand Jury shall find any present- ment against any person for misdemeanor they shall endorse on the presentment the name of the person at Name of prose- whose instance such presentment is made, who shall be deemed and taken to be the person at whose instance such prosecution was commenced. P. G. L., (1860) Art. 29. Sec. 67. P. L. P., (1888) Art. 4, Sec. 200. 344. If any security in any recognizance shall request Surrender of to deliver up the principal, said court, or the judge there- of in the recess, may accept such surrender, and may require and take other recognizance, or commit the principal to jail until he gives such security as the law requires. P. G. L., (1860) Art. 29, Sec. 68. P. L. L., (1888) Art. 4, Sec. 201. 345. If any person convicted in said court shall have a Binding- out child or children under the age of twenty-one years, and shall not have property sufficient to maintain such child or children, the said court may bind such child or children to any trade or handicraft ; females until the age of sixteen, and males to the age of twenty-one years. P. G. L., (1860) Art. 29. Sec. 69. P. L. L., (1888) Art. 4, Sec. 202. 346. If any person who shall be summoned as a witness Fine of absent to said court shall fail to attend as required in said summons, he shall be fined by said court in its discretion, not exceed- ing one hundred and fifty dollars. 280 MISCELLANEOUS LOCAL LAWS. Forfeiture of bail. Enforcement of forfeiture. Fee in re- moved cases, to State’s At- torney. P. G. L., (1860) Art. 29, Sec. 70. P. L. L. ,(1860) Art. 4, Sec. 132. V. L. L., (1888) Art. 4, Sec. 203. 347. In all criminal cases in the said court in which bail shall be forfeited, the person who shall have entereid into such recognizance for the appearance of any traverser or prisoner shall be liable forthwith to an attachment for contempt for the non-appearance of said party, which attachment shall be issued by the court in which an indict- ment against said traverser or prisoner is pending, at the instance of the attorney prosecuting therein. P. G. L., (I860) Art. 29, Sec. 71. P. L. L-, (I860) Art. 4, Sec. 133. P. L. L., (1888) Art. 4, Sec. 204. 348. In all cases in which bail as aforesaid is forfeited, the court may, on the return of said attachment, order the person attached to stand committed until the amount of said recognizance is fully paid and satisfied, or may order said person to be discharged upon the payment of such lesser sum as it shall, in its discretion, deem proper; provided, such sum be not less than the amount of the costs which may have accrued in the case up to the time of passing such order. * 1865, ch. 187. P. L. L., (1888) Art. 4, Sec. 205. 349. In all criminal cases removed from the Circuit Court for Baltimore County to the Criminal Court of Balti- more and tried, the Judge of the Criminal Court may allow to the State's Attorney for Baltimore City in addition to the sum now allowed by law, a compensation not exceed- ing forty dollars in any one case, to be paid by Baltimore County to the City Register, for the benefit of the State’s Attorney, t *NoTE . — See note page 207, City Code (1879). fAs to costs and counsel fees in removed cases see: Mayor, etc. v. Co. Commrs., Balto. Co., 19 Md. 554. Co. Comnirs., How. Co. v. Co. Commrs., Fred. Co., 30 Md. 432. M. & C. C. of Balto. Co. Commrs., How. Co., 61 Md. 326. C/., note to Wright v. Hanmer, 5 Md. 370. orphans' court. 281 P. G. L., (1860) Art. 29, Sec. 7. P. L. L., (1888) Art. 4, Sec. 206. 350 . The Criminal Court of Baltimore may appoint assistant counsel for the State to aid in the trial of criminal or other State cases in said court whenever in the judgment of the court the public interest requires it. P. G. L., (1860) Art. 29, Sec. 8. P. h. L., (1888) Art. 4, Sec. 207. 351 . The Mayor and City Council of Baltimore shall pay of. levy and pay such sum as in their judgment will be an adequate compensation for the services rendered by such assistant counsel ; provided, the sum levied and paid in any single case shall not exceed one hundred dollars. Orphans^ Court. 1865, ch. 169. P. L. L., (1888) Art. 4, Sec. 208. 1898, ch. 256. 1900, ch. 182. 352 . The Judges of the Orphans’ Court of Baltimore Per diem of City shall receive nine dollars for every day’s attendance upon the sessions of said Court, to be paid by the City of Baltimore monthly, and the sessions of said Court shall continue from 11 A. M. until 3 P. M., if necessary for the transaction of business of the Court. 1868, ch. 20. P. L. L., (1888) Art. 4, Sec. 209. 1900, ch. 182. 353 . The Bailiff of said Orphans’ Court shall receive Per diem of five dollars a day for each day’s attendance upon said Court. Register of Wills. P. L. L., (1860) Art. 4, Sec. 824. P. L. L., (1888) Art. 4, Sec. 210. 354 . The Register of Wills of Baltimore City, upon his Bond of. election or appointment, and at and before the expiration of every two years thereafter, shall give bond to the State 282 MISCELLANEOUS LOCAL LAWS. of Maryland in the sum of thirty thousand dollars, condi- tioned for the faithful performance of all the duties now or which may hereafter be required of him by law, with securities, the sufficiency of which shall be certified by the Judges of the Orphans’ Court for said City, the same to be approved by the Comptroller of the State, and when ap- proved, to be filed in his office. As to commissions, see. Banks v. State, 60 Md. 305, P. L. L., (I860) Art. 4, Sec. 825. P. L. L., (1888) Art. 4, Sec. 211. 355. When said bond is inspected by the judges of said Approval of court, and is deemed good and sufficient, and is so certi- fied, the same shall be forthwith entered among the pro- ceedings of said court, and sent to the Comptroller for his approval ; and when said bond shall be approved by the Comptroller, he shall forthwith make a certificate of the fact of such approval, and send the said certificate to the Judges of said Orphans’ Court, and the same shall be entered among the proceedings of the court. P. L. L., (1860) Art. 4, Sec. 826. P L. L., (1888) Art. 4, Sec. 212. Failure to give 356 . A refusal or neglect on the part of said Register to give bond, to be approved and recorded as aforesaid, within the time prescribed, shall be deemed a disqualifica- tion within the meaning of the Constitution, and thereupon his place shall be filled according to the provisions of the 25th and 41st sections of the 4th Article of the Constitu- tion, and subject to the term and service therein prescribed. Clerks of the Law Courts of Baltimore City. * P. G. L., (1860) Art. 18, Secs. 66, 71. 1867, ch. 401. P. L. L., (1888) Art. 4, Sec. 213. Clerks’ Bonds. 357 . The Clerk of the Superior Court of Baltimore City shall give bond to the State of Maryland in the sum of *NoTE . — Pozvers of Clerks of Law Courts of Baltimore City. Sections 11 and 15 of Article IV of the Constitution of 1851 confer the powers of CLERKS OF THE LAW COURTS OP BALTIMORE. 283 thirty thousand dollars ; the Clerk of the Court of Common Pleas in the sum of fifty thousand dollars, and the Clerk of the Baltimore City Court in the sum of twenty thousand dollars, each of said bonds conditioned for the faithful performance of all the duties now required of each of said clerks by law, with sufficient securities ; the sufficiency of which securities shall be certified to by the Judge of each of said courts, and approved by the Comptroller of the State as herein directed.** Vansant v. State, 96 Md. 110. Amer. Bonding Co. v. Mechanics Bank, 97 Md. 604. P. G. L., (1860) Art. 18, Sec. 67. P. L. L-, (1888) Art. 4, Sec. 214. 358. When the sufficiency of the securities in each of said bonds is certified to by the judges of the several courts, the bonds shall be immediately recorded among the proceedings of the court to which the said clerk belongs, and then sent to the Comptroller for his approval ; and if the comptroller shall approve said bonds and securities he shall certify the same to the judges of said several courts, and such certificates shall be recorded in such respective courts. P. G. L., (1860) Art. 18, Sec. 68. P. L. L., (1888) Art. 4, Sec. 215. 359. Each of said clerks shall every second year renew Renewal of. his said bond in the same penalty, and with securities to be certified and approved as hereinbefore directed. P. G. L., (1860) Art. 18, Sec. 69. P. L. L., (1888) Art. 4, Sec. 216. 360. If any one of the clerks of said courts shall fail to give bond as hereinbefore directed, within thirty days give bond. the Clerk of the Baltimore County Court on the Clerks of the Court of Common Pleas and the Superior ^ourt ; all doubts on this point are removed by Acts of 1886, ch. 154 and 1884, ch. 233. B. & O. R. R. Co. V. Smith, Daily Record, March 27, 1890. **Bond of Clerk of Court is liable for Salaries of his deputies. State use of Smith v. Turner, 101 Md. 584. 284 MISCELI.ANKOUS LOCAL LAWS. after he has received his commission, or shall fail to give a new bond within thirty days after the expiration of two years from the date of the bond previously given, it shall be regarded as a misdemeanor in office, and upon conviction thereof he shall be removed.** Dowling V. Smith, 9 Md. 242. P. G. L., (1860) Art. 18, Sec. 70. P. L. L., (1888) Art. 4, Sec. 217. Sureties upon. 30 (Jeputy or assistant of a clerk shall become a surety on his official bond. 1864, ch. 74. 1864, ch. 385. P. L. L., (1888) Art. 4, Sec. 218. 362 . The Clerks of the Superior Court of Baltimore City, of the Common Pleas, and Baltimore City Court are of judg- each authorized and required to prepare an index of all judgments rendered in the courts aforesaid ; and they shall severally, on each day after the adjournment of court, enter in a book to be provided for that purpose, an index of each judgment rendered in the court whereof he is clerk ; and they are authorized severally to charge and receive ten cents for each judgment indexed as aforesaid ; said fee to be taxed in the bill of costs of each case in which judgment is entered— to be collected as other fees are now collected. P. G. L., (1860) Art. 18, Sec. 73. P. L. D., (1888) Art. 4, Sec. 218. 363 . All the provisions of sections 61-66 inclusive of Art- icle 17 of the Code of Public General Laws, title “Clerks of Courts,’’ sub-title “Clerks of the Circuit Courts,” relating to the obtaining of blank licenses, granting the same and returning an account thereof to the Comptroller by the clerks of the circuit courts for the counties, shall apply to the Clerk of the Court of Common Pleas, and it shall be his duty to comply with such provisions. **Note . — See note to Sec. 54, Art. XIV, page 210, Baltimore City Local Code (1879). CLERKS OF THE LAW COURTS OF BALTIMORE. 285 1890, ch. 630. P. L. L., (1888) Art. 4, Sec. 218A. 1896, ch. 435. 364. The Clerk of the Superior Court of Baltimore^ . Certain records City is authorized and empowered to have fair and legible to be copied, copies made of such land record books in his custody of the classes and description hereinafter named, as have be- come worn, mutilated or illegible, that is to’ say, fifty-six volumes of the said land record books, of a date prior to the year eighteen hundred ; five volumes of the series of land record books known as ‘ ‘W. G. ^ ’ and eight volumes of the said land record books, of the series known as “E. D.’’ 1898. ch. 146. §364a. It shall be the duty of the Clerk of the Superior Court of Baltimore City, as soon as practicable after the pJe^ne^w^i passage of this Act, to make and prepare for use in his office new indexes of all land records and conveyances in his keeping between the years 1864 and 1886, and rearrange them in accordance with the modern system, as now used in his office for the current work. 1902, ch. 189. §364b. The Clerk of the Superior Court of Baltimore City is hereby authorized to prepare a set of indexes, upon i^and indexes the block system, or general index plan, now in use in his b?p~ripared. office, as may appear to be most practicable, for the land records covering the period between the years 1851 and 1888. 1890. ch. 630. P. L. L., (1888) Art. 4, Sec. 218B. 365. A copy made in pursuance of the provisions of the preceding sections, and compared and certified under copies to be oath by the said Clerk of the Superior Court of Baltimore City, to be a true copy, shall have the same force and effect when deposited among the said land records of said City, as if it were an original record. 286 MISCELI.ANEOUS EOCAE EAWS. Record books to be kept. Bond of. Renewal of. Bond of. 1890, ch. 630. P. E. E., (1888) Art. 4, Sec. 218C. 366. After the aforesaid copies shall have been duly made as above provided, the original land record books so replaced shall be removed to some place of safe keeping by the said Clerk of the Superior Court of Baltimore City, and carefully preserved, and only exhibited or allowed to be inspected upon an order of court, or in the discretion of the said Clerk of the Superior Court of Baltimore City. Clerk of the Criminal Court of Baltimore. P. G. L., (1860) Art. 18, Sec. 74. P. E. E., (1888) Art. 4, Sec. 219. 367. The Clerk of the Criminal Court of Baltimore shall give bond to the State of Maryland in the penalty of fourteen thousand dollars, with sufficient security, to be approved by the Judge of said court; and conditioned for the faithful performance of all the duties now required, or which may hereafter be required of him by law, and to be recorded in the office of said clerk. P. G. E., (I860) Art 18, Sec. 75. P. E. E., (1888) Art. 4, Sec. 220. 368. The said clerk shall renew said bond at the same time and under the same penalty as are prescribed for the clerks of the Circuit Courts. Clerk of the Circuit Court of Baltimore City, and of the Circuit Court Number Two of Baltimore City. P. G. E., (I860) Art. 18, Sec. 76. 1888, ch. 194. P. E. E., (1888) Art. 4, Sec. 221. 369. The Clerk of the Circuit Court of Baltimore City, and of the Circuit Court Number Two of Baltimore City, shall respectively enter into bond to the State in the penalty of twenty thousand dollars, conditioned for the faithful discharge of his duties, with security to be approved by the Judge of said courts. SALARIES OF CLERKS OF COURTS. 287 Salaries of Clerks of Courts, 1868, ch. 54. P. L. E., (1888) Art. 4, Sec. 222. 370. Whenever the fees or other compensation of any cierks> salaries payable out ‘of the clerks of the courts of Baltimore City shall, after of fees; pro- vision when the payment of all necessary expenses, fail to pay such officers the salary provided for by the Constitution, and any of said clerks shall, under section 1st. Article 15, of the Constitution, have paid to the State any sum of money as excess, after retaining* his salary, such excess is appro- priated to the payment of the salary so in arrear until each of said clerks shall have received the full amount thereof; and it shall be the duty of the Comptroller of the State to draw a warrant upon the State Treasurer for the payment of said arrears out of the said excess, not to exceed the whole amount so in arrears, and not to exceed the whole amount of said excess paid into the treasury of the State. 1896, ch. 438. 371. The Comptroller of the State of Maryland be and he is hereby directed to draw a warrant upon the State ® cieX Treasurer for the payment of the sum of twenty-five hun- dred dollars per annum in each and every year, in quarterly instalments of six hundred and twenty-five dollars at the end of each and every quarter, for the compensation of the trust clerk designated by the Supreme Bench of Balti- more City in the offices of the Circuit Court of Baltimore City and Circuit Court No. 2 of Baltimore City, for the supervision of the trust estates in said courts, payment of said salary to be made out of any money paid by the clerks of the several courts of Baltimore City unto the State Treasury, and on the certificate of some one of the judges of the Supreme Bench of Baltimore City that such trust clerk has performed his duties for the time so certified by said judge. 288 MISCEI.I.ANKOUS EOCAL LAWS. Criers and bail- iff, how paid. Salaries of criers. Salaries of bail- iffs. Criers, Bailiffs, Watchmen and Stenographers. P. L. L., (I860) Art. 4, Sec. 134. 1888, ch. 194. P. L. L., (1888) Art. 4, Sec. 223. 372. The Clerks of the Circuit Court, Circuit Court Number Two, the Criminal Court, the Court of Common Pleas, the City Court and the Superior Court of Baltimore City shall severally, at the end of every month, certify to the Mayor and Register of the City the amount due the several bailiffs and criers of their respective courts, and the Mayor and Register shall pay them accordingly. 1864, ch. 113. P. L. L., (1888) Art. 4, Sec. 224. 373. The City Register shall pay to the crier of the Superior Court of Baltimore City, the crier of the Baltimore City Court, and the crier of the Court of Common Pleas of Baltimore City the sum of fifteen hundred dollars per annum, in monthly instalments of one hundred and twenty- five dollars at the end of each and every month, as and for their respective salaries, on the certificates of said clerks of the said courts that said criers have performed their several duties as criers of said courts for the time so certified by said clerks. 1870, ch. 94. 1888, ch. 194. P. L. L., (1888) Art. 4, Sec. 225. 374. The City Register shall pay to the bailiffs, re- spectively, of the Superior Court of Baltimore City, of the Court or Common Pleas of Baltimore City, of the Baltimore City Court, of the Circuit Court of Baltimore City, of the Circuit Court Number Two of Baltimore City and of the Criminal Court of Baltimore City the sum of fifteen hundred dollars per annum, as and for their respective salaries, at the same time and in the same manner as is provided in the preceding section for the payment of the salaries of the crier of the Superior Court, the crier of the Baltimore City Court and the crier of the Court of Common Pleas of Baltimore City. CRIERS, BAIEIFFS, WATCHMEN AND STENOGRAPHERS. 289 1872, ch. 87. 1888, ch. 194. P. L. E., (1888) Art. 4, Sec. 226. 375. The Clerk of the Circuit Court of Baltimore City and the Clerk of the Circuit Court Number Two Baltimore City are respectively authorized and empowered to appoint a night watchman, whose duty shall be to strictly and vigilantly guard throughout the year, between the hours of six P. M. and seven A. M., the records and papers desposited in their respective offices, and who shall be removed in the discretion of the said clerks, respectively, for neglect or carelessness in the discharge of his duties, or for other good and sufficient cause. 1872, ch. 87. 1888, ch. 194. P. L. E., (1888) Art. 4, See. 227. 376. The City Register shall pay to the said watchman the sum of nine hundred dollars per annum, as and forp^yof. their respective salaries, in the same manner as is pro- vided for the payment of the salaries of the bailiffs of the Courts. 1878, ch. 479. P. E. E., (1888) Art. 4, See. 228. 377. The Clerk of the Court of Common Pleas in Balti- more City is authorized and empowered to appoint a night ^ight watch- watchman, whose duty it shall be to strictly and vigilantly guard, throughout the year, the records and papers de- posited in the office of the Clerk of the Court of Common Pleas, and who shall be removed, in the discretion of the said clerk, for neglect or carelessness in the discharge of his duties, or for other good and sufficient cause. 1878, ch. 479. P. E. E., (1888) Art. 4, Sec. 229. 378. The City Register shall pay to the said watchman the sum of eighty-three dollars and thirty-three cents per month, as and for his salary, in the same manner as is provided for the payment of the salaries of the bailiffs of the courts. 290 MISCEI.I.ANEOUS EOCAE EAWS. Court stenog- raphers. Salaries, Qualifications, term of office, duties. Judge, if notes are neces- sary, may tax same in bill of costs. 1867, ch. 373. 1892, ch. 122. P. E. E., (1888) Art 4, Sec. 230. 379 . The Judges of the Supreme Bench of Baltimore City are authorized and directed to appoint from time to time as many court stenographers, not exceeding in num- ber altogether the number of said judges, as shall in their discretion be required for the services of the several courts of Baltimore City, who shall be sworn officers of the court, and shall each be paid a salary of fifteen hundred dollars per annum, when such stenographers shall be required to attend the courts regularly, or ten dollars per diem for each day of actual employment, when he shall be appointed to attend only when his service shall be specially required by the judge ; said salaries to be paid in like manner as the salaries of the other officers of the courts are now paid as prescribed in section 372 of this sub-divison. 1867, ch. 373. P. E. L., (1888) Art. 4, Sec. 231. 1892, ch. 122. 380 . Each of the stenographers so appointed shall be skilled in the practice of his art, and shall hold his position during the pleasure of the Supreme Bench. It shall be his duty, under the direction of the judge of the court to which he may be assigned for the time being, to take full sten- ographic notes of all oral testimony and judicial opinions orally delivered in every judicial proceeding ; and it shall be his duty to furnish to any party to such proceeding, upon request, a typewritten copy of the notes of testimony and judicial opinions so taken by him, or of such part thereof as may be required, on payment by such party of the expenses of such copy, at such rates as shall be fixed by rule of court at the time. Whenever any judge shall be satisfied that a copy of all or any part of the stenographic notes of testimony or judicial opinions, taken during any judicial proceeding at which he presided, is necessary for the purpose of justice, he shall under such rules as shall be prescribed by the Supreme Bench, pass an order that the expense of making a copy of such part of said stenographic notes as he shall specify in said order shall be deemed a necessary disbursement of the proceeding, and allowed as CkiERS, BAILIFFS, WATCHMEN AND STENOGRAPHERS. 291 such to the prevailing party, and it shall be so taxed in the bill of cost, but shall be paid in the first instance as shall be directed in said order. 1867, ch. 373. P. L. L., (1888) Art. 4, Sec. 232. 381 . The Judges of the Orphans’ Court of the City of stenographer ; Baltimore are authorized and directed to appoint a sten- Court.^ ographer for that court, who shall be a sworn officer of the court, but shall be required to attend the sessions of such court only when specially summoned by the presiding judge thereof. The stenographer so appointed shall be skilled in the practice of his art, and shall hold his position so long as he efficiently discharges the duties of his office. In any proceeding in said court in which either party shall give ^ proceedings notice that in the event of a decision of said court adverse taken; duties, to the claim of such party, an appeal will be taken to the Court of Appeals, the presiding judge of the court shall require the attendance of the stenographer, whose duty it shall be in such proceedings to take full stenographic notes of all oral proofs and judicial opinions orally delivered ; and in case appeal shall be taken from the decision of the court, such notes shall be transcribed, and after being signed by the witnesses, deponents or affiants, shall become a por- tion of the record of the case, to be transmitted by the judges of the court to the Court of Appeals. By consent of the parties to the proceedings in which such proofs shall be taken, and of the judges of said court, the signing of such record of proof by the witness, deponent or affiant, may be waived; in which case such record, after being authenticated by the certificate of said stenographer, or of the presiding judge of the court, shall be deemed to be the record of any proofs or proceedings so taken. The stenographer shall re- compensation, ceive as compensation for his services the sum of eight dollars for each day of actual attendance at the court, by direction of the presiding judge thereof, which sum the presiding judge shall cause to be paid equally by the respective parties to the proceeding in which the notes shall be taken, and shall enforce payment thereof ; and if the notes so 292 MISCKIvIvANEOUS EOCAL LAWS. Stenographer’ assistant. Per diem of. Officers’ fees. What fees sheriff may collect. taken shall be transcribed, as hereinbefore provided, the expense of such transcriptions, at the rate of ten cents for each one hundred words so transcribed, shall be taxed in the bill of costs of the proceedings to the party appellant, and shall thereafter be awarded as costs by the Court of Appeals, in accordance with the provisions of the Code of Public General Laws. Cannon v. Crook, 32 Md. 483. Denison v. Denison, 35 Md. 370. 1867, ch. 373. P. D. L., (1888) Art. 4, Sec. 233. 382. The stenographer in each of the courts herein- s before named may appoint an assistant stenographer, who shall also be a sworn officer of the court, to assist him in the discharge of his duties ; provided that no additional compensation shall be paid or expense incurred by reason of such appointment. Sheriff. 1874, ch. 300. P. D E., (3888) Art. 4, Sec. 234. 383. The Sheriff of Baltimore City shall be allowed four dollars per day for every day he shall attend, either in person or by deputy, in the Superior Court of Baltimore City, and in the Court of Common Pleas, and in the Balti- more City Court, and in the Criminal Court of Baltimore, to be paid to him out of the money received as fees or fines in the Sheriff’s office, belonging to the State. 1861, ch. 55. P. E. E., (1888) Art. 4, Sec. 235. j 384. Any officer may send out his fees on execution at : any time during the year. < 1861, ch. 53. P. E. E., (1888) Art. 4, Sec. 236. 385. The Sheriff shall collect the fees due to the follow- ing officers, which may be placed in his hands for collection. WITNESSES, DOCKET ENTRIES, RECORDS. 293 namely : attorneys, clerks of all the courts, commissioner of the land office, coroners, criers, registers of wills, surveyors and sheriffs. 1861, ch. 53. P. E. L., (1888) Art. 4, Sec. 237. 386. The Sheriff may distrain or execute the goods and Distraint or ex- chattels of any person against whom any fees are placed in his hands for collection ; provided, he has sixty days previously delivered to such person, or left at his place of abode, an account of such fees. Witnesses, Docket Entries, Records. 1878, ch. 28. P. E. E., (1888) Art. 4, Sec. 238. 1898, ch. 123. 1900, ch. 279. 387. Witnesses attending any of the Courts of Balti- more City, except the Criminal Court of Baltimore, shall Allowance of be entitled to fifty cents a day, and in the Criminal Court shall not be entitled to said allowance, except by the express order of the Court, and only in such cases as the Court in its discretion may deem proper. But any of the Courts of Baltimore City may, in its discretion, allow itinerant charges to out-of-town witnesses. 1884, ch. 23. P. E. E., (1888) Art. 4, Sec. 239. 388. In any suit now pending, or hereafter to depend. Docket entries in any court in the City of Baltimore, wherein a transcript evidence!^^’ of the record of any cause in any other court in the City of Baltimore might be offered in evidence, it shall be sufficient to produce the docket entries and original papers and proceedings in said last-mentioned cause, or the record book in which the same have been recorded, and if required by law to be recorded, and actually recorded, and offer the same in evidence ; and the same, when so produced and offered in evidence, shall have the same effect, to all intents and purposes, as a transcript of the 294 miscellaneous local laws. record thereof, under the seal of the court wherein the ^^?mfmay°be sume are ; and such production may be had by any party had at trial, -j-q ^ upon a suhpwua duces tecum issued to the clerk of the court wherein such docket entries, original papers and proceedings may be. Kil bourn v. Goldsmith, 46 Md. 289. Costs. 1882, ch. 354. P. L. L., (1860) Art. 4, Sec. 159>^. P. L. L., (1888) Art. 4, Sec. 240. costejn cases 389. In all actions at law for wrongs, independent of contracts, in any of the courts of Baltimore City, where the verdict or inquisition of damages after default made shall be for a sum less than fifty dollars, the costs shall be adjudged to the defendant, unless the Court shall other- wise determine ; but the Court, before allowing costs to the plaintiff in such case, shall be satisfied that he had good reason for not bringing suit before a Justice of the Peace ; and in all cases of appeals whatsoever from judg- ments of Justices of the Peace in Baltimore City, costs shall be allowed to plaintiff or defendant, in the discretion Proviso. of the Court ; provided, that in all cases involving the title to real estate, wherein the verdict or judgment is for the plaintiff, he shall be allowed his costs. * Repp V. Berger, 60 Md. 1. 390. Repealed by Act 1902, ch. 496. 391. Repealed by Act 1902, ch. 496. *Note. — Costs. As to allowance for costs of depositions rendered unnecessary by the appearance of party at trial, see, Dorsey v. Heinzerling, Dail}^ Record, October 18, 1897. A rtile security for costs will not be laid against a non-resident legal defendant when there is a resident equitable defendant liable for such costs under the statute. Kellog V. Bokee, Daily Record, December 7, 1898. As to attach77ient for costs, see, Matthews v. Davidson, Daily Record, June 17, 1891. DEAF, DUMB AND BLIND. 295 392 . Repealed by Act 1902, ch. 496. 393 . Repealed by Act 1902, ch. 496. 394 . Repealed by Act 1902, ch. 496. DEAF, DUMB AND BLIND. P. G. L., (1860) Art. 33, Sec. 1. P. L. L., (1888) Art. 4, Sec. 246. 395 . It shall be the duty of the Mayor and City Council city to certify of Baltimore, on the application of any parent, guardian or next friend (provided such parent, guardian or next friend has been a hona fide citizen of this state for at least two years previous to such application) of any deaf and dumb person of teachable age and capacity, not exceeding the age of twenty-one years, to inquire into the age and capacity of said deaf and dumb person, and also into the ability of such person, his or her parent or guardian, to pay the expense of his or her education ; and if satisfied by evidence produced that such person is of teachable age, and is endowed with capacity to receive instruction, and that neither person, or his or her parents or guardian is possessed of means to pay for such instruction, then it shall be the further duty of the Mayor and City Council of Baltimore aforesaid to certify the same to the Governor of this State. P. G. L., (1860) Art. 33, Sec. 2. 1865, ch.*68. 1870, ch. 478. P. L. L., (1888) Art. 4, Sec. 247. 396 . On receiving the certificate of the Mayor and City Duty of cover- Council of Baltimore as aforesaid, it shall be the duty of ceiving certi- the Governor to authorize the instruction of said deaf and dumb person in the Maryland Institute for the Education of the Deaf and Dumb, located at Frederick, for a term not ex- ceeding seven years ; and it shall be the further duty of the Governor, on the certificate of the President of said institu- tion that such deaf and dumb person has been taught at said institution, to order the Comptroller of the Treasury to to Governor of fitness of applicant to receive in- struction. 296 MISCKLLANKOUS LOCAI. I.AWS. Regulations in regard to ap- plications and expense of instruc- tion. Appropriation for instruc- tion. Requisites of recommen- dation. draw his warrant on the Treasurer of the State for two hundred dollars per annum for each deaf and dumb person taught in pursuance of his authority at said institution, payable to the president thereof, in quarterly payments, on the first days of January, April, July and October in each year ; and the Governor shall also order the Comp- troller of the Treasury to draw on the State Treasurer his warrant, payable to the proper party, for the expenses necessarily incurred in transporting and returning said deaf and dumb person ; provided, that the whole amount drawn from the treasury for the purposes aforesaid shall not exceed seven thousand five hundred dollars in any one year ; provided, further that the Governor shall dispose of applications in behalf of deaf and dumb persons, under the provisions of this sub-division of this Article, in the order in which they may be made ; and if the applications be more than sufficient to absorb the aforegoing appropri- ation, he shall suspend the action upon the excess until vacancies occur, or further provision be made by the General Assembly. P. G. L., (1860) Art. 33, Sec. 3. 1858, ch. 205. 1886, ch. 278. P. L. L., (1888) Art. 4, Sec. 248. 397. A sum not exceeding twenty-one thousand dollars shall be and is hereby annually appropriated, to be applied, under the direction of the Governor, in placing for instruction in the Maryland Institute for the Instruction of the Blind, such indigent blind persons of the age of nine years and upwards, inhabitants of this State and the county or City from which they are recommended, to the Governor by the county commissioners of each county, or the judges of the Orphans' Court of Baltimore City. P. G. Iv., (1860) Art. 33, Sec. 4. P. ly. L., (1888) Art. 4, Sec. 249. 398. The recommendation shall state that such blind persons are in such indigent circumstances as to be unable from their own resources, or those of their parents, to obtain instruction, and are of good natural capacity. DESTROYING PROPERTY MAEICIOUSEY. 297 1865, ch. 75. 1886, ch. 278. P. L. L., (1888) Art. 4, Sec. 250. 399 . The amount per annum paid for any one individual shall not exceed the sum of three hundred dollars, nor the instruction, term of instruction eight years. P. G. L., (1860) Art. 33, Sec. 6. P. E, L., (1888) Art. 4, Sec. 251. 400 . The Governor shall report to the General Assembly at each regular session thereof the amount of money SerluIJde”!^ expended by him in pursuance of the provisions of this sub-division of this article and the names, ages and places of residence of the different applicants. DESTROYING PROPERTY MALICIOUSLY. P. E. E., (1888) Art. 4, Sec. 251 A. 1896, ch. 270. 401 . If any person shall maliciously cut, disfigure, muti- penalty forma- late, damage, destroyer otherwise injure any goods, wares, structfon^S materials or merchandise intended to be manufactured, made up or converted into garments, wearing apparel or other articles of merchandise, and belonging to any other person, or shall maliciously cut, disfigure or otherwise injure any garments, wearing apparel or other articles of merchandise belonging to any other person, or shall cause the same to be done, or shall by any means cause or incite any person to do the same, upon conviction thereof, before any tribunal of competent jurisdiction, he shall be fined not more than fifty dollars, or to be sentenced to imprison- ment in the House of Correction for not more than six months, or both fined and imprisoned in the discretion of the court. 402 - 425 . Sections 402 to 425 both inclusive, repealed by Act 1902, ch. 296.* *Note. — This act (1902, ch. 296) repeals the Eocal Eaw upon the sub- ject of Elections, and by supplementing Art. 33 of the Public General Eaws provides for elections in Baltimore City. 298 MISCELIvANKOUS EOCAE EAWS. EXAMINING ENGINEERS. 1892, ch. 448. P. E. E., (1888) Art. 4, Sec. 297A. Governor to appoint board of, bi- ennially. Oath. Bond. Office. Notice when examina- tions are to be held. 426 . The Governor shall biennially appoint, in and for the City of Baltimore, two engineers who have had not less than ten years' practical experience in running steam engines, boilers and appliances pertaining to stationary or portable engines, and who have been residents of this State for not less than five years next preceding the date of their appointment, who shall constitute and be known as the ‘ ‘ Board of Examining Engineers. ' ' The parties so appointed, before entering on their duties, shall make oath before a Justice of the Peace that they will faithfully per- form the duties of their office without fear, partiality or favor ; and that they will not, during their term of office, accept any money, gift, gratuity or consideration from any person, and shall give bond to be approved by the Comp- troller of the State, in the sum of three thousand dollars each, for the faithful discharge of their duties ; and before entering on said discharge of their said duties, the said inspectors shall provide themselves with an office in a proper location in the City of Baltimore, and shall give notice by publication for at least five days through the two daily papers having the largest circulation in said City, of the time and manner in which they will make the examin- ations hereinafter provided for. 1892, ch. 448. P. E. E., (1888) Art. 4, Sec. 297B. 427 . The said board shall have general supervision of all stationary engineers within the City of Baltimore ; it shall be their duty to examine all engineers of the age of twenty-one years or upward, who shall apply to them for examination ; and to give all parties so examined a certifi- cate of proficiency, if found proficient, and to refuse to give such certificate if not found proficient ; and the parties so receiving such certificate shall pay to said board the sum of three dollars for each certificate so issued, and for all renewals of all grades the sum of one dollar and fifty cents ; said certificates shall be of three grades ; a certificate of EXAMINING ENGINEERS. 299 the first grade will permit the holder thereof to take charge of any plant of machinery from one to five hundred horse- power, and the third grade to take charge of any plant of machinery from one to thirty horse-power; and the said certificate shall run for the term of one year and shall be renewed annually, the term of beginning of said certificate to be from the date of the examination of the respective applicant; provided, that no engineer having such certificate shall have charge of more than one plant of machinery at the same time unless said plant be of the same company and at one and the same place ; and no substitute who has not been examined and received the certificate aforesaid shall be placed in charge of machinery by an engineer who has. ** 1892, ch. 448. P. L. L., (1888) Art. 4, Sec. 297C. 428 . All persons of twenty-one years of age or upward who, after the adoption of this Article, shall desire to fill Engineers ... must secure a position as a stationary engineer, must make application certificates, to the “Board of Examining Engineers’^ for examination and certificate of proficiency, before he can pursue his avocation as such engineer ; provided, that any engineer employed as stationary engineer at the works of any steam railway, or any engineer employed as such with any stationary engine, who at the time of the adoption of this Article shall have been employed at the same place for the , , , , ^ ^ Act not to ap- term of six months or more, shall not be required to apply p’y to certain for such examination and certificate ; but whenever such engineers shall remove from the place where so employed they shall be, and are hereby required to make application for examination and certificate to said Board of examining Engineers as hereinbefore provided ; and provided further, that the provisions of this section shall not apply to persons running engines and boilers in sparsely settled country places, where not more than twenty persons are engaged **Note. — upon inspection of section 427, supra, it will be observed that while provision is made for three grades of certificates for stationary engineers, the privileges conferred upon holders of the second grade are not mentioned. 300 MISCKIylvANKOUS LOCAI. I.AWS. Hearing of charges against engi- neer. Certificates. Penalty. When board shall meet. To inspect steam plants. in work about such engines and boilers, nor to engineers running country saw and grist mills, threshing machines and other machinery of a similar character, nor to marine engineers engaged in steamboats, ships and other vessels run by steam, nor to those engaged as locomotive engineers of any steam railway company. And in the event of any charge being made to said board, of any engineer who may hold a certificate from them, of being intoxicated, while in charge of an engine or boiler, or of the neglect of duty on the part of such engineer or engineers, it shall be the duty of said board to immediately hear such charge, and if sustained, annul such certificate. The certificate granted to the respective applicants must be framed and kept in a conspicuous place at such place as such persons may be respectively at work. Any person violating the pro- visions of this sub-division of this Article shall be deemed guilty of a misdemeanor, and upon trial and conviction before a Justice of the Peace, shall be fined not less than twenty-five dollars nor more than fifty dollars, one-half of which shall be paid the informer and the balance to the State. 1892, ch. 448. P. Iv. L., (1888) Art. 4, Sec. 297D. 429 . Said Board of Examining Engineers shall meet at their office in the City of Baltimore for the purpose of examining applicants at least once in every week, and at a specified hour and day, and shall sit until all applicants shall be examined, and in the event of inability to examine all the applicants on the regular day of meeting, they shall continue their sessions for each successive day until the same shall be completed. They shall visit and inspect the running and management of all steam plants wherein the engineers are required to be examined as hereinbefore provided, not less than once every six months, and in the event of their finding on such examination that the engi- neer or engineers in charge of such plant or machinery are not running and managing the same with proper skill and care, they shall report the same to the State Board of Boiler Inspectors for their action ; and said Board of Examining EXAMINING ENGINEERS. 301 Engineers are hereby invested with power and authority ^ spJctioL'^' to enter all such premises and make the examination herein provided for ; and any owner of any such premises who shall refuse to allow them to enter and make such examination shall be deemed guilty of a misdemeanor and ^h”nderhig be punishable upon trial and conviction, as provided in the preceding section. 1892, ch. 448. P. E. E., (1888) Art. 4, Sec. 297E. 430. The said Board of Examining Engineers shall its receive an annual salary of fifteen hundred dollars each, and shall have power to employ a clerk or secretary at a salary not exceeding the sum of one thousand dollars per annum, and such expense shall be allowed said board as shall be incurred in traveling expense, office rent, stationery and printing, and for which they shall produce to the Comptroller of the State Treasury, proper vouchers ; provided, however, that no appropriation shall be made and no moneys paid by the State Treasurer to said board for or on account of said salaries and expenses, but that the same shall be paid to them by and from the fees received for the examination and certificates hereinbefore provided for ; and provided further, that the said board shall keep a strict account of all fees received for such Accounts toibe purposes, and quarterly, under oath or affirmation, return such statement to the Comptroller of the State Treasury ; and whenever the amount is in excess of the salaries and expenses hereinbefore provided for they shall forward such excess to said Comptroller, and they shall keep a certificate book with the certificates therein duly numbered and of which to each certificate there is a corresponding stub to be filled in to correspond in all respects to the certificate issued, and subject to the inspection of the Comptroller, when he may deem the same necessary. FERRIES. 1868, ch. 187. P. E. E., (1888) Art. 4, Sec. 298. 431. The Broadway and Locust Point Steam Ferry Company of Maryland is created to establish a steam ferry, 302 MISCEI^IvANEOUS eocal laws. ® Lo?JIt^po^nt suitable to transport passengers, goods, wagons, carriages, other transportable article, across, over and within the harbor of Baltimore ; and the said corpora- tion is made capable of erecting wharves, buildings, or any other contrivances necessary or convenient for the conduct of the business of the ferry, for which purpose the said corporation is authorized to purchase, hold, sell, rent or lease land. And the said Company is authorized and empowered to hold and use as a wharf or landing, for the use of said ferry, the end of the wharf commonly known as the County wharf, together with a right of way in common with others, through the centre of said wharf, of the width of ten feet, as a thoroughfare for travel to and from the end of said wharf ; and all the remainder of the border sides and surface of the said wharf, except the end and right of way granted, is reserved exclusively for the landing of such fruits, vegetables and other agricultural products as may be brought from the counties to the City of Baltimore, for sale or otherwise. Broadway and Locust Point Ferry Co. v. Hankey, 31 Md. 346. 1870, ch. 436. P. L. L., (I860) Art. 4, Sec. 299. Haubert street 432 . The said corporation is authorized and empowered used'^exdu- to occupy and use the wharf at the foot of Haubert Street, in the City of Baltimore, as a wharf or landing place for the ferry boats of said company, in exclusion of all other steam ferry boats plying in the harbor of said City. 1870, ch. 436. P. L. L., (1888) Art. 4, Sec. 300. 433 . It shall not be lawful for any steam ferry boat, wha^f at foot other than one of those belonging to the said Broadway of Broadway. Locust Point Steam Ferry Company of Maryland, to land at or use either of the sides or the end of said wharf at the foot of Haubert street, nor the end or either of the sides of the wharf at the foot of Broadway, mentioned in section 431 of this Article ; and any and every person in charge, control or command of any steam ferry company, other than a boat belonging to the said company, who shall FERRIES. 303 use or attempt to use the ends or either of the sides or any part of the wharves mentioned, for a landing place or wharf for the steam ferry boat so in his charge, control or command, shall each be subject to, and shall pay a of twenty-five dollars for each and every time the said use. steam ferry boat so in his charge, control or command of such person shall touch at either of the wharves aforesaid, which fines shall be enforceable and collectible according to law. Broadway, etc. Co. v. Hankey, 31 Md. 346. 1870, ch. 436. P. E. E., (1888) Art. 4, Sec. 301. 434. The said company is authorized to erect gates and ^ates and ticket houses on the wharves at the foot of Broadway and IjoSeV Haubert street in said City of Baltimore. 1868, ch. 187. 1870, ch. 436. P. E. E., (1888) Art. 4, Sec. 302. 1902, ch. 351. 435. The said corporation shall keep and run on their ferry routes two good and substantial steam ferry boats, staunch and seaworthy, and supplied according to the law in such cases made and provided ; and the said corporation shall so manage the said ferry as that one of their ferry sW. boats shall leave each end of said ferry at least every ten minutes between the hours of six o^clock A. M. and eight o^clock P. M., and at intervals of twenty-five minutes be- tween the hours of eight o^clock P. M. and twelve o’clock midnight ; provided, that the requirements of this section shall be directory only and not mandatory upon said corporation when the weather, public convenience or traffic justify said corporation in altering said requirements. 1868, ch. 187. P. E. E., (1888) Art. 4, Sec. 303. 436. The said corporation shall not charge any greater sums than are contained in the following scale of prices, to wit : F or one passenger, five cents ; for one horse, mule or ass, and rider or driver, ten cents ; for one cow and driver, ten cents ; for every swine, three cents ; for every sheep. 304 MISCELLANEOUS LOCAL LAWS. Who shall pass free. To whom to be paid. two cents ; for every calf, two cents ; for every heifer, three cents ; for one horse, cart and driver, fifteen cents ; for two horses, cart and driver, eighteen cents ; for one horse, wagon and driver, fifteen cents ; for two horses, wagon and driver, eighteen cents ; for every additional horse to those above enumerated, harnessed to a wagon or cart, three cents ; for every two-seated carriage and two horses, fifteen cents ; for every four-seated carriage and one horse, twelve cents ; for every four-seated carriage and two horses, twenty cents ; for every additional horse to those above enumerated, harnessed to a carriage, five cents ; for one lumber wagon and one horse or two horses, twenty-five cents. 1868, ch. 187. P. L. L., (1888) Art. 4, Sec. 304. 437. Firemen in actual discharge of their duties, together with their apparatus, accoutrements and horses, police officers in the actual discharge of their duties, and all funerals, shall pass free. FINES AND FORFEITURES. P. L. L., (1860) Art. 4, Sec. 232. P. L. L., (1888) Art. 4, Sec. 305. 1892, ch. 411. 438. One-half of all fines adjudged by and accruing in the Criminal Court of Baltimore, when secured by the Sheriff of Baltimore City, shall be paid to the Mayor and City Council of Baltimore, and out of said fines the judge of said court may order and direct to be paid to the State’s Attorney of said City such additional fees in cases of extraordinary duration and trouble, as he may deem just and reasonable, but this section shall not have any effect upon the rights of informers. Rawlings v. State, 2 Md. 20. 1884, ch. 119. P. L. L., (1888) Art. 4, Sec. 306. 1894, ch. 519. 439. The Sheriff of Baltimore City shall, on or before the first day of December in each year, divide equally all FINKS AND FORFEITURES. 305 fines imposed by the Criminal Court of Baltimore City on fiVis' persons convicted for keeping houses of ill-fame, .among such incorporated dispensaries of said City as shall comply with the provisions of the succeeding section. Snowden tj. Baltimore Dispensary', 60 Md. 85. 1884, ch 119. P. L. L., (1888) Art. 4, Sec. 307. 440 . Such fines shall be divided equally among those Di«j>en^s^anes incorporated dispensaries which shall, within ten days after the tenth day of November in each year file in the office of the Sheriff of Baltimore City separate reports, the treated, truth of each of which shall be sworn to by one of the officers of the dispensary filing the same, before any officer of the State of Maryland authorized by law to administer oaths, showing that in the year preceding such tenth day of November, the said dispensary had under its charge more than two thousand separate persons as patients, and that its said dispensary was open for the treatment of disease two hours daily, and for the free distribution of medicine to the poor six hours daily on each week day and two continuous hours on each Sunday in said year. 1884, ch. 119. P. L. h., (1888) Art. 4, Sec. 308. 441 . In case said fines shall not be claimed by any such unclaimed dispensary in the manner specified in the two preceding sections, then said fines shall be paid by the Sheriff to the Mayor and City Council of Baltimore. 1884, ch. 119. P. D. D., (1888) Art. 4, Sec. 309. 442 . The said Sheriff’s official bond shall be responsi- Bond of sheriff ble for the faithful payment of said money as hereinbefore provided, and shall be liable for any default in any duty herein required to be performed by him. P. L. L., (1860) Art. 4, Sec. 234. P. L. L., (1888) Art. 4, Sec. 310. 443 . No person shall hereafter be allowed to gi ve . „ » ^ ® fines; ini- security tor the payment of any fine and costs imposed by pnsonment the Criminal Court of Baltimore, but any person who shall y 306 MISCELLANEOUS LOCAL LAWS. be sentenced by the court to the payment of any fine and costs shall stand committed until they are paid; provided, that if such fine and costs are less than ten dollars, the person so sentenced shall be discharged from custody at the end of thirty days from the date of their imposition, if no im- *'^?rTsoSme“t P^i^onmont has also been ordered by the court, or at the end rr?not paid thirty days from the expiration of the time for which ’ said person shall have been ordered to be imprisoned, upon sufficient proof shown to the Court that the person im- prisoned is unable to pay the said fine and costs; dindprovided also, that if the said fine and costs are more than ten and less than fifty dollars, the person so imprisoned shall be dis- charged from custody at the end of sixty days from the imposition thereof, if no imprisonment be ordered by the court, or at the end of sixty days from and after the expira- tion of the time for which said person has been ordered to be imprisoned, on proof shown of his inability to pay said fine and costs ; and provided, also, that if the said fine and costs exceed the sum of fifty dollars, the person so im- prisoned shall be discharged from custody at the end of six months from the imposition thereof, or from the expiration of the term for which he was ordered to be im- prisoned, on proof shown of his inability to pay. 1880, ch. 211. P. L. L., (1888) Art. 4, Sec. 311. i^efimdon of a 444. When any fine or penalty is imposed by any Act of fence within Assembly of this State, or by any ordinance of any incor- toance^"" town in this State, enacted in pursuance of sufficient authority, for the doing of any act forbidden to be done by such Act of Assembly or ordinance, or for omitting to do any act required to be done by such Act of Assembly or ordinance, the doing of such act, or the omission to do such act, shall be deemed to be a criminal offence ; such offence, in the City of Baltimore, shall be of offen- pj^osecuted by the arrest of the offender for such offence, and by holding him to appear in or committing him for Note. — I n connection with fines, see. Day v. State, 7 Gill 322. State V, Mace, 5 Md. 337. FIRE — FIRE DEPARTMENT. 307 trial in the Criminal Court of Baltimore, at the Saturday sessions of said court, which said court shall have jurisdic- tion in the said cases, and shall proceed to try or dispose of the same in the same manner as other criminal cases triable at the Saturday sessions of said court may be tried or proceeded with, or disposed of, or such offence may be prosecuted by indictment in such court ; such offences in any county of this State shall be prosecuted by the arrest of the offender for such offence, and by holding him to bail to appear in or committing him for trial in the Circuit Court for the county in which such offence was committed, or by indictment in the Circuit Court for such county for such offence. If any person shall be adjudged guilty of any such offence by any court having jurisdiction in the premises, he shall be sentenced to the fine or penalty pre- scribed by such Act of Assembly or ordinance, and to the costs of his prosecution, and in default of payment thereof he shall be committed to jail until thence discharged by due course of law ; any indictment for the violation of any ordinance of any incorporated City or town of this State may conclude ‘ ‘against the form of the ordinance in such ' case made and provided, and against, the peace, govern- ment and dignity of the State.’' *McCracken v. State, 71 Md. 155. Dean v. State, 98 Md. 80. FIRE. Fire Department. 1888, ch. 393. P. D. D., (1888) Art. 4, Secs. 315, 315C. 445 . The Mayor and City Council of Baltimore is city to appro- hereby directed to appropriate annually such sums of Fo” p^en^k)^^ money as shall be sufficient to pay the pensions of such nulteTS-e- members of the Fire Department as shall heretofore have been put upon the pension roll, and as shall thereafter be put upon said pension roll, in accordance with the provis- ions of this Article ; and also to appropriate such sums of money as may be sufficient to afford relief to the widows and children of firemen killed in the discharge of duty. 308 MISCE:i.I.ANKOUS I^OCAI, I.AWS. Injury to appa- ratus; penal- ty. Assaulting- fire- men; penal- ty. Must be in- stalled. and rung in case of danger of fire. Size to be designated by Inspector of Buildings. How to be lo- cated and sounded. P. L. L., (1860) Art. 4, Sec. 237. P. L. P., (1888) Art. 4, Sec. 313. 446. Any person who shall wilfully destroy or injure any engine, hose, reel or other apparatus whatever for the extinguishment of fires, belonging to any company in the City of Baltimore, or to the said City, shall be guilty of felony, and upon conviction thereof shall be sentenced to confinement in the penitentiary for a period not less than two nor more than five years. P. Iv. Iv., (1860) Art. 4, Sec. 238. P. h. L., (1888) Art. 4, Sec. 314. 447. Any person who shall assault, beat or otherwise intentionally hurt or injure any fireman of the City of Baltimore, whilst in the discharge of his duties as fireman (except in self-defence), shall, upon conviction thereof, be sentenced to imprisonment in Baltimore City Jail for a period not less than one month, and the payment of a fine of not less than ten nor more than one hundred dollars. Fire Gongs in Hotels, 1906, ch. 180, Sec. 1. §447a. Any building or buildings now used as hotels or apartment houses, or that shall hereafter be used as such shall have installed in said building or buildings large fire gongs, which shall be rung only in case of fire or danger of fire, so as to notify and warn the occupants thereof. 1906, ch. 180, Sec. 2. §447b. The gongs provided for in the preceding section shall be of such size as shall be designated by the Inspector of Buildings of Baltimore City, and shall be placed one at each stair landing and one at each end of every corridor or hall, and so put up, arranged and connected that each gong can be sounded from the main office. II,I.UMINATING OILS AND FLUIDS. 309 1906, ch. 180, Sec. 3. §447c. Any owner, agent, lessee or manager of any building or buildings used or occupied as a hotel or apart, ment house, that shall neglect or refuse to comply with the ^ stall gongs, provisions of this Act shall be deemed guilty of a misde- meanor, and upon indictment and conviction thereof shall be fined not less than $250 nor more than $1,000, for each^^“^^‘^‘ offense. 1906, ch. 180, Sec. 4. §447d. The provisions of this Act shall not apply to Proviso:^buiid- buildings of twelve rooms or less. empted. P. L. Iv., (1888) Art. 4, Sec. 315D. 1892, ch. 345. 1900, ch. 708. 448. The Mayor and City Council of Baltimore is hereby Appropriations authorized and empowered to appropriate annually the sum Volunteer of one thousand dollars, payable to the Veteran Volunteer Association. Firemen’s Association of Baltimore City, for the rental of a suitable building for the keeping of its apparatus, holding meetings, paying janitor, and for fuel and other necessary expenses incident to said association. Uluminating Oils and Fluids. 1874, ch. 504. P. L. L., (1888) Art. 4, Sec. 329. 449. All oils or fluids manufactured from petroleum or oii fire test, its products, used for illuminating purposes in this State, which shall be manufactured or kept for sale therein, shall be required to stand a fire test of one hundred and ten degrees Fahrenheit before it shall burn, to be ascertained by Tagliabue’s coal oil tester, or some other instrument constructed upon the same principle. 1874, ch. 504. P. L. Iv., (1888) Art. 4, Sec. 330. 450. Every person manufacturing or selling illuminat- stamp on bar- ing oils or fluids, manufactured from petroleum or its products, by the barrel, shall be required to have stamped upon the head of the barrel the name of the manufacturer 310 MISCELIvANEOUS locae eaws. thereof and his place of business, together with the words ‘ ‘warranted to stand a fire test of one hundred and ten degrees Fahrenheit before it shall burn/’ 1874, ch. 504. P. h. h., (1888) Art. 4, Sec. 331. Unlawful man- 451. Whoever manufactures for illuminating purposes, sife o7oi?as ^r sells in quantities not less than a barrel, oils or fluids pln'Jfty.^^’ made from petroleum or its products, which does not sus- tain the fire test as provided in Section 449, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined not more than one thousand dollars, or imprisoned in the jail or penitentiary not more than two years, in the discretion of the court. Whoever sells in quantities less than a barrel, for illuminating purposes, oils or fluids made from petroleum or its products, which does not sustain the fire test provided for in Section 449, shall forfeit said oil, and be fined not less than five dollars nor more than twenty dollars ; said fine to be collected as other fines are now collected, one-half to go to the informer, the other to be paid into the treasury of the State. 1874, ch. 504. P. E. E., (1888) Art. 4, Sec. 332. i^ecovery from 452. Any purchaser of oils or fluids made of petroleum or its products, for illuminating purposes, bearing the stamp required in Section 450, and which does not stand the fire test required in Section 449, may recover from the seller in an action for debt an amount equal to double the purchase money of said oil. 1874, ch. 504. P. E. E., (1888) Art. 4, Sec. 333. bmtyfo^r 453. Any accident by reason of explosion, occurring expiSiK^ with any oil or fluid manufactured from petroleum or its penalty. products, shall subject the seller thereof to prosecution for a misdemeanor, and upon conviction thereof in a court of competent jurisdiction, to a fine not exceeding one thousand dollars, nor less than five hundred dollars ; one half of said fine to be paid to the informer and the other half to the State. FISH 311 1874, ch. 504. P. L. Iv., (1888) Art. 4, Sec. 334. 454 . In case of seizure or confiscation of oils or fluids seizure and . -11 confiscation;. manufactured from petroleum or its products, as provided decisions, in Section 451, the party who has sold such oils or fluids shall have the privilege of referring the same to some com- missioned inspector recognized by the oil trade of Balti- more, whose decisions shall be prima facie evidence of the quality of said oil or fluid. 1874, ch. 504. P. L. L., (1888) Art. 4, Sec. 335. 455 . If any inspector of oils shall be convicted in a report of court of competent jurisdiction of furnishing a false report inspector, of the fire-test of any oil submitted to his inspection, he shall be liable to a fine of not less than five hundred dollars nor more than two thousand dollars, at the discretion of the court ; said fine to be paid into the treasury of the State. 1874, ch. 504. P. h. h., (1888) Art. 4, Sec. 336. 456 . The provisions of the seven preceding sections Not to apply to. shall not apply to oils or fluids manufactured from petrol- eum or its products for the purpose of exportation or for use in street lamps. FISH. 1886, ch. 450. P. L. L., (1888) Art. 4, Sec. 337. 457 . No person shall expose for sale, or have in his Prohibiting possession, offering for sale, any striped bass or rock Spefch^^^ weighing less than one-half pound each, or any white weSt,- perch weighing less than one-quarter of a pound each ; any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction by a court of competent jurisdiction shall be fined not more than twenty dollars or be confined in jail not more than thirty days, or both, in the judgment of the court. 312 MISCELI.ANEOUS EOCAE EAWS. Where not to be formed. Certain com- panies re- stricted in laying mains. Certain char- ters an- nulled. Price of gas. Illuminating power. To comply with future require- I ments. GAS COMPANIES. 1886. ch, 384. P. E. E., (1888) Art. 4, Sec. 338. 458 . No gas companies shall be formed in Baltimore City, Baltimore County or in Anne Arundel County, ex- cept in the City of Annapolis. * 1886, ch. 384. P. E. E., (1888) Art. 4, Sec. 339. 459 . No gas companies chartered in any other counties of the State shall have the right to lay mains or sell gas in Baltimore City, Baltimore County or Anne Arundel County. 1886, ch. 395. P. E. E., (1888) Art. 4, Sec. 340. 460 . All charters for gas companies which have been granted or issued under the Code of Public General Laws, or any other law, in Baltimore City, Baltimore County, or Anne Arundel County, are repealed, annulled and made void, except in cases where the companies incorporated by any of such charters have erected works and commenced the manufacture of gas. 1888, ch. 322. P. E. E., (1888) Art. 4, Sec. 341. 1900, ch. 180. 461 . No corporation or person shall charge for illumi- nating gas in Baltimore City a sum to exceed one dollar and ten cents per thousand cubic feet. 1888, ch. 322. P. E. E., (1888) Art. 4, Sec. 342. 462 . The illuminating gas furnished by any such cor- poration or person shall have an illuminating power not less than twenty sperm candles of six to the pound, and burning at the rate of one hundred and twenty grains of spermaceti per hour, tested at a distance of not less than one mile from the place of manufacture by a burner con- suming five cubic feet of gas per hour, and shall as regards purity, comply with the standard now or hereafter estab- lished by law. *Note. — As to construction of sections 458-460 of this Article, see. Consolidated Gas Co. v. Baltimore Co., 99 Md. 403. HARBOR, DOCKS AND WHARVES. 313 HARBOR, DOCKS AND WHARVES. Harbor. P. L. L., (1860) Art. 4, Sec. 267. 1884, ch. 309. P. L. L., (1888) Art. 4, Sec. 351. 463. No wharf shall be run out, made, altered, enlarged ivimit of ’ ’ I I wharves. or extended so as to divert the course of the channel, obstruct the harbor or basin, or to the injury of the same ; and no person shall make, alter or extend any wharf without laying before the Harbor Board a plan of said wharf, and obtaining the consent of the said Harbor Board.** Page V. Mayor, 34 Md. 558. Hazlehurst v. Mayor, 37 Md. 199. Williams v. Baker, 41 Md. 523. B. &. O. R. R. Co. z^. Chase, 43 Md. 24. Horner z/. Pleasants, 66 Md. 477. *Classen v. Chesapeake Co., 81 Md. 258. P. L. L., (1860) Art. 4, Sec. 268. P. L. L., (1888) Art. 4, Sec. 352. 464. If any person shall violate the provisions of the penalty, preceding section, the Mayor and City Council of Baltimore may recover, by a warrant before a Justice of the Peace, a sum not exceeding two hundred and fifty dollars, and may forthwith cause the said wharf to be demolished. P. L. Iv., (1860) Art. 4, Sec. 269. P. R. R., (1888) Art. 4, Sec. 353. 465. The Harbor Master of the port of Baltimore may charges upon demand from the captain or commander of every foreign vessel coming into said port for the purpose of trade and commerce, the sum of five dollars, as an additional compen- sation for his care and diligence in the regulation of the harbor and providing a proper station for said vessel. P. Iv. L., (1860) Art. 4, Sec. 270. P. h. L., (1888) Art. 4, Sec. 354. 466. He may, in case of delay or refusal to make such suit for. payment, sue for and recover the same before a Justice of the Peace as small debts are recovered. **See, Res. 185, April 22, 1876. 314 MISCEIvLANKOUS EOCAE EAWS. City’s title to made land. Obstructing- vessels at docks. Removal . Penalty for in- terfering ■with vessels removing. Docks. P. E. E. (I860) Art. 4 , Sec. 193. P. E. E., (1888) Art. 4, Sec. 358. 467 . The Mayor and City Council are vested with the right and title to any land made or to be made by them out of the water in making and completing the improve- ments of the City dock, according to the plan heretofore adopted by them ; provided, that nothing contained in this section shall be construed to interfere with the vested rights of individuals. P. E. E., (1860) Art. 4, Sec. 194. 1880, ch. 418. P. E. E., (1888) Art. 4, Sec. 359. 468 . If any vessel shall be lying in Smith’s dock, Frederick street dock or any other dock in said City, or the entrance thereto, so as to obstruct any vessel which shall be coming into the same, or moving from one place to another therein, or going out of the same, the vessel so obstructing shall be removed to such place as shall be directed by the Harbor Master of the district, or any police officer of Baltimore City, to give room to the pass- ing vessel, under the penalty of five dollars for refusal so to remove, and at the rate of five dollars an hour for the de- lay which shall be occasioned to the passing vessel, unless in cases where some unavoidable casualty may make it impracticable to remove said obstructing vessel ; and if a vessel, when moving to make room for another, be ob- structed by any vessel, the master or owner of such obstructing vessel shall forfeit five dollars for such obstruction, and at the rate of five dollars per hour during the continuance of such obstruction, to be recovered by the master or owner of the passing vessel aforesaid ; provided, the said Harbor Master or police officer shall have directed said removal ; but nothing herein contained shall give to the Harbor Master or police officer any control, except in cases of dispute, when called in. DOCKS. 315 P. L. L., (1860) Art. 4, Secs. 196 & 197. 1880, ch. 418. P. L. L., (1888) Art. 4, Sec. 360. 469 . No vessel shall enter Smith’s dock or any other private dock without first ascertaining whether there is a vacant place at the wharf where she can lie, under a pen- alty of five dollars, to be paid to the Harbor Master for the use of the City ; and all vessels which shall be found ob- structing the passage of said docks shall remove, when requested by the Harbor Master of the district or any police officer of Baltimore City, in such manner as will afford a free and unobstructed passage to any passing vessel, under ^b^oVst'ruct- a penalty of five dollars for refusal to remove, and five dollars per hour for each hour they shall obstruct such passage, after due notice shall have been given to master, owner or person in charge of such obstructing vessel, by such Harbor Master or police officer. P. L. L., (I860) Art. 4, Sec. 195. 1680, ch. 418. P. L. L., (1888) Art. 4, Sec. 361. 1894, ch. 21. 470 . If any vessel be lying at any private wharf and Penalties for not engaged in loading or unloading, such vessel shall be docks whin removed when requested by the owner of such wharf or or unloading", his agent ; and if the person in charge of such vessel re- fuses or fails to remove such .vessel, said owner or his agent may call upon the Harbor Master or police officer, to notify the person ifl charge of the vessel to remove, and if the notice is not complied with within five hours such per- son shall be liable to a penalty of fifty dollars, and a further penalty of five dollars for each hour such vessel shall re- main after the expiration of the five hours ; and the Harbor Master shall collect for the use of the Mayor and City Council of Baltimore the sum of five dollars, to be paid by the owner or person in charge of such vessel, to be recovered as other small debts are recovered ; the term vessel in this and the two preceding sections shall in- clude boats, scows and arks. 316 MISSCEIvIvANKOUS EOCAL LAWS. P. L. E., (1860) Art. 4, Sec. 198. P. E. E., (1888) Art. 4, Sec. 362. covering 471. The penalties imposed by the three preceding pena les. gections may be recovered as small debts before any Justice of the Peace for the City of Baltimore, from the master, owner or person in charge of the obstructing vessel, for the use of the master, owner or person in charge of the vessel obstructed ; but such penalty shall not be recoverable where the obstruction proceeds from any unavoidable cause. Wharfinger and Wharves, P. G. L., (I860) Art. 97, Sec. 17. P. E. E., (1888) Art. 4, Sec. 363. Eanding wood. 472. No person shall land any wood or lumber on Pratt street wharf, between Light street and Franklin lane; and the Mayor shall enforce the provisions of this section. P. G. E., (I860) Art. 97, Sec. 18. P. E. E. (1888) Art. 4, Sec. 364. Penaltj-. 473. If any person shall violate the provisions of the preceding section he shall be subject to a fine of twenty dollars, one-half to the informer and the other half to the State. P. G. E., (I860) Art. 97, Sec. 19. P. E. E. (1888) Art. 4, Sec. 365. 474. The said fine may be sued for and recovered in the name of the State before any Justice of the Peace for said City, in the same manner as small debts. P. G. E., (1860) Art. 97, Sec. 20. P. E. E., (1888) Art. 4, Sec. 366. inestobe ^75. It shall be the duty of every Justice of the Peace Srer.^°^"^^®®^for said City to make an annual return to the State Treas- urer, of all fines imposed under the provisions of the aforegoing section, and to receive and pay over the same at the time of making said return. WHARFINGER AND WHARVEvS. 317 P. L. L., (1888) Art. 4, Sec. 361.* 1892, ch. 484. 476. The Mayor and City Council may regulate by city to regulate . , . , . , , time during ordinance the time during which any goods, wares, mer- which goods ^ . 1 e niay remain chandise or other articles may remain on any whart on, or vessels may remain belonging to the City, or on any of the public wharves other than wharves belonging to or rented by the State, and that part of Pratt Street wharf reserved for the use of the State, within the said City, or the time which the vessels, boats or scows taking in or discharging such goods, wares or merchandise shall remain at said wharves, and may regulate, establish and collect for the use of the City such wharfage as they may think reasonable, upon any goods, wares, merchandise or other articles handled at or upon and shipped from any of such wharves. P. h. L., (1860) Art. 4, Sec. 951. P. h. E., (1888) Art. 4, Sec. 369. 477. Any person who shall charge, exact or receive cord-wood; more than six and a quarter cents upon each cord of wood Surges on. landed upon any wharf in the said City shall, upon com- plaint and conviction thereof, before any Justice of the Peace for said City, be fined not less than five nor more than ten dollers in each case ; one-half to the informer and the other half to the State ; to be recovered as fines imposed by the courts of this State. P. L. E., (I860) Art. 4, Sec. 952. P. E. E., (1888) Art. 4, Sec. 370. 478. Any person carrying wood to Baltimore for sale ^ood may land the same upon the State wharves whenever per- mitted to do so by any Tobacco Inspector in the warehouse to which the wharf is attached ; but such permission shall not interfere with that portion of the public wharves set apart for the use of boats laden with tobacco. P. E. E., (I860) Art. 4. Sec. 953. P. E. E., (1888) Art. 4, Sec. 371. 479. The person landing wood upon the public wharves wharfage on. under the preceding section shall pay the Tobacco Inspec- ‘Note. — E rroneously numbered in Act 1892, ch. 484. 318 MISCELI.ANKOUS EOCAE LAWS. tor the sum of six and a quarter cents a cord, to be by the said inspector paid into the State treasury, and the inspec- tor shall be allowed twenty per cent, upon the money so received and paid into the State treasury. Harbor Board. P. L. L., (1888) Art. 4, Sec. 372. 1894, ch. 423. Control of ice 480. The Harbor Board shall have full control and boat. management of the iceboat Annapolis, belonging jointly to the State of Maryland and the City of Baltimore, subject to the orders of the Governor of the State, for the use of said boat for the public service. * P. L. L., (1888) Art. 4, Sec. 373. 1894, ch. 423. Offices and 481. The said Board is hereby authorized to appoint, in conformity with the provisions of section 88 of this Article, at such reasonable rates of pay as it may determine, and at its pleasure to discharge, such officers and crew as may in its judgment be deemed necessary for the proper opera- tion and maintenance of said boat at all times. P. L. L., (1888) Art. 4, Sec. 374. 1894, ch. 423. How to be used. 482. The Said Board shall employ the said boat, pri- marily, for the purpose of preventing obstruction by ice to the navigation of Baltimore harbor, and the ship channels leading thereto, and for the relief of vessels in distress, Dound to or from the port of Baltimore. P. L. L., (1888) Art. 4, Sec. 375. 1894, ch. 423. Further ser- 483. The Board is further authorized to use the said vices o ice discretion the ice boat Latrobe) in the relief from obstruction by ice of any of the harbors or channels of the Chesapeake bay or its tributaries, when such service can be rendered without detriment to the commerce of the *Note. — S ee P. L. L., (1888) Art. 4, Secs. 372 to 377, inclusive, re- lating to ice boat and harbor relief. HEALTH NUISANCES . 319 port of Baltimore, and for any other service which the said Board may deem advantageous to commerce and the public interest; the Board may charge such reasonable rates for towage, or relief of vessels, as it may deem pro- per, having in view the public' and private interests and facilities of commerce, and the sum received for same shall be applied to the expense of the boat. P. Iv. L., (1888) Art. 4, Sec. 376. 1894, cli. 423. 484. The annual expenses of maintaining and operating Expenses, said iceboat shall be paid by the Mayor and City Council of Baltimore. P. Iv. Iv., (1888) Art. 4, Sec. 377. 1894, ch. 423. 485. The said Board shall in its annual report to the Annual report. Mayor and City Council of Baltimore embody statements of the operations of, and the receipts and disbursements for the said iceboat, and shall send copies of the same to the Governor and Comptroller of the Treasury of the State. HEALTH. Nuisances. P. L. L., (I860) Art. 4, Sec. 798. P. L. E., (1888) Art. 4, Sec. 379. 486. Whenever any nuisance dangerous to the health paving street of the City shall exist in any street, lane or alley of the nuisance. City, and it shall be found necessary, in order to effect the removal of the same, to have such street, lane or alley paved, the said City may order the same to be paved, and may recover the amount expended in paving the same, and the expenses of collection from the owner of the prop- erty fronting thereon, in proportion to the amount expend- °lcted.^ * ed in front of said property, by suit against the owner. P. L. E., (1860) Art. 4, Sec. 799. P. E. E., (1888) Art. 4, Sec. 380. 487. The said owner may in such action defend himself Defenses of against any such claim for expenses of paving and the 320 MISCELLANEOUS LOCAL LAWS. collection thereof by proof that no such nuisances existed, or that the paving- of the said street, lane or alley was not necessary to the removal or abatement thereof, or that such nuisance was caused by an act or ordinance of said City, or its officers in the execution of their duty. P. L. L., (I860) Art. 4, Sec, 800. P. L. L., (1888) Art. 4, Sec, 381. Cost to be a 488. The expenses of such paving, and the expenses incident to the collection thereof, shall be a lien upon the property chargeable therewith ; and when the right of the City to recover the same has been determined, the City may levy such expenses upon said property. P. L. L., (I860) Art, 4, Sec. 801. P. L. L., (1888) Art. 4, Sec. 382. Non-resident 489. If any of the said property shall be owned by persons not resident within the limits of said City, then, after public notice given at least three times a week for three successive weeks in two newspapers of the City, by advertisement, describing the property chargeable, the amount of expense with which it is chargeable and if known, the name of the owner thereof, the City may proceed to levy said expenses upon the interest of such non-resident in said property, without any previous suit to determine their right to the same. P. L. L., (1860) Art. 4. Sec. 802. P. L. L., (1888) Art. 4, Sec. 383. Recovery by 490. Such non-resident may, at any time within three d?nts?^'’ months after said expenses have been levied and collected, institute an action against the City for the recovery of the same ; and if it shall appear in such action that public notice was not given as hereinbefore directed, or that no such nuisance existed, or that the paving of said street, lane or alley was not necessary to the removal or abatement thereof, or that the same was caused by an act or ordinance of the City, or by its officers in the execution of their duty, such non-resident shall recover the expenses of paving and collection so levied upon his property. CHEMICAL LABORATORIES — CHILDREN’S PLAYGROUNDS. 321 P. L. E., (I860) Art. 4, Sec. 803. P. L. E., (1888) Art. 4, Sec. 384. 491. Whenever any nuisance dangerous to the health Nuisances on 1111/. 1 1 ‘i*! vacant lots, of the City shall be found -upon any vacant lot within the abatement City, the City may remove or abate the same, and shall have the same remedy against the owner of such lot, for the expenses of so doing, as is given in the five preceding sections against the owners of lots fronting on streets paved, to remove a nuisance ; and the owner of such vacant lot shall have the same rights and remedies therein given to the owners of lots fronting on streets so paved. P. E. E., (1860) Art. 4, Sec. 854. P. E. E., (1888) Art. 4, Sec. 385. 492. Whenever the Commissioner of Health shall Altering un- certify in writing to the Mayor that it is necessary for the Health of the City to alter the grade of any street, lane or alley on low or made ground the Mayor shall proceed to act in the manner specified in this Article relating to streets. Chemical Laboratories, P. E. E., (1860) Art. 4, Sec. 149. P. E. E., (1888) Art. 4, Sec. 387. 493. No person shall erect or assist in the erecting any Not to be bmit chemical laboratory within the limits of said City without ouz?!.^” the consent of the City, and the City may provide by ordinance for preventing the erection of any such laboratory, and for removing or preventing the use of any that shall be erected. Children's Playgrounds. 1906, ch. 201. §493a. The Mayor and City Council of Baltimore is City may make authorized and empowered to enter into an agreement with SfabiTshing'' the duly constituted officers of the Children's Playground Association (Division Eight United Women of Maryland) for the maintenance of Children's Playgrounds in the city of Baltimore, for such length of time and upon such terms as the Mayor and City Council of Baltimore may deem advantageous. 322 MISCKIvIvANKOUS I.OCAI, LAWS. Hospitals for Infectious Diseases. 1902, ch. 35. §493b. No hospital for the treatment of infectious or contagious diseases shall be erected or maintained in the city of Baltimore, nor shall any money be appropriated or used by the Mayor and City Council of Baltimore for the erection and maintenance of any such hospital until the of site upon which said hospital is to be located shall first be approved and authorized by an ordinance pf the Mayor and diseases. City Council of said municipality, which said ordinance shall be approved by a vote in each branch of said City Council of not less than two-thirds of all the members elected thereto. 1902, ch. 36. §493c. The ordinance providing for the selection of any site shall specify fully and clearly the character of the diseases to be treated in the hospital to be erected thereon, and when said hospital is erected, no other diseases except Character of those Specified shall be treated therein unless authorized siSled?^^ by an additional ordinance approved in the manner as set forth in Section 1 of this Act. * 1902, ch. 348. §493d. Whenever in the interest of the public health, the erection or maintenance of temporary buildings, hos- No temporary pitals or placos of detention for the treatment of infectious hospItafs^Sr or coutagious diseases shall become necessary, such build- dileaSs^o beings, hospitals or placcs of detention for temporary pur- feJs^'authSr- posos shall be authorized by an ordinance of the Mayor nancef ^^d City Council of Baltimore, and such ordinance shall name the diseases to be treated and describe the location of said building or buildings, hospital or hospitals, or such places of detention ; provided that nothing in this Act shall be construed to prevent the detention by the health officers of said City of Baltimore of any person or persons that Proviso. suspected of being infected with or having an infectious or contagious disease. *Sections §493b and §493c, are sections 1 and 2 of Act 1902, ch. 36. INFANTS IN IMPROPER HOMES OR CARE. 323 1898, ch. 362. §493e. The Mayor and City Council of Baltimore be and they are authorized and empowered hereafter to appropriate, annually, and to give for the use and benefit of the Hospital for Consumptives of Maryland of Baltimore A^ropriation City, any sum or sums of money which they may deem proper ; provided the sum shall not exceed four thousand dollars per annum for any one year. Infants in Improper Homes or Care. 1906, ch. 334. §493f. No midwife, institution, corporation or home be not duly incorporated for such purpose shall receive infants or young children for the purpose of caring for f"homes^^“ them with a view to compensation without first securing a license from the Board of Health. 1906, ch. 334, Sec. 2. §493g. Before the granting of such a license the Board ^p- of Health shall require each application to be endorsed by four reputable citizens and as far as possible thereafter a kept, record shall be kept by the Commissioners of Health con- taining the full name and address of each infant or child received, the date of its birth, the date of its reception, and in case in a change in address, the date and place of its removal. 1906, ch. 334, Sec. 3. §493h. Before issuing said license the home or institu- Board of tion of each applicant shall be visited by an agent or ^ect^Somes inspector of the Board of Health, and a full investigation tppifcanTs'.”‘ made as to the sanitary conditions, accommodations, the ability and fitness of the applicant to take charge of such infant or child, and such other information bearing on the subject as may be of value, and that the agents report and recommendation may be a basis upon which the Board of Health may base its action for granting or rejecting the application for such license. 324 MISCELLANEOUS LOCAL LAWS. 1906, ch. 334 Sec. 4. Penalty for §4931. Any Hiidwife or institution, corporation or violation of i • i i n • provisions of porson which shall receive or board an infant or small child under three years of age with a view to compensation without first securing such license, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined $25.00 and costs for each and every offence, one-half of the said fine to be paid to the informer, and upon fail- ure to pay the fine imposed and the cost of the proceedings, the person or persons so convicted shall be committed by the Court or Justice who imposed such fine, to the City Jail for a period not less than ten days, nor more than thirty days. 1906, ch. 334, Sec. 5. “toap- §493j. The provisions of this Act* shall in no way be mended bT applying to such persons or homes as may be supervi^orSf recommended by the Supervisors of City Charities of ties. Baltimore City. Sections re- 494 — 504. Sections 494 to 504, inclusive, of the Charter pealed. repealed by Act 1902, ch. 179. Seats for Female Employes in Stores or Factories. 1882, ch. 35. P. L. L., (1888) Art. 4, Sec. 398. 1900, ch. 589. suhabie seats 505. Evcry employer of females in any mercantile or vided. manufacturing establishment in the City of Baltimore must provide and maintain suitable seats for the use of such employes. A person is deemed not to maintain suitable seats for the use of female employes unless he permits the use thereof by such employes to such extent as may be reasonable for the preservation of health and Jury to deter- proper rest ; and the question of what is thus reasonable Jjo" of^com-th is one for determination by the jury or the court acting as this section. ^ jury iu any prosecution hereunder. *Act, 1906, ch. 334, codified as sections §493f to §493j, inclusive, of the Charter. TKNKMENT AND DODGING HOUSES. 325 1882, ch. 35. P. h. h., (1888) Art. 4, Sec. 399. 506. Any violation of the preceding section by any employer shall be deemed a misdemeanor, and shall be Penalty, punishable by a fine of one hundred and fifty dollars, to be collected as other fines are collected. Tenement and Lodging Houses, . 1886, ch. 396. P. D. E., (1888) Art. 4, Sec. 400. 507. The Mayor and City Council of Baltimore are authorized and directed to enact ordinances regulating the ^ ^ construction, care, use and management of tenement and use. houses, lodging houses and cellars in the City of Baltimore, for the better protection of the lives and health of the inmates dwelling therein. State V. Hymen, 98 Md. 596. 1886, ch. 396. P. E. E., (1888) Art. 4, Sec. 401. 1900, ch. 557. 508. A tenement house shall be taken to mean and include every house, building or portion thereof which is rented, leased, or hired out to be occupied as the house or residence of more than three families living independently ^te”m'“SnL of another and doing their own cooking upon the premises, or by more than two families upon a floor, so living and cooking, but having a common right in the halls, stairways, water-closets or privies, or some of them. A lodging house shall be taken to mean and include any house or building, of "lodging or portion thereof, in which persons are harbored or re- ” ceived or lodged for hire for a single night or for less than a week at one time, or any part of which is let for any per- son to sleep in for any time less than a week, or in which free lodgings are habitually provided for and given to more than five persons who are not permanent occupants .. thereof. A cellar shall be taken to mean and include every basement or lower story of any building or house of which one-half or more of the height from the floor to the ceiling is below the level of the street adjoining. 326 MISCELI.ANKOUS EOCAE LAWS. State Board of Commissioners of Practical Plumbing. 1886, ch. 439. P. L. L., (1888) Art. 4, Sec. 402. 1894, ch. 609. 509 . It shall not be lawful for any person, firm or corporation engaged in the plumbing business in the City of Baltimore to employ as workmen in said business any persons, except those qualified to work at the plumbing business, as provided in section 511 of this Article ; and no ^ re^StSed. person shall be qualified to work at the plumbing business unless he has made application to and received from the State Board of Commissioners of Practical Plumbing the certificate of competence provided for in section 511 of this Article, and is otherwise qualified, as required by this sub- division of this Article. Any person or firm engaged in the plumbing business in the City of Baltimore, and the superintendent, manager, agent or other officer of any corporation, engaged in the plumbing business in the City of Baltimore, who shall employ any person to wohk at the plumbing business not qualified as required by this -sub- division of this Article shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten dollars nor more than fifty dollars for every day or part of every day that such employer shall employ such workman. Singer v. State, 72 Md. 464. Davidson v. State, 77 Md. 388. State v. Knowles, 90 Md. 657. 1886, ch. 439. P. D. D., (1888) Art. 4, Sec. 403. 1894, ch. 609. Work by 510. If any person shall work at the plumbing business SiiaUfiS,”to in the City of Baltimore without being qualified as required meanor. by this sub-division of this Article he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than five dollars nor more than fifty for every day or part of every day that such workman shall Penalty. -yvork at the plumbing business. Singer v. State, 72 Md. 464. Davidson v. State, 77 Md. 388. 1886, ch. 439. P. L.D., (1888) Art. 4, Sec. 404. 511. The Governor shall appoint biennally five persons, who shall constitute a board of Commissioners, which COMMISSIONERS OF PRACTICAR PLUMBING. 327 shall be known and designated as “The State Board of Commissioners of Practical Plumbing/’ and who shall be selected as follows : Three persons who are practical and skilled plumbers from the City of Baltimore, the Commis- sioner of Health of Baltimore City, and a member of the State Board of Health, from the State at large, whose duty it shall be to faithfully and impartially execute, or cause to be executed, all the provisions and requirements of this and the two preceding sections ; upon application and in such manner and at such place as they may deter- mine, 'provided '' place of examination shall be within the limits of the City of Baltimore; they shall examine each and every person who shall desire to work at the plumbing business, touching his competency and qualifica- tions ; and upon being satisfied that the person so examined is competent and qualified to work at said business, they, or any three of them, shall grant such person a certificate certificates, of competency, and register him in their books as a prac- tical-plumber, which shall operate as full authority to him to conduct and engage in the said business of plumbing. Davidson v. State, 77 Md. 388. 1886, ch. 439. P. L. L., (1888) Art. 4, Sec. 405. 512. The said Board of Commissioners shall demand and receive from each applicant for a certificate of compe- Examination tency whom they examine and pass the sum of three dollars at the time of the issuance of said certificate, and the sum of one dollar for the renewal thereof each and Renewal Fee. every year thereafter, on or before the first day of May. Davidson v. State, 77 Md. 388. 1886, ch. 439. P. L. L., (1888) Art. 4, Sec. 406. 513. The money received under the provisions of the foregoing section shall be used and applied by said Com- missioners to defray their expenses, and all surplus over ^lppn?d. and above their necessary expenses shall be returned to the State Treasurer for the use of the State. Davidson v. State, 77 Md. 388. 328. MISCKLIvANKOUS LOCAI, LAWS. 1886, ch. 439. P. L. Iv., (1888) Art. 4, Sec. 407. 1894, ch. 609. 1904, ch. 636. 514 . Said Commissioners shall hold their several offices for the period of two years, commencing from the first day of May in the year 1886, and thereafter until their sioners. successors have been appointed and qualified ; each Commissioner, within thirty days after notification of his Oath. appointment, shall take and subscribe an oath or affirma- tion before the Clerk of the Superior Court of Baltimore City to impartially and faithfully discharge his duties as Commissioner ; every person appointed Commissioner who shall refuse or neglect to take the oath or affirmation pro- vided for in this section, within the period named, shall be deemed to have refused said office, and the Governor shall immediately appoint some person qualified, as pro- vided in Section 511 of this Article, to fill the vacancy thus created ; each of said Commissioners shall receive the sum Compensation. five dollars for every day that he shall be present at a meeting of said Board for the transaction of business, Compensation provided, however, that in each year he shall not receive Limited. compensation for more than thirty days ; and provided also, that said compensation shall be paid out of the fees or other sums received by said Board. Davidson v. State. 77 Md. 388. 1886, ch. 439. P. L. D., (1888) Art. 4, Sec. 408. ^uiltionl^^^’ 515. The said Board of Commissioners are empowered to make such rules and regulations from time to time as in their judgment they may deem necessary and requisite ; and they shall make a report of the condition of the Board To report to to the Govemor biennally, on or before the first day of ennially. February, with a full statement of their receipts and expenditures. HORSESHOEING. 1898, ch. 491. §5 15a. It shall be unlawful for any person to practise horseshoeing in the City of Baltimore or in the twelfth BOARD OF EXAMINERS OF HORSESHOERS. 329 district of Baltimore County, unless such person has obtained a certificate and has been duly registered as hereinafter provided. Board of Examiners of Horseshoers. 1898, ch. 491. §5 15b. A “Board of Examiners for Horseshoers^^ is created, which shall consist of five members, one of whom shall be doing business as veterinarian only, two master Board of exam- ^ 11 iners for horseshoers and two journeymen horseshoers, all doing business in Baltimore City, whose duty it shall be to carry out the purposes and enforce the provisions of this Act. The members of said Board shall be appointed by the Governor, and fhe term for which they shall hold office shall be for four years, except that the members of said Board to be first appointed under this Act shall be designated by the Governor to serve one for two years, two for three years, and two for four years, and unless removed by the Governor, until their successors are duly appointed. Any vacancy in said Board, for any cause, shall be filled by the Governor. 1898, ch, 491. §5 15c. Said Board shall meet in the month of May next after the passage of this Act, and organize by the to meet and election of a president and secretary, and thereafter shall hold regular meetings in the months of May and November in every year, and such special meetings for the examina- tions of persons desiring to practice horseshoeing, as occa- sion may require ; that they shall pass such by-laws and By-iaws and prescribe such rules and regulations as may be necessary to carry into effect the provisions of this Act ; and said Board shall at its first meeting, prescribe and clearly define the qualifications and tests necessary to obtain a certificate as master or journeyman horseshoer. Printed copies of such requirements shall be furnished to all persons desir- ing to pass an examination for said certificate, and any person who shall, on examination be found by a majority 330 MISCEIvLANEOUS EOCAE EAWS. ^and^requEe- Board to possess the said requirements so prescribed, Sfcant^to be shall be granted a certificate to that effect on the payment defined. Board of a fee of two dollars ; and all proceed- ings of said Board shall be open to public inspection. 189S, ch. 491. ^c?ptedand §^15d. Any person who has practiced as a master or certificlte° joumeyman horseshoer in the City of Baltimore or the without ex- twelfth district of Baltimore County, for three years prior to the passage of this Act, who will file an affidavit to that effect with said Board, shall be entitled to a certificate without examination, on the payment of a fee of twenty- five cents to said Board ; or anyone who has a certificate from any duly constituted examining board of the State of Maryland, or of any other State, that he is a competent master or journeyman horseshoer, on filing and registering said certificate or a copy thereof with said Board, shall be entitled to a certificate from said Board without an exami- tion, on payment of a fee of two dollars, but, that after the passage of this Act, no person who has not served an apprenticeship at horseshoeing for a period of three years shall be entitled to an examination for said certificate. 1898, ch. 491. Certificate to §515e. All Certificates issued by said Board shall be ^/ueTand^^’ sigued by its officers and bear its seal, and the secretary of bear seal, Board shall keep a book in which all certificates so issued and the names of the persons to whom the same shall have been issued shall be duly registered, and a transcript from said book of registration, certified by the secretary, with the seal of the Board, shall be evidence in any court in the State, and said secretary shall furnish to any one a copy of his certificate on payment of the sum of one dollar. 1898, ch. 491. §515f. Any person who shall violate any of the provi- sions of this Act shall be guilty of a misdemeanor, and HOURS OF UABOR. 331 upon the conviction thereof in any court having criminal a jurisdiction, shall be fined not more than twenty-five dol- m^sdemean- lars or be confined in the Baltimore City jail or Baltimore County jail, not more than one month, in the discretion of the court. All fines received under this Act shall be paid into the common school fund of the City of Baltimore, or of Baltimore County, if the offence shall have been committed in said county. The provisions of this Act shall not inter- fere with the right of the owners of horses to have them shod at their own shops. HOURS OF LABOR. P. L. L., (1888) Art. 4, vSec. 31 A. 1898, ch. 458. 516. No mechanic or laborer employed by the Mayor and City Council of Baltimore, or by any officer, . agent, contractor or sub-contractor under them, shall be required to work more than eight hours per day as a day's labor ; Eight hours a provided further, that this section shall not apply to the fo/alj^em- employes of the Fire Department, Bay View Asylum, or the Baltimore City Jail. Any such officer, agent, contrac- tor or sub-contractor who shall require any mechanic or laborer to work more than eight hours per day, contrary to the provisions of this section, shall be fined not less than ten dollars nor more than fifty dollars for each and every offence, one half of such fine to go to the informer, said fines to be collected as other fines are collected by law. HOUSES OF REFUGE AND REFORMATION. 1878, ch. 267. 1880, ch. 111. 1880, ch. 323. 1890, ch. 61. 1890, ch. 392. P. h. L., (1888) Art. 4, Sec. 410. 1902, ch. 391. 1906, ch. 469. 517. The Mayor and City Council of Baltimore may sum of money annually appropriate a sufficient sum of money to pay for the for support support and maintenance of each minor committed from commSId the City of Baltimore by legal process, not exceeding eighty more City to dollars per annum for each minor so committed, to the named.'°"^ following reformatories : House of Refuge, St. Mary's Industrial School, Colored House of Reformation, House of 332 miscellaneous local laws. Annual appro- priations to certain insti- tutions. Additional ap- propriations. House of Good Shepherd, Judge to in- spect. Good Shepherd for Colored Girls, Industrial Home for Colored Girls, and to any other reformatories to which such minors may be so committed, and may appropriate, in con- formity with the requirements of Sections 105 and 107 of this Article, annually, a sum of money, not exceeding five thousand dollars, to the Boy’s Home Society of Baltimore City, and annually a sum of money not exceeding ten thousand dollars to the Female House of Refuge, and to St. Vincent of Paul’s Orphan Asylum of Baltimore, any sum now due said Institution for the care of destitute or other minors committed by the Courts or other police Magistrates to its care, or who may hereafter be committed, not exceeding the sum of two thousand dollars per year. And the said Mayor and City Council of Baltimore, are further authorized and empowered to appropriate for repairs permanent improvements, and additions to the buildings and grounds now used, or hereafter to be used by the House of Refuge and its successors, such additional sum or sums of money as in their judgment shall from time to time be required for those purposes.** See note, City Code, (1879), page 469. 1878, ch. 442. P. L. L., (1888) Art. 4, Sec. 411. 518. The Judge of the Criminal Court of Baltimore, the President of the Board of Police Commissioners, and the Marshal of the Police of the City of Baltimore, shall, at such times as they may think proper, visit and inspect the House of Good Shepherd. **NoTK. — The Female House of Refuge, stands in loco parentis to the inmates thereof. As to rights of such inmates, see, Cole V. Female House of Refuge, Daily Record, December 20, 1895. Funds of Charitable Institutions: Are not liable to the payment of damages, being regarded as trust funds, and as such not liable in an action for damages. Turner v. Baltimore Humane and Impartial Society, Daily Record, December 17, 1901. The Act. 1906, ch. 146, appropriated $50,000 for the improvement of a tract of land near Loch Raven, Baltimore County, by the erection of additional buildings for the House of Correction and the equipment of same. The Act. 1906, ch. 522, appropriated a similar sum for a like purpose to St. Mary’s Industrial School. IMMIGRANTS. 333 IMMIGRANTS. 1832, ch. 203. 1833, ch. 177. 1834, ch. 34. 1841, ch. 174. 1839, cii. 46. P. L. L.. (I860) Art. 4. Sec. 250. P. L. L., (1888) Art. 4, Sec. 412. 519. The master or commander of any vessel arriving from a foreign country or from any other of the United States, who shall enter said vessel at the custom house in the City of Baltimore, shall within twenty-four hours after such entry, make a report in writing on oath to the Mayor of said City, of the name, age and occupation of every alien who shall have been brought or carried as passenger in such vessel on that voyage, upon pain of forfeiture, for every neglect or omission to make such report, of the sum of twenty dollars for every such passenger neglected or omitted to be so reported.** P. L. L., (1860) Art. 4, Sec. 251. P. T. I^., (1888) Art. 4, Sec. 413. 520. The Mayor, or other person discharging the duties of his office, shall require the owner or consignee of every vessel arriving from a foreign country, or from any other of the United States, which shall be entered in said custom- port of aliens house, upon pain of forfeiture to the Mayor and City come public Council of Baltimore, of twenty dollars for every neglect or omission, to give a several bond to the State of Maryland in the penalty of three hundred dollars, for each passenger included in the report of the master or commander of such vessel directed to be made by the preceding section, and conditioned to indemnify and save harmless each and every city, town and county in this state, from any cost which such city, town or county shall incur, for the relief or support of the person named in the bond, within five years from the date of the bond, and also to indemnify and refund any charge or expense such city, town or county may necessarily incur for the support or medical care of the person named therein, if received into the almshouse or hospital or any other institution under their care. **See note, Baltimore City Code (1879), page 471. 334 MiSCEIvIvANEOUS EOCAE EAWS. P. E. E., (I860) Art. 4, Sec. 252. P. E. E., (1888) Art. 4, Sec. 414. Sureties. 521 . Every such bond shall be signed by two or more sufficient securities, residents of the State of Maryland, each of whom shall prove, by oath or otherwise, that he is owner of a freehold in said State of the value of three hundred dollars over and above all claims or liens thereon or against him, including any contingent claim which may accrue from or upon any former bond given under the provisions of this sub-division of this Article. P. E. E., (1860) Art. 4, 'Sec. 253. P. E. E., (1888) Art. 4, Sec. 415. other Security. 522. If the pHncipal in said bond choose, instead of the security required in the preceding sections, he may secure said bond by mortgage of real estate, or by the pledge and transfer of public stock of the United States, or of the State of Maryland, or of the City of Baltimore, or by deposit of the amount of the penalty in some bank, subject to the order of the Mayor of the City. P. E. E., (I860) Art. 4, Sec. 254. P. E. E., (1888) Art 4, Sec. 416. 523. Any security, whether real or personal, offered by Mayor toi!ap- such owner or consignee, shall first be approved by the prove. Mayor of the City. P. E. E., (1860) Art. 4, Sec. 255. P. E. E., (1888) Art. 4, Sec. 417. 524. The owner or consignee of any vessel may at any time within three days after the landing of such passen- gers, commute for the bond hereinbefore required, by paying to the City Register the sum of one dollar and fifty cents for each and every passenger reported as hereinbe- fore required by this sub-division of this Article, and the ife”uof bSnd. receipt of such sum by the City Register shall be deemed a full and sufficient discharge from the requirement of giving such bond. P. E. E., (1860) Art. 4, Sec. 256. P. E. E., <1888) Art. 4, Sec. 418. 525. If any alien passenger in such vessel shall be suffered to land therefrom at any place within the distance IMMIGRANTS. 335 of fifty miles from said City, with the intent to proceed thereto otherwise than in said vessel, the master or com- mander thereof shall forfeit and pay for every such person the sum of one hundred dollars, unless within forty-eight hours after the entry of the vessel, the owner or consignee shall give bonds or pay the commutation money aforesaid. P. L. Iv., (1860) Art. 4. Sec. 257. P. T. h., (1888) Art. 4, Sec. 419. 526. All or any of the said penalties and forfeitures, . as well as the said commutation money, maybe sued forPenauies^how in the name of the Mayor and City Council of Baltimore, before any Justice of the Peace, in the same manner and subject to the same rules and process, and the right of appeal as provided in cases of small debts. P. L. Iv., (1860) Art. 4, Sec. 258. P. Iv. L., (1888) Art. 4, Sec. 420. 527. The Mayor may compound for or remit the said penalties and forfeitures, and payments and recoveries, or Mayor may re- any of them, either before or after suing for the same, upon such terms as the circumstances of the case may in his judgment require. P. Iv. Iv., (1860) Art. 4, Sec. 259. P. L. n., (1888) Art. 4, Sec. 421. 528. The Mayor and Register shall pay over to the Supervisors of City Charities, semi-annually, three-fifths of commuta- all sums of money arising from commutation by owners or consignees of vessels as aforesaid, which shall be appropri- ated by said trustees to the use of the City of Baltimore, for the purpose of supporting the foreign paupers of the said City, and the remaining two-fifths shall be paid to the Hibernian Society of Baltimore, and the German Society of Maryland, in the proportions mentioned in the next succeed- ing section. P. L. Iv., (1860) Art. 4, Sec. 260. P. h. Iv., (1888) Art. 4, Sec. 422. 529. All money received by the Mayor or Register for penalties and forfeitures imposed by this sub-division of 336 MISCBlvIvANKOUS BOCAL LAWS. this Article shall be distributed and paid by the Mayor and City Council as follows : two-fifths thereof to the German Society of Maryland, and the Hibernian Society of Balti- ^ usedi^^’ niore to be divided between them as follows : to the German Society in proportion to the amount received from and on account of German and Swiss passengers, and to the Hiber- nian Society in proportion to the amount received from and on account of Irish passengers ; and the remaining three- fifths to the Supervisors of City Charities. P. L. Iv., (1860) Art. 4, Sec. 261. P. L. U., (1888) Art. 4, Sec. 423. ^ pJr centum ^ Register shall be entitled to two per centum upon the amount of money collected under this sub-division of this Article. P. L. L., (I860) Art. 4, Sec. 262. P. L- U, (1888) Art, 4, Sec. 424. Not to apply to Nothing Contained in the twelve next preceding [ep^^s^nta- sections shall be deemed to extend to any ambassadors, Sn^menfs^'"' ministers, consuls or agents of foreign governments arriving as passengers in the port of Baltimore. INSPECTIONS, WEIGHTS AND MEASURES. Barrels. 1890, ch. 332, Sec. 1. P. G. L., (1904) Art. 97, Sec. 27. 1906, ch. 331. 532. The standard barrel for the measurement of all Green peas or green peas or beans in the hull, which are sold by the dSdweh bushel, shall be of the following dimensions, namely: diameter of said barrel at the top shall be eighteen and three- fourths inches inside the staves, the diameter at the bottom inside the staves shall be sixteen and one-fourth inches, and the depth of said barrel shall be twenty-six inches inside, and to contain in all six thousand two hundred and fifty-three and three-fourths cubic inches, measurement by said barrel to be struck measure. INSPECTIONS, WEIGHTS AND MEASURES. 337 1890, ch. 332, Sec. 2. 1892, ch. 486. P. G. L., (1904) Art. 97, Sec. 27. 1906, ch. 331. 533. The dimensions of any barrel so used shall be stamped by the inspector of weights and dry measures of the City of Baltimore upon the same, in three conspicuous places, and any person using a barrel for the measurement of peas, beans and like farm products when sold by the bushel, without being so stamped, shall be fined not less penalty, than one hundred dollars, or more than five hundred dollars; said fine to be collected as other fines are now collected.** 1892, ch. 486. 534. It shall be the duty of said Inspector of Weights and Measures and any measurer of the City of Baltimore, inspection by from time to time to inspect the barrels used for the measure- wS t^and ment of said peas, beans and other farm products, and to see that the provisions of this sub-divison of this Article are complied with ; and upon the conviction of any person or corporation under the provisions of this sub-division of this Article, one-half of the fine imposed shall be paid to Penalty, said Inspector of Weights and Measures of the City of Baltimore. Coal. 1880, ch. 382. P. E. E., (1888) Art. 4, Sec. 428. 535. Every person dealing in or selling mineral coal within the City of Baltimore shall have scales of suitable capacity attached to the premises occupied by him ; any neglect upon the part of the dealer, seller or owner of coal p™vided by yards or wharves that are used for the sale of coal, to have the said scales placed within the aforesaid yards or wharves, shall be subject to a penalty of ten dollars for each and every offence, to be recovered by indictment and paid to the Comptroller of Baltimore City. 1880, ch. 382. P. E. E., (1888) Art. 4, Sec. 429. 536. If any owner of a cart or other vehicle used for hauling coal in the City of Baltimore shall neglect to have ‘*Note. — Note provisions of Act, 1906, ch. 331. 338 MISCKI.I.ANKOUS LOCAI, LAWS. Coal to be weighed. Penalty. Duty of police- men. Seller to pro- vide memo- randum of weight. such coal weighed upon the scales named in the preceding section, or if any dealer or seller shall sell the aforesaid coal to any cart, wagon or other vehicle, without being so weighed, he shall be subject to a penalty of ten dollars for each and every offence, to be recovered by indictment and to be paid to the Comptroller of the City of Baltimore. 1880, ch. 382. P.L. I.., (1888) Art. 4, Sec. 430. 537. It shall be the duty of any policeman of Baltimore City, when called for by the purchasers or any interested person, or when such officer has reason to believe any cart, wagon or other vehicle on the street or road containing coal has not the proper weight, to take such cart, wagon or other vehicle to the nearest State or available private scale and have it weighed ; and the party so weighing shall give a sworn certificate of the weight ; and the seller of said coal shall not make any additional charge for hauling said coal to any scales to be weighed ; and if the driver of said cart or other vehicle, or the owner thereof, shall refuse to drive said cart or other vehicle to said scales to be weighed as aforesaid, such driver or owner so refusing shall be fined the sum of five dollars, to be recovered by indictment and paid to the Comptroller of Baltimore City. 1880, ch. 382. P. L. L., (1888) Art. 4, Sec. 431. 1900, ch. 524. 638. It shall be the duty of every seller of coal to send with each and every load of coal sold by him a card or ticket, which shall indicate on its face in plain characters the seller^s name, the date, the weight of coal contained in the cart, wagon or other vehicle in which it is being transported ; and any vendor of coal violating such provi- sions, or being found selling or delivering any load of coal without such card or ticket, shall be liable to a fine of not less than five dollars, nor more than ten dollars for each and every offence, to be recovered and appropriated as provided in the preceding section ; provided, however, that two per centum shall be allowed in the weight of the INSPECTIONS, WEIGHTS AND MEASURES. 339 coal in the said cart, wagon or other vehicle for variation of scales ; and provided, further, that nothing in this Sec- tion contained shall apply to sales of coal by manifest weight in car or cargo lots. 1880, ch. 382. 539 . A compensation of twenty-five cents per ton shall weffhing be paid to the parties weighing the coal under the fore- going section, said sum for weighing to be paid by the seller, if the coal is deficient in weight, otherwise to be paid by the purchaser. 1900, ch. 650. 539 A. The Board of Police Commissioners shall order the detail of one policeman from each of the eight districts policeman to of the City (but one only at a time, and the said policeman haw. so appointed shall not serve continuously) , and each dis- trict changing alternately with the others for such time as the judgment of the Marshall shall determine. Such policemen shall be charged with the duty of enforcing the Coal Law for the benefit of the public and specially watch- ing the delivery of mineral coal by carts, wagons or other vehicles, and he shall be empowered with authority to weigh any cart, wagon or other vehicle loaded with coal at any time he may elect to do so. 1880, ch. 382. P. L. E., (1888) Art. 4. Sec. 433. 540 . The provisions of this sub-division of this Article Exceptions, shall not apply to the sale of coal by single bushel, half bushel, or peck. Gas Meters. 1876, ch. 356. P. E. E., (1888) Art. 4. Sec. 434. 541 . It shall be the duty of every gas company manu- facturing, furnishing and selling gas in the City of Balti- more, to place upon the premises of every consumer using 340 MISCELIvANKOUS eocae eaws. Co. to install efficient meters. Overcharge prohibited. Consumer of gas may cause meter to be tested. Rules govern- ing tests of meters. gas, a correct apparatus or meter for registering the consumption of the same, and it shall be the duty of the company to see that said apparatus or meter is kept in proper working order and condition. Blondell v. Consold. Gas Co., 89 Md. 744. 1876, ch. 356. P. E. E., (1888) Art. 4, Sec. 435. 542. It shall not be lawful for said company, under any circumstances, to charge or collect for any greater amount of gas than is registered by said apparatus or meter. 1876, ch. 356. P. E. E., (1888) Art. 4. Sec. 436. 543. Any consumer may, at any time, cause said apparatus or meter to be tested by the Superintendent of Lamps and Lighting or one of his Assistants, who shall make said test in the presence of the consumer and of an agent of the gas company, by which the gas may be supplied, if desired, and shall furnish to the consumer a certificate under oath of the true condition and working of said apparatus or meter ; and if it shall be found, upon any such test, that said apparatus or meter is registering gas in favor of said company, then, in the absence of any fraud upon the part of the consumer, the said company shall refund to the consumer an amount in lawful money equal to the percentage that the said apparatus or meter has been registering too fast, upon the bills of said consumer, registered by said apparatus or meter, for the four months next preceding the said test, unless the said company can prove that such inspection and certificate do not show the correct result ; and in case such refunding does take place, the said company shall also pay the expenses incurred in making said test. Gaugers of Casks and Liquors. 1872, ch. 264, Sec. 1. P. E. E., (1888) Art. 4, Sec. 437. 544. Any citizen of the State of Maryland, on applica- tion to the Clerk of the Court of Common Pleas in the City INSPECTIONS, WEIGHTS AND MEASURES. 341 of Baltimore, and on paying one hundred dollars to the said clerk, shall be entitled to receive a license to act as ifq^uorr^^ gauger of casks and liquors, for the term of one year from the date thereof. The person applying for said license shall, at the time of receiving the same, take and subscribe before said clerk, an oath that he will honestly and faith- fully discharge the duties of said office. 1872. ch. 264, Sec. 2. P. L. h., (1888) Art. 4, Sec. 438. 545. No person engaged in vending or trading in or manufacturing casks or liquors individually, or as a partner, or as agent, clerk or employee of a trader, vender who^canno^ or manufacturer of said articles, or either of them, or any commissioned officer, shall be licensed to act as gauger of casks and liquids. 1872, ch. 264, Sec. 3. P. E. E., (1888) Art. 4, Sec. 439. 546. Any person may sell, export or otherwise dispose of any foreign or domestic liquors in casks, without having when, the same gauged by a licensed gauger, but in cases of difference between the buyer and seller as to the quantity, either party may call in a gauger, and his judgment shall bind the parties. 1872, ch. 264, Sec. 4. P. E. E., (1888) Art. 4, Sec. 440. 547. The gaugers shall procure and use a correct set of gauging instruments, and as soon as they have ascertained ^ . . tne capacity of any cask they shall distinctly mark with struments. marking irons the capacity on the bilge near the bung, and prefix the letter M., for the State of Maryland, and first letter of the surname of the gauger who does the casks, gauging ; and any cask containing such liquor, to be mer- chantable, must be round at the bilge and heads, the„ .. staves thereof to be seasoned white oak, free from any for casks, injurious portion of sap-wood, and not less than half an inch thick at the thinnest part, and not more than three- quarters of an inch at the thickest part, and to be tight 342 MISCKLI.A.NKOUS IvOCAI. I,A\VS. Forfeiture for fraud. Wine measure to be em- ployed. Penalty for eiror. Penalty for false mark- ing-. Gauger’s charges. and secured with a sufficient number of good hoops; if of iron, six ; and if of wood, not less than twelve ; and at least not less than twelve on all double barrels and hogsheads ; and if any cask containing such liquor shall be found deficient in any of these respects by said gauger, he shall direct it to be coopered, or other casks substituted therefor, at the expense of the owner or seller ; and if any such cask shall be fraudulently made, the owner or seller thereof, or his agent, shall forfeit the cask to the use of the State. 1872, ch. 264. Sec, 5. P. h. L., (1888) Art. 4, Sec. 441. 548. The said gaugers, in order to ascertain the capac- ity of casks, shall conform to the Baltimore standard of wine measure ; and if any cask or vessel gauged or marked by said gauger shall in its capacity be found lacking or exceeding one or more gallons in any barrel, or two or more gallons in a cask of larger size, the gauger shall , forfeit and pay two dollars for each gallon so lacking or i exceeding the number of gallons marked by him on the ; cask. ; 1872, ch. 264, Sec. 6. P. L. L., (1888) Art. 4, Sec. 442. j 549. If any person shall alter any mark, or number | marked or set down by any gauger, thereby to deceive and j defraud the purchaser of distilled spirits, wine, molasses i or other liquid merchandise so gauged and marked, or shall put any false mark or number on said cask, or upon any certificate intended to counterfeit the mark or number of the gauger, he shall forfeit and pay twenty dollars for . every offence, one-half to the informer and the other half to the use of the State. 1872, ch. 264, Sec. 7, P. L. L., (1888) Art. 4, Sec. 443. 550. Every gauger so licensed shall be entitled to demand and receive from the person at whose request he ( shall gauge any cask, the following fees, to wit : For gauging casks not exceeding forty gallons, ten cents per cask ; for casks of larger size, fifteen cents. * INSPECTIONS, WEIGHTS AND MEASURES. 343 1872, ch. 264, Sec. 8. P. L. E., (1888) Art. 4, Sec. 444. 551. Any person not being properly licensed, who shall Gauging with- act as gauger, or being so licensed shall act as said gauger outside city outside the limits of the said City, shall forfeit and pay to penalty, the Sheriff of the City the sum of three hundred dollars ; said penalty to be imposed as a fine by the Criminal Court, on presentment and indictment by the Grand Jury and conviction in due course of law, and one-third of the penalty shall be paid by the Sheriff to the informer, and the resi- due shall be accounted for by the Sheriff to the treasury as other fines ; if any person so licensed shall be guilty of a fraud by reason of collusion with any parties, he shall be Fraud or coi- deemed guilty of misdemeanor, and shall, on presentment gaugers, and indictment therefor, and conviction thereof, forfeit and pay a fine of not less than five hundred dollars or more than one thousand dollars for every such offence, or be imprisoned, in the discretion of the court, for a time not exceeding three years, or both, and shall also be liable in damages at the suit of the party aggrieved. Hay and Straw. P. L. E., (1860) Art. 4, Sec. 410. 1864, ch. 33,9. 1867, ch. 381. P. E. E., (1888) Art. 4, Sec. 470. 552. The Governor, by and with the advice and consent inspectors, of the Senate, shall biennially appoint four inspectors of hay and straw for the City of Baltimore. P. E. E., (1860) Art. 4, Sec. 411. P. E. E., (1888) Art. 4, Sec. 471. 553. Each of said inspectors shall give bond to the Bond. State of Maryland, in the sum of two thousand dollars, for the true and faithful performance of the duties of his office. P. E. E.. (1860) Art. 4, Sec. 412. 1861, ch. 35. 1867, ch. 381. P. E. E., (1888) Art. 4. Sec. 472. 1896, ch. 375. 554. All hay and straw brought to the City of Baltimore weighing of may be weighed at the State hay scales as now established by law, by one of the inspectors, at the rate of one hundred 344 MISCKIvI^ANKOUS LOCAI. IvAWS. Certificate of Inspection. Charges. Penalty for fraud or neg lect of ven- dor. Exceptions. pounds to the hundred weight, making a reasonable allow- ance for the moisture thereof, as well as the mud or other substance attached to the wagon, cart or sled containing the same. P. Iv. Iv., (1860) Art. 4, Sec. 415. P. L. P., (1888) Art. 4, Sec. 474. 1896, ch. 375. 555. The inspector shall give a certificate of every load of hay or straw weighed by him, stating the gross and net weight of such straw or hay, and wagon, cart or sled. P. Iv. L., (1860) Art. 4, Sec. 413. 1882, ch. 130. P. Iv. Iv., (1888) Art. 4, Sec. 473. 556. The said inspector shall be entitled to demand and receive for each and every load of hay and straw inspected by him, of whatever weight, one cent per hundred weight; and for weighing hemps, cable, anchors, dye-woods, barks, etc. , two cents per hundred pounds ; and for inspecting and weighing corn in the ear and corn husks, one cent per hundred pounds. P. Iv. Iv., (1860) Art. 4, Sec. 416. P. L. Iv., (1888) Art. 4. Sec. 475. 1894, ch. 105. 1896, ch. 375. 557. If any person bringing hay or straw to said City shall neglect to have the same weighed by the said inspec- tor, or shall be detected in having stones, rubbish, wood or anything else concealed in his load, or shall in any man- ner change the condition of his cart, wagon, carriage or sled, with fraudulent intention, he shall forfeit and pay ■ for each and every such offence the sum of five dollars ; provided, however, any person bringing hay or straw to market, who shall sell and deliver the same for consump- tion west of Gwynn’s Falls, shall not be subject to the penalty herein recited as to not having said load of hay or straw weighed by the weighmaster at the western hay scales, provided he shall tender to the weigher of hay and straw, at the western hay scales, on the day of delivery of said hay or straw, such fee as is prescribed by law, said INSPECTIONS, WEIGHTS AND MEASURES. 345 fee to be ascertained by the certificate of the person weighing said hay or straw ; and when said certificate of private weigher is presented to the weighmaster of hay and straw at the western hay scales, the said weighmaster shall retain the certificate of the private weigher, and issue to the person presenting the certificate from the private weigher, a certificate from the book of the weighmaster at Certificate, the western hay scales corresponding with the certificate of the private weigher, for which the weighmaster at the western hay scales shall collect the fee prescribed by law; any seller of hay or straw failing to comply with the pro- visions of this section or failing to present the certificate of the private weigher to the weighmaster at the western hay scales, shall be subject to a fine of five dollars for each and every such offence. 1894, ch. 105. 558. Any private weigher, who shall under a false certificate, and any seller of hay or straw who shall present a false certificate to the weigher of hay and straw at the false certifi- western hay scales, shall be subject to a fine of five dollars and costs for each and every such offence. P. L. L., (1860) Art. 4, Sec. 417. P. L- L., (1888) Art. 4, Sec. 476. 559. If any person, after having his hay or straw weighed, and having obtained the inspector’s certificate, specifying the quantity thereof, shall dispose of any part thereof, or in any manner diminish the same in quantity, thereby to defraud or deceive the purchaser thereof, he shall forfeit and pay for every such offence the sum of twenty dollars. P. L. L., (1860) Art. 4, Sec. 418. P. E. L., (1888) Art. 4, Sec. 477. 560. The said inspectors may re- weigh carts, wagons, Reweighingr carriages or sleds, as often as they may deem expedient ; vehifies.*^ and if at any time either of them shall be required to do so by a purchaser of hay or straw, and it shall be found that 346 MISCKI.I.ANEOUS EOCAE EAWS. his report of the weight of the cart, wagon, carriage or sled is correct, the person requiring the same shall pay twenty cents to said inspector ; in other cases the re- weighing shall be free of charge. P. E. E., (1860) Art. 4, Sec. 419. P. E. E., (1888) Art. 4, Sec. 478. 561 . The said inspector shall, at all times when re- ^othli^rticies weigh hemps, cables, anchors, dye-woods, barks, roots, etc. 1864, ch. 384. F. E. E., (1888) Art. 4, Sec. 479. 562 . In addition to the charge hereinbefore authorized Additional’ State hay scales, the inspector shall be charges. entitled to demand and receive fifteen cents for each and every load of hay or straw which shall remain half an hour on the premises after the weighing thereof, but shall be removed before night, and thirty cents for each and every load which shall be left on the premises until the next morning. P. E. E., (1860) Art. 4, Sec. 421. P. E. E., (1888) Art. 4, Sec. 480. 563 . The weighing apparatus shall be adjusted at least once in six months by the standard of weights for the City ^scSiei”^ of Baltimore, the expenses of which, together with all the expense for repairs, shall be paid by the inspectors. 1864, ch. 384. P. E. E., (1888) Art. 4, Sec. 481. Account to 564 . The inspectors shall severally account for, under Treasurer, p^y Treasurer, quarterly, all moneys received by them as inspectors, after retaining for their services three-fourths of all moneys received under sec- tions 556 and 560, and one-fifth of all moneys received under section 562 of this Article. 1867, ch. 241. P. E. E., (1888) Art. 4, Sec. 482. 565 . It shall be the duty of the inspector of hay and straw having charge of the eastern hay scales at Canton, INSPECTIONS, WEIGHTS AND MEASURES. 347 in the City of Baltimore, to weigh all cattle and hogs re- quired by law to be weighed, which may be brought to said scales for that purpose ; and the said inspector shall be entitled to demand and receive for the use of the State, for the first time of weighing any livestock, except sheep, required by law to be weighed, two cents for every hun- dred weight, and one cent per head for every sheep ; and for every second and subsequent weighing, for cattle and hogs, two cents for every thousand weight, and sheep, one cent for every thousand weight, and all live-stock not re- quired to be weighed, the sum of six cents for every thousand weight. 1867, ch.'241. P. L. E., (1888) Art. 4, Sec. 483. 566. He shall keep a full record of all weights as ascertained and determined by him, of what, and for whom the same may be ascertained and determined, and all money received by him for weighing live-stock, and all Record of expenditures and disbursements, in books to be provided mone^ylto”be for him for that purpose, which books shall belong to the State, and shall at all times be subject to the inspection and order of the Comptroller ; and he shall, at the expira- tion of every six months, or within five days thereafter, upon his oath, taken before a Justice of the Peace for said City, make a full statement of all receipts for weighing all live-stock weighed by him for the six months imme- diately preceding said statement, and from whom received, and all disbursements by him made to the Comptroller ; and if the balance in the hands of said inspector for weighing live-stock for said six months shall exceed the sum of two hundred dollars, he shall pay the excess into compensation the Treasury; but if there be no excess over and above two hundred dollars, after deducting all necessary ex- penses for receipts for weighing live-stock, the said inspector shall retain the balance as compensation for his services for weighing such live-stock. 348 MISCEI.LANEOUS EOCAE EAWS. Impounding live-stock. Inspector’s neglect. Penalty. Additional bond. 1867, ch. 241. P. E. E., (1888) Art. 4, Sec. 484. 567. Upon failure and refusal of any agent or owner of live-stock to pay for weighing the same he may impound any number of live-stock he may deem necessary to cause such fees to be paid ; provided, no injury be done to said stock by confining them as aforesaid, and that they be delivered to the owner or agent upon payment of all just and proper charges. 1867, ch. 241. P. E. E., (1888) Art. 4, Sec. 485. 568. If the inspector shall neglect or delay to weigh or cause to be weighed any live-stock brought to said scales for the purpose of being weighed, for a time not exceeding twenty-four hours after he shall have been requested to weigh the same, he shall forfeit and pay to the owner of such live-stock or his agent the sum of ten cents an hour upon each and every head thereof for so many hours as he shall omit or neglect to weigh the same, over and above the term of twenty-four hours, Sunday excepted, to be recovered in an action of debt before a Justice of the Peace, with costs. 1870, ch. 256. P. E. E., (1888) Art. 4, Sec. 486. 569. The said inspector of hay and straw shall execute a bond to the State in addition to the bond now provided by law to be given by said inspector, to be approved by the Comptroller, in the penal sum of one thousand dollars, conditioned for the full performance of all acts and things required by him as weigher of live-stock at said scales, and to pay all damages that may be sustained by reason of wilful omission, refusal or neglect to discharge said duties; which bond shall be filed with the State Comptroller ; but said inspector or weigher of hay and straw shall be charge- able with the payment of a tax of ten dollars, and no more, for his commission. INSPECTIONS, WEIGHTS AND MEASURES. 349 P. L. L., (I860) Art. 4, Sec. 423. P. h. L-, (1888) Art. 4, Sec. 487. 570. All fines and forfeitures imposed under sections 557 to 559 may be recovered with costs in the name of the State, before a Justice of the Peace in the manner that fines, small debts are recovered ; one-half to the informer and the other half to the use of the State. Manure. P. L. L., (I860) Art. 4, Sec. 489. P. E. E., (1888)’Art. 4, Sec. 507. 571. A cart load of manure shall contain forty cubic cart load, feet. Steam Boilers. 1872, ch. 153. P. E. E., (1888) Art. 4. Sec. 509. 572. The Governor shall biennially appoint two suitable persons who are well skilled in the construction and use of steam engines and boilers, and in application of steam there- to, whose duty it shall be to inspect steam boilers in the City inspectors, of Baltimore, as hereinafter specified and directed ; said inspectors before entering on their duties, shall make oath before a Justice of the Peace, that they will faithfully perform the duties of their office without fear, partiality or favor ; that they are not, and will not during their term of office, be connected with, or interested in the manufac- ture of steam boilers, engines or machinery applicable thereto, and that they will not during their term of office, accept any money, gift, gratuity or consideration from any person, and shall give bond, to be approved by the State Comptroller, in the sum of five thousand dollars each, for the faithful discharge of their duties. 1872, ch. 153. P. E. E., (1888) Art. 4, Sec. 510. 573. The City of Baltimore is divided into two districts, which shall be known as the first and second steam boiler inspection districts ; the first district shall embrace what is now known as the Eastern, Northeastern and Southern 350 MISCKIvIvANKOUS locai, i^aws. Police Districts ; the second shall embrace what is now known as the Central, Western, Northwestern and South- western Police Districts of said City ; and the Governor in appointing the inspectors shall assign each to his respective district. 1872, ch. 153. P. Iv. L., (1888) Art. 4, Sec. 511. 574. The inspectors, before entering on the discharge of their duties, shall provide themselves with an office in a central part of said City, also with the necessary appara- tus and appliances for the testing of steam boilers ; and they shall give notice for three successive days, through the two daily papers having the largest circulation in said City, of the time and manner in which they shall receive the reports of the locations of steam boilers. 1872, ch. 153. P. L. L., (1888) Art. 4, Sec. 512. Owner to re- ^ 75 , Every owner or renter using a steam boiler in said Sf City, shall, within ten days after the publication of the aforesaid notice, report to the inspector of the district the location of such boiler, under a penalty of fifty dollars for each day a boiler is used and neglected to be reported. Penalty. Notice of in- spection. 1872, ch. 153. P. Iv. Iv., (1888) Art. 4, Sec. 513. 576. The inspector of each district shall give six days^ notice in writing to each owner or renter of a steam boiler, or the engineer or person in charge, of the time when he will inspect such boiler ; and such owner or renter shall have such boiler ready for inspection, in compliance with the requirements of said notice, and shall furnish such assistance as the inspector may require, under a penalty of fifty dollars for such failure or neglect, and a further pen- alty of fifty dollars for each day any such boiler is used without a certificate of inspection. INSPECTIONS, WEIGHTS AND MEASURES. 351 1872, ch. 153. P. E. E., (1888) Art. 4, Sec. 514. 577. It shall be the duty of each inspector, once at least in every year, to inspect all stationary steam boilers Annual in- of three horse power and upwards, used within the limits sp^ction. of his district, subjecting them to a hydrostatic test of at least twenty-five per cent, in excess of the steam pressure allowed, and satisfy himself, by a thorough external and internal examination, (if possible) with a hammer, that specifications the boilers are free from danger from corrosion or other defects, are well made of good material, the openings for the passage of water and steam, respectively, and all pipes and tubes exposed to heat are of proper dimensions, and free from obstruction ; that the flues and tubes if any are circular in form, the furnaces in proper shape, and the fire line of the furnaces is at least two inches below the minimum water line of the boilers ; and shall also satisfy himself that the safety valves are of suitable dimensions, sufficient in number and well arranged, and that the weights are properly adjusted so as to allow no greater pressure in the boiler than the amount prescribed in the certificate of inspection; that there is a sufficient number of gauge-cocks, a steam gauge, a coupling cock in suitable position for attaching the hydrostatic test, that means for blowing out are provided, so as to thoroughly remove the mud and sediment from all parts of the boilers when they are under the pressure of steam, and that fusible metals are properly inserted so as to fuse by the heat of the furnaces when the water in the boilers shall fall below the prescribed limits, and that adequate and certain pro- vision is made for an ample supply of water at all times ; when the inspection is completed and the inspector approves certificate of the boiler, he shall make and subscribe a certificate of inspection, stating the condition of the boiler, the number of years or months it has been in use, and the pressure of steam allowed ; and no greater pressure than that allowed by the certificate shall be applied to such boiler. In limit- ing pressure, whenever the boiler under test will, with safety, bear the same, the limit desired by the owner shall be the one certified ; and such certificate of inspection shall be framed under glass, and kept in some conspicuous 352 MISCELI.ANEOUS LOCAE LAWS. Quarterly ex- amination. Revocation of certificate. Penalty. place on the premises where said boiler referred to is used * and if the inspector shall deliver or cause to be delivered to the owner or renter of any boiler a certificate of inspec- tion without having first subjected the said boiler to the tests as herein provided, he shall forfeit his bond, and upon conviction shall be removed from office by the Governor. 1872, ch. 153. P. E. E,, (1888) Art. 4, Sec. 515. 578. In addition to the annual inspection, it shall be the duty of the inspector to examine all boilers within the limits of their respective districts once at least in every three months and if deemed necessary, apply the hydrostatic . test ; and if on such examination the inspector shall find . evidence of deterioration in strength, he shall revoke the ; certificate and issue another, assigning a lower rate of i pressure ; and if the defect be of such character as to make the boiler dangerous, the inspector shall notify the owner i or renter in writing, stating in the notice what is required, • and order the use of the boiler discontinued until the ; necessary repairs are made ; and if he considers it beyond repair, he shall condemn it ; and if the owner or renter | shall refuse or neglect to comply with the requirements of { the inspector, and shall, contrary thereto, and while the \ same remains unreversed, use the boiler, he shall be liable j to a penalty of not less than one hundred dollars for each j day such boiler is used, and in addition thereto shall be | liable for any damage to persons or property which shall occur from any defects, as stated in the notice of the inspector. 1872, ch. 153. P. E. E., (1888) Art. 4, Sec. 516. 579. Any owner or renter of a boiler, who shall con- sider himself aggrieved by the action of the inspector, under the provisions of the preceding section, may, within ten days after such inspection, notify the inspector of the fact, and demand a re-examination of the said boiler ; the owner or renter shall select a practical engineer, who, with the inspector, shall select a third person, skilled in the INSPECTIONS, WEIGHTS AND MEASURES. 353 manufacture and use of steam boilers, which said two persons, after taking an oath as reviewers, shall, together with the inspector, carefully examine the said boiler, and the decision of any two of these shall be final ; should the decision of the inspector be sustained, the said owner or renter shall pay the expense of such review ; but should it R^examina- i_ 1 • in reviewers. be reversed, the inspector shall restore the certificate, and the expense of the review shall be paid by the State ; such reviewers shall receive five dollars for each day or part of a day they are engaged in making such review. 1872, ch. 153. P. L. E., (1888) Art. 4, Sec. 517. 580 . Any person erecting or using a steam boiler without having the same inspected by the inspector of the district in which the said boiler is located, shall pay a fine of one hundred dollars, and fifty dollars for each day any such boiler is used without being inspected ; and any per- Penalty for use son who shall alter or change a steam guage or weight on rpe?t°Sn.'“‘ a safety valve for the purpose of carrying a greater pressure of steam on a boiler than that allowed by the certificate of inspection, shall be liable to a fine of five hundred dollars ; and any owner or renter of a steam boiler who shall neglect or refuse to place his certificate of inspection on the premises, as prescribed in Section 577 hereof, shall pay a fine of five dollars for each day’s refusal or neglect. 1872, ch. 153. P. E. E., (1888) Art. 4, Sec. 518. 581 . The inspector shall have power to examine the engineers and assistants in charge of boilers, and if any engineer or assistant is found incompetent or addicted to Examination intemperance, the inspector shall notify the owner or rent- er, and withdraw the certificate of inspection until such engineer or assistant is displaced. 1872, ch. 153. P. E. E., (1888) Art. 4, Sec. 519. 582 . Before issuing any certificate of inspection, the inspector shall demand and receive from the owner or 354 MISCKLI.ANEOUS EOCAE EAWS. Fees for in- spection. Inspectors’ records and accounts. Salary. Foregoing not to conflict with ordi- nances of and C. C. Steam boiler insurance companies. renter of the boiler, as a compensation for the inspection, and the examinations to be made during the year as here- inbefore provided, the following sums : For every boiler of ten horse-power or less, five dollars ; when the boiler is above ten horse-power, five dollars for the first ten, and twenty-five cents additional for each horse-power in excess of that number. 1872, ch. 153. P. E. L., (1888) Art. 4, Sec. 520. 583. It shall be the duty of each inspector to keep a correct record of the locations of all boilers in his district, when each boiler was inspected, the condition of the same at the time of inspection, the instructions given to the en- gineers in charge, the certificates issued, the amount of steam pressure allowed in each certificate, and the boilers condemned or ordered to be repaired ; also a correct ac- count of all money received or paid out ; and they shall report the same annually to the State Comptroller. 1874, ch. 96. P. E. E., (1888) Art. 4, Sec. 521. 584. The inspectors shall receive an annual salary of fifteen hundred dollars each; and all moneys, collected, after deducting the necessary incidental expenses of the office, shall be paid over to the Treasurer of the State. 1872, ch. 153. P. E. E., (1888) Art. 4, Sec. 522. 585. Nothing in this sub-division of this Article shall conflict with the ordinance of the Mayor and City Council ■ of Baltimore which requires their permission for the erec- tion of steam boilers in that City. 1886, ch. 503. P. E, E., (1888) Art. 4, Sec. 523. 586. Every steam boiler insurance company doing bus- iness in this State shall have a resident inspector, whose duty it shall be to make inspections of steam boilers sub- mitted for insurance to such steam boiler insurance company ; and any owner or renter of a steam boiler who INSPECTIONS, WEIGHTS AND MEASURES. 355 has the same insured in a steam boiler insurance company doing business in this State, in compliance with the laws thereof, and having a resident inspector and an established system of inspection, must immediately after the first annual inspection in each year by such resident inspector of such steam boiler insurance company, present to the State inspector of the district in which the said steam boil- ers are located, the certificate of inspection of the said company ; and the said company shall be charged and chargeable with a fee of one dollar for each and every boiler so inspected and insured, which shall be paid to the State Inspector with such certificate ; provided, that when there is more than one steam boiler belonging to the same owner or renter so insured, then the fee so chargeable to the in- surance company shall be one dollar per boiler for the first five, and one dollar for each additional five or fraction thereof over and above the first five ; and upon the accept- ance of the provisions of this section by the owner or renter of said steam boiler, the said owner or renter shall be exempted from the requirements of this sub-division of this Article. 1872, ch. 151. P. Iv. Iv., (1888) Art. 4. Sec. 524. 587. If either inspector neglects to discharge his duties inspector’s as prescribed in this sub-division of this Article, he shall forfeit his bond, and shall be removed from office by the Governor. 1872, ch. 151. P. E. E., (1888) Art. 4, Sec. 525. 588. The Governor shall fill all vacancies that may , Vacancies. occur as soon as possible. 1872, ch. 151. P. E. E., (1888) Art. 4, Sec. 526. 589. All fines and penalties imposed in this sub-division Recovery of of this Article shall be recoverable by indictment before the Criminal Court of Baltimore, or before any Justice of the Peace of said City, in the name of the inspector, for the benefit of the State. 356 MISCEIvIvANKOUS EOCAE EAWS. Measurer. Duties. Certificates. Cord Measure. Wood Carts. 1878, ch. 183. P. L. E., (1888) Art. 4, Sec. 527. 1894, ch. 313. 590. The Governor shall biennially appoint, by and with the consent of the Senate, one competent person, whose duty it shall be to measure and stamp all carts or vehicles engaged in hauling cord wood from wharf and yard within the corporate limits of the City of Baltimore ; and it shall further be the duty of the said measurer to measure and stamp all carts or vehicles engaged in hauling sawed and split wood for the purpose of selling the same within the corporate limits of the City of Baltimore ; the said measurer shall have power to appoint deputies if he shall find it necessary to facilitate the work ; and he or his assistants shall give certificates to the owners of said carts or vehicles, which shall hold good for one year from date ; all such certificates shall terminate on the first day of May, annually, and shall be applied for on said day, or within thirty days thereafter ; and in all cases where said certifi- cate shall not have been renewed within the thirty days aforesaid, a new certificate shall be necessary, to be dated and paid for from the first day of May, as in case of renewal, unless some repairs or alteration be necessary to change the same, for which services he shall receive the sum of one dollar for each cart or vehicle so inspected and marked by him, to be paid by the party at whose request the services were performed ; the said measurer or his deputies shall be in no way interested as clerks, or other- wise engaged in the purchase or sale of fire-wood, other than for their own use. 1894, ch. 313. 591. It shall be unlawful for any person, in either purchasing or selling seasoned cord wood in quantities of not less than one-half cord at any one time, to measure and settle for the same, except on the basis of one hundred and twenty-eight cubic feet to each cord of wood ; and the said contents of a cord of wood shall be ascertained by lineal or outside measurement, as follows : It shall be eight feet long, four feet high and four feet wide INSPECTIONS, WEIGHTS AND MEASURES. 357 1894, ch. 313. 592. Any person violating the provisions of the pre- ceding section, shall be deemed guilty of a misdemeanor, ^shorTmeas- and upon conviction thereof shall be subject to a fine of not less than fifty nor more than one hundred dollars, one- half to go to the informer. 1876, ch. 46. P. E. L., (1888) Art. 4, Sec, 528. 593. The said measurer and his deputies, before enter- ing upon their duties of office, shall take the following oath oath, or affirmation, as the case may be, before some Justice of the Peace : “I do solemnly swear (or affirm) that I will faith- fully, truly and impartially,' according to the best of my skill and judgment, execute and perform the office and duty of measurer of carts according to the true intent and meaning of this sub-division of this Article, so help me God. 1878, ch. 183. P. E. E., (1888) Art. 4, Sec. 529. 1894, ch. 313. 594. Said measurer shall locate himself in some suitable section of the City, where he can be found, where the greatest quantity of wood is for sale ; he shall plainly mark, by a brand on the standards of each side of said carts or Mark on carts, vehicles, in such a manner as that the purchaser or con- sumer of fire-wood may see the quantity contained in each eighth, quarter, half or cord of wood so purchased by him, the standard of measurement to be one hundred and twenty-eight cubic feet to the cord of well stored and pack- ed cord wood, or one hundred and sixty cubic feet of sawed and split wood. 1886, ch. 315. P. E. E., (1888) Art. 4, Sec. 530. 1894, ch. 313. 595. All stick wood sold by retail in the City of Balti- Measurement more, shall be measured in a solid frame made of wood or iron ; a frame to measure one-eight of a cord shall be two feet wide and two feet high ; a frame to measure one- fourth of a cord shall be three feet wide and two feet eight 358 MISCKLI.ANKOUS LOCAL LAWS. Penalty. Sawed or split wood. Prohibitions. Penalty. inches high ; a frame to measure three-eighths of a cord shall be four feet wide and three feet high ; and a frame to measure one-half of a cord shall be four feet wide and four feet high, these various dimensions being all intended to import inside measurement ; all frames shall be meas- ured and stamped every year by the inspector just as carts are measured and stamped. 1886, ch. 315. P. L. I.., (1888) Art. 4, Sec. 531. 596. If any wood dealer shall sell stick wood by retail in the City of Baltimore, measured otherwise than in a frame, he shall be subject to the penalty of five dollars for each offence ; one-half of the penalty to go to the informer; said penalty to be recovered before some Justice of the Peace. 1886, ch. 315. P. L. Iv., (1888) Art. 4, Sec. 532. 597. The two preceding sections shall not apply to, the measurement of sawed and split wood. 1878, ch. 183. Sec. 4. P. L. h., (1888) Art. 4, Sec. 533. 598. If any owner of a cart or vehicle to be used in hauling fire-wood in the City of Baltimore shall neglect to have such cart or vehicle so inspected, and if any carter or person shall alter the marks of said carts or vehicles after the same have been so inspected, or shall alter the measure- ment of said fire-wood by increasing or taking from the same, or neglect to have said carts or vehicles stamped, as provided for in this sub-division of this Article, by the first day of June of each year, or if any dealer shall sell the aforesaid cord or sawed and split wood to any cart or vehicle not properly stamped by the measurer or his depu- ties, provided for by this sub-division of this Article, he shall be subject to the penalty of five dollars for each offence, to be recovered as small debts are now recovered, before some Justice of the Peace, for the the use of the City of Baltimore. JONES’ FALES. 359 1878, ch. 183, Sec. 5. P. L. h., (1888) Art. 4, Sec. 534. 599 . In case of dispute between the purchaser and seller of any lot of fire-wood, the measurer or his deputy, appointed under this sub-division of this Article, may act as arbitrator between said parties, and his decision shall be disp^utes” ° final; for which services he shall receive the sum of six and one-quarter cents for each cord of wood so inspected and measured by him, to be paid by the party at whose request said service was performed; the said measurer or deputy to give a certificate of the number of cords con- tained in each lot. JONES’ FALLS. 1870, ch. 115. P. L. E., (1888) Art. 4, Sec. 579. 600 . None of the provisions of this Article in reference ^ ^ General provi- to constructing sewers and opening and paving streets in the City of Baltimore shall apply to the construction of the Nation to sewers, and to the opening and paving of the streets and avenues for which provision is made in this Article relating Jones’ Fails ,T-,n • f ^ •• except as in to Jones Falls, save in so far as the said provision may be made applicable thereto by an ordinance of the Mayor and City Council of Baltimore, passed for that purpose; and provided further, that no appeal shall lie from the de-P^'^'^isopto cisions of the Baltimore City Court in proceedings in said Court under the provisions of this Article relating to Jones' Falls. 1870, ch. 115. P. E. E., (1888) Art. 4, Sec. 580. 601 . All of the provisions of an ordinance of the Mayor and City Council of Baltimore, entitled an ordinance to provide for the improvement of Jones' Falls within the limits of the City of Baltimore, approved January 31, 1870, shall have the same force, effect and operation, and be in all respects as valid as if the said ordinance had been ordinance passed after the approval of the Act of 1870, chapter 115, or had been passed after the enactment of a law by the General Assembly of Maryland authorizing and empower- ing the Mayor and City Council of Baltimore to pass such an ordinance. 360 MISCKI^LANEOUS I.OCAI. I.AWS. JURORS. P. Iv. Iv., (1860) Art. 4, Sec. 601. 1860, ch. 308. 1867, ch. 401, Sec. 4. 1882, ch. 67. 1884, ch. 450. P. L. L., (1888) Art. 4, Sec. 583. 602. The Judges of the Supreme Bench of Baltimore City, or a majority of them, shall meet in some one of the courtrooms of the City of Baltimore on such days as the said Judges, or a majority of them, shall appoint, in the month of April in each year, and shall on such days of meeting, select fairly and impartially, and by the exercise Selection of 750 of their best judgment, the names of seven hundred and fifty persons, or thereabout, qualified under the laws of this state to be grand and petit jurors in the City of Baltimore. They shall cause the names of the persons so selected to be entered in a proper book, and shall verify the list so made up by their certificate and signatures. The said book con- taining the said list shall be placed in the custody of the Clerk of the Superior Court of Baltimore City. *Clare v. State, 30 Md. 163. Avirett v. State, 76 Md. 535.. State v. Keating, 85 Md. 188. P. L. Iv., (1860) Art. 4, Sec. 602. 1860, ch. 308. 1882, ch. 67. 1884, ch. 450. P. h. h., (1888) Art. 4, Sec. 584. 603. In order to assist the said Judges in making out City Collector the list of jurors aforesaid, the City Collector of the City ifstnoS^ax- of Baltimore, shall, before the first day of February in each and every year, lodge with the Clerk of the Superior Court of Baltimore City, for the use of said Judges, a certified list of so many of the taxable male inhabitants, resident in the said City, as he may have been directed to furnish by the order of said Judges, or a majority of them, setting out their names and places of residence, so far as the same may be ascertained ; and the said Collector shall receive for such service a compensation to be fixed by said Judges, and he. shall be paid as jurors are paid. I860, ch. 308. 1882, ch. 67. 1884, ch. 450. P. h. K., (1888) Art. 4, Sec. 585. 604. The said list of persons, qualified under the laws of this State to be grand and petit jurors in the City of JURORS — GRAND JURORS. 361 Baltimore, having been prepared as aforesaid, it shall be the duty of the said Judges of the Supreme Bench of Bal- timore City, or a majority of them, to meet in each and every year in some one of the courtrooms of the City of Baltimore, on one or more days to be appointed by them, be- fore the beginning of each regular term of the Criminal Court of Baltimore, which said meeting, or the last of which said appointed meetings shall be at least ten days before the beginning of each of said terms, and to select from said list the names of twenty- three persons, who shall consti- tute and be the grand jurors for the City of Baltimore for selection of the ensuing term of said Criminal Court of Baltimore ; the juro”s. list of grand jurors so selected shall be attested by the signatures of the Judges selecting the same, and be given forthwith to the Sheriff of Baltimore City, who shall imme- diately summon the persons so selected, to serve as grand jurors for the City of Baltimore at the ensuing term of the Criminal Court of Baltimore. If any of the grand jurors so selected and summoned shall be shown to be disqualified, or be from any sufficient cause excused from serving, it shall be the duty of the said Judges of the Supreme Bench of Baltimore City, or of a majority of them, to re-assemble as soon as they are notified thereof by the Judge of the Criminal Court of Baltimore, and to assemble again, from time to time, if the same be necessary, to correct and complete, in the manner hereinbefore provided for, the said Grand Jury for the City of Baltimore, by the selection of proper persons as aforesaid from the list of qualified jurors made as aforesaid, omitting in said selection the names of persons on said lists who may have been drawn to serve as petit jurors in other Courts of said City at said term. The Judges shall, after so correcting and complet- ing the list of grand jurors for the City of Baltimore, so before made out by them, attest the said list of grand jurors as so corrected, by their certificate and signatures thereto. The Judge of the Criminal Court of Baltimore shall, at the beginning of each term of the said court, designate the foreman of the Grand Jury for the City of Baltimore for the said ensuing term, from among the number of grand jurors selected as aforesaid for said City; 362 MISCELIvANKOUS EOCAE EAWS. and in case of the disqualification, sickness, absence or death of said foreman, or of any foreman of said Grand Jury, may designate another from among the number of said Grand Jury, who shall act as such foreman. state V. Keating, 85 Md. 188. 1900, ch. 164. 604 A. Upon the organization of each Grand Jury, as provided for in the preceding Section, and upon their re- quest therefor signified to the Judge or Judges for the time being specially assigned to and sitting in the Criminal Court of the said City, the said Judge or Judges may, and ^ Grand Jury, ^hey are hereby authorized and empowered to, appoint a clerk, who shall be a competent stenographer, at a com- pensation not exceeding the rate of fifteen hundred dollars per annum, to be paid by the Mayor and City Council of Baltimore, which said clerk shall have authority to take and transcribe the testimony given before any Grand Jury in said City of Baltimore, and whenever required by the State’s Attorney shall attend upon and take and transcribe the testimony given at Coroner’s inquests, and all of the said testimony so taken and transcribed shall be for the exclusive use and benefit of the Grand Jury and the State’s Attorney of said City, unless otherwise ordered by the Court. 1900, ch. 164. 604 B. Any clerk appointed under the provisions of the preceding Section shall before he enters upon the duties of his office take and subscribe before the Clerk of Clerk’s oath, the Criminal Court of Baltimore City an oath that he will keep secret all matters and things occurring before such Grand Juries. 1900, ch. 164. 604 C. It shall be lawful for any stenographer, duly appointed and qualified as herein provided, to attend and be present at the sessions of every Grand Jury empaneled JURORS — CLERK AND STENOGRAPHER. 363 in the said City, and it shall be his duty to take in short ^ procSdfSs"^ hand the testimony introduced before such Grand Juries and to furnish to the Grand Jury and the State’s Attorney of said City a full copy of all such testimony as such Grand Jury or State’s Attorney shall require, and he shall not permit any other person to take a copy of the same nor of any portion thereof, nor to read the same nor any portion thereof, nor shall he disclose the character or any of the contents of the same to any person or persons other than the Grand Jury or State’s Attorney for said City, except upon the written order of the Court duly made after hearing the State’s Attorney. All of the said origi- nal minutes shall be kept in the custody of said State’s state’s At- Attorney, and neither the same nor a copy of the same custodian of shall be taken from the office of said State’s Attorney excepting for the use of a Grand Jury for said City or for production in Court, without an order of Court first had and obtained, as above provided. 1900, ch. 164. 604 D. Any stenographer appointed as aforesaid who shall violate any of the provisions of the three preceding sections with regard to secrecy shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined „ „ Penalty. not exceeding one thousand dollars or imprisoned in jail not exceeding one year, or be both fined and imprisoned in the discretion of the Court. 1882, ch. 67. 1884, ch. 450. P. L. L., (1888) Art. 4, Sec. 586. 605. The said Judges of the Supreme Bench of Balti- Drawing of 4co more City, or one or more of them, shall, at one or more of iiiroj%uX- the meetings provided for in the last preceding section of this sub-division of this Article, after the selection of the grand juries for the City of Baltimore, as provided in the last preceding section, cause all the names selected by the Judges as aforesaid, remaining upon said list of qualified jurors, to be inscribed upon ballots, which shall be of equal size, color and appearance, and shall be closely folded and 364 MISCEIvIvANKOUS eocae eaws. shall be placed by one of such Judges, with his own hands, on the day of said meeting and immediately before the drawing herein provided for, in a drawing wheel to be provided for that purpose by the Sheriff of Baltimore City, under the direction of said Judges ; the said Judge shall then cause the said Sheriff, or such one of his deputies as he shall designate, to appear before him ; and it shall be the duty of the said Sheriff or his said deputy, in the presence and in the immediate view of the said Judge or Judges, and of such other persons as may choose to attend, to draw one by one from said wheel the ballots contained therein until four hundred of said ballots have been drawn therefrom; and the said Judge or Judges shall cause the said wheel to be turned upon its axis before the commencement of said drawing, and after the ballots have been deposited therein, and after the drawing of each ballot, and before the drawing of the next, until four hundred of said ballots shall have been drawn ; and said Judge or Judges shall forthwith cause the ol5^to°L^re'- names appearing upon said ballot as drawn, together with “the names selected as grand jurors, to be duly recorded in a proper book in tbe order in which they shall have been chosen, and in which said Judge or Judges shall have seen them drawn as aforesaid, which said Judge or Judges so attending said drawing shall certify at the foot of said list to have been done. 1882, ch. 67. 1884, ch. 450. P. L. L., (1888) Art. 4, Sec. 591. 606 . After four hundred of the names in the box shall have been drawn, as provided by section 605, it shall be Entry of names the duty of Said Judge or Judges who shall have attended boS said drawing to cause the names of the said several panels, and the names of the other persons drawn as aforesaid, to be entered in two books, in addition to the book provided in section 605, in the order in which the said panels and the names aforesaid were drawn ; and the said books shall be certified by the Judge or Judges who shall have attended said drawing, to be true copies of the book prescribed in JURORS — ADDITIONAL JURORS. 365 section 605, and said books shall be denominated jury books for Baltimore City.** 1896, ch. 20. P. Iv. L., (1888) Art. 4, Sec. 591A. 607 . In addition to the four hundred names to be drawn as provided by section 605 of this Article, it shall be the duty of said Judge or Judges who shall attend said draw- ing to cause to be drawn in the mode pointed out in said section 605, or in such other mode as shall be prescribed by the Supreme Bench of Baltimore City, one hundred 109 additional, additional jurors, or such other number as shall be deemed necessary to be drawn by the Supreme Bench of Baltimore City which said jurors so drawn, together with the said four hundred jurors, shall, under such regulations as shall be pre- scribed by the Supreme Bench of Baltimore City, serve from time to time as jurors in the common law courts of Baltimore City, and for such length of time as said courts shall pre- scribe, and power is hereby conferred upon said Supreme Bench of Baltimore City to prescribe by rule for the mode, time and place for the drawing of jurors, for the organization thereof, and for the distribution among the said several common law courts of Baltimore City, of the jurors whose drawing is provided for by the several sections of this sub- division of this Article, and to regulate the length of time for which the jurors drawn as aforesaid shall serve. P. L. L., (1860) Art. 4, Sec. 609. 1860, ch. 308. 1882, ch. 67. 1884, ch. 450. P. L. L., (1888) Art. 4, Sec. 592. 608 . When the jury books shall have been prepared and certified as directed in the foregoing section, it shall be the duty of the said Judge or Judges by whom the same shall have been so certified, to cause one of the said books to be deposited in the custody of the Clerk of the Deposit of jury Superior Court of Baltimore City, and one in the custody of the Sheriff of Baltimore City, and one shall be retained **Note. — Condemnatio7i Juries . — Such juries need not be summoned from the jury book. Balto., Belt R. R. Co. v. Turner, Daily Record, January 12, 1893. 366 MISCKIvIvANKOUS I.OCAL I.AWS. by the said Judges of the Supreme Bench of Baltimore City, or by such one of their number as they shall appoint for the purpose of verifying the list of persons so delivered as aforesaid to the Clerks or the Sheriff of Baltimore City. And when the said books shall have been delivered to the said Sheriff, he shall immediately summon the several jurors drawn for the several panels named in the said book, to serve in the court for which they have been respectively drawn, at such time as shall be designated by the court. And in addition to summoning the said jurors for the said several panels, the said Sheriff shall also summon such additional number of persons, whose names are set down in said book, and as nearly as may be in the order in which their names are so set down, as the said Judges of the Supreme Bench, or a majority of them, shall direct, to appear in the room of the Superior Court of Baltimore City at the same time with the panel for said court. And the said additional number of jurors shall Reserve list, constituto a roscrvo, from which without further summons, jurors may be selected to serve in lieu of any persons drawn for the regular panels of said court aforesaid, who may not be found, fail to appear, are legally disabled, or are excused or excluded from attending, so that the panels may be completed by selecting from said reserve, in the following order : First, for the Superior Court of Baltimore City ; second, the Criminal Court of Baltimore ; third, the Baltimore City Court ; and fourth, the Court of Common Pleas. And until said panels have been com- pleted, said reserves shall be required, upon the order of the several courts, to proceed from one to the other in the order above mentioned ; and when all said panels have been completed, those persons summoned for such reserve, and not empaneled, shall be discharged, but shall not thereby be excused from service when resummoned ; and in empaneling juries for said reserve their names shall be called in the order in which they appear in said book ; and the names of said reserves shall first be all called in the Superior Court of Baltimore City, the Judge of which Court shall determine upon their qualifications as jurors. JURORS — TALESMEN . 367 and the right or claim of any members of said reserve to be excused or exempted from service. Clare v. State, 30 Md. 166. 1882, ch. 67. 1884, ch. 450. P. L. L., (1888) Art. 4, Sec. 593. 609 . If the full panels of jurors for the said several courts shall not be obtained from the jurors so drawn for^ the several panels of the said courts, as herein provided,, or from said reserve, by reason of some of said jurors or- reserve being legally disabled or excused from attending,,, or not being found, or from other causes, the Sheriff, upon' being notified by any of said Judges what additional num- Additional- her of jurors is required for the court in which he presides, shall proceed to complete the said panel in which jurors are needed, by summoning in the stead of such jurors such number of persons as said Judge may direct, of the persons whose names are set down in the said jury book next after the regular panels, and after those persons who- have been summoned as the reserve hereinbefore provided for ; and he shall summon such persons, as near as he can reasonably do so, in the order in which they are set down in said book, and their names shall be called for empanel- ing in the order in which they appear in said book. I860, ch. 308. 1882, ch. 67. 1884, ch. 450. P. L. L., (1888) Art. 4„ Sec. 594. 610 , If at any trial of any cause in any of the several courts as aforesaid, tales de circumstantibus, shall be order- ed, it shall be the duty of the Sheriff to summon such Talesmen, talesmen, those who are entered in said book and are not upon the regular panels as aforesaid ; and such talesmen shall be summoned and called to be sworn or affirmed up- on the voir dire, or otherwise, in the order in which their names are set down in said jury book, unless the sheriff or his deputy in that behalf shall swear that he has made true and diligent search for such persons as do not appear,, and that they cannot be found, or unless being summoned such persons have failed to appear,, or unless the State’'s 368 MISCEI.LANEOUS EOCAE EAWS. ^^taiesm°en to Attomey OF his deputy, and counsel for the traverser, or appear. counsol foF the parties litigant, with the consent of the court, shall waive said order for summoning and swearing or affirming such talesmen ; but if said affidavit shall have been made by said Sheriff or his deputy, or if such persons shall fail to appear after having been summoned as afore- said, or the said waiver shall be made with the consent of the court, then such of the talesmen as have been proper- ly summoned and have appeared shall be called to be sworn in the order in which their said names are recorded in the jury book aforesaid ; or whenever in either of said courts it shall be necessary to summon talesmen, the Judges of the said courts, respectively, instead of, or in addition to, resorting to the foregoing provisions of this section for the summoning of talesmen, may order the Sheriff to summon as such talesmen, any of the jurymen Jurymen not i^ attendance upon either of the said courts, except said S^um^ Criminal Court of Baltimore, who may not then be engaged as a part of any special panel ; and if it should happen at any time in summoning talesmen for any of the said courts, the Sheriff shall exhaust the whole list of the names drawn Rule when from the said wheel, as provided in this sub-division of this Article, it shall be his duty immediately to make re- port thereof, verified by his affidavit or affirmation, to the Supreme Bench of Baltimore City, and thereupon the said Judges, or one of them, shall immediately cause the Sheriff, or his deputy to be designated by him, to appear before .such Judge, in some one of the courtrooms in said City, and cause such additional number of names as shall be designated by the Judge of the Court for which such tales- men are needed, to be drawn from the names selected by said Judges as aforesaid, and still remaining upon said list ■of qualified jurors, and from such further names, if any, :as the Judges of the Supreme Bench, or a majority of them, shall select and cause to be added to said list ; and the said drawing shall be made, and the names drawn shall be re- corded in the manner provided in sections 605 and 606; and the talesmen shall be summoned from such additional num- ber of persons so drawn in the manner hereinbefore directed. JURORS — REPUENISHING EIST OF. 369 P. L. L., (1860) Art. 4, Sec. 611. P. E. E., (1888) Art. 4, Sec. 595. 611 . Every petit juror sworn upon any special panel shall continue to serve thereon until discharged by the court, notwithstanding the expiration of his term of three weeks, aforesaid ; but no one summoned as a juror shall be excused from service except in open court, on good cause shown to the satisfaction of the court ; and if any juror summoned, and not excused, shall fail to attend the said court until duly discharged, he shall be fined, for the use of the said City, not less than twenty nor more than two hundred dollars, to be recovered by attachment, or such other appropriate process as the said court may direct. Mills V. State, 76 Md. 280. See, City Code (1879), pages 566-569. 1882, ch. 67. 1884, ch. 450. P. E. E., (1888) Art 4, Sec. 596. 612 . It shall be the duty of said Judges, or a majority successive of them, to assemble as hereinbefore in this sub-division of this Article provided, on the Thursday preceding the fourth Monday of each term, and thereafter so long as a jury may be required for any of said courts, from three weeks to three weeks during each term of each of the said courts which may require the attendance of a jury ; at such meetings the said Judges, or a majority of them, shall cause the names of those who have served on any of the regular panels of the aforesaid courts since the making of the list of qualified jurors as aforesaid to be stricken from said list ; and the persons whose names are so stricken from said list shall not be liable to serve again as jurors service of for two years, accounting from the beginning of the term for which their names were so entered on the list of qualified jurors ; the said Judges, or a majority of them, shall then add to said list of qualified jurors such qualified Replenishing persons as shall suffice to make up the number of seven hundred and fifty qualified persons, or thereabouts. From the said whole number the jurors to serve for three weeks from the ensuing Monday shall then be drawn for the said courts, and their names be recorded in the said jury books in the manner hereinbefore provided by this sub-division 370 MISCELLANEOUS LOCAL LAWS. of this Article, under the superintendence of one or more of said Judges. And if, at the time of any drawing, juries shall not be required for all of said courts, then it shall not be necessary to draw panels for the court not requiring them, but jurors shall be drawn for such courts only as may need them, in the manner hereinbefore provided in this Article relating to jurors, so far as concerns the courts requiring such juries ; and besides summoning said panels for the said courts, the Sheriff shall also summon at the same time such number of reserves as he may be required by the Judges, or a majority of them, as provided by section 608 ; and said reserves shall also be liable to service as in said section mentioned. I860, ch. 308. P. L. L., (1860) Art. 4, Sec. 613. P. L. L., (1888) Art. 4, Sec. 597. 613. If it should happen that the said lists of persons competent to act as jurors, other than the regular panels as aforesaid, should at any time be exhausted as talesmen, it shall also be competent for the Sheriff to summon as Talesmen from talosmon any of the regular panels in any of the other of said courts in Baltimore City who may be at the time of such summons not engaged as part of any special panel in any of the said courts ; but it is herein provided that whenever any part of the regular panel of any court, shall be by the Sheriff as aforesaid summoned to attend in another, as talesman, jurors of the regular panel of the court in which talesman are required, or so many of them as shall be needed, shall be by the said Sheriff notified to attend in the courts from which regular jurors have been withdrawn ; and the said jurors shall attend accord- ingly in the said courts until the regular jurors of said court are discharged from the court in which they shall be required to serve as talesmen as aforesaid. 1882, ch. 67. 1884, ch. 450. P. L. L., (1888) Art. 4, Sec. 598. 614 . Any person who shall fraudulently mark or des- ignate or open or leave open, or cause or knowingly permit JURORS — PENALTIES. 371 to be marked or designated, or to be opened or left open any ballot for jurors which shall be prepared for the purpose of being drawn under this sub-division of this Article, or who, by any fraudulent contrivance, device, or collusion whatever, shall prepare or arrange, or cause, or knowingly permit to be prepared or arrange any ballot aforesaid, so that the same or any thereof may be known or recognized in the drawing thereof, or may be drawn in preference to others, or for the purpose of their being so known or recognized, or being so drawn or omitted to be so drawn ; and any person who shall in any way fraudu- lently or collusively deal with the ballots aforesaid, or any of them, or with the drawing thereof, or with the prepar- ation or folding of said ballots, or with the wheel aforesaid, so that the fair operation and lawful and impartial execution of the provisions of this sub-division of this Article in relation to the selection of jurors in the City of Baltimore shall be knowingly prevented or interfered with, or with intent to interfere with or prevent the same, or to permit or allow the same to be interfered with or prevented, shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to be confined, in Penalty, the discretion of the Court, in the Penitentiary or Maryland House of Correction for a term of not less than one nor more than three years. I860, ch. 308. P. L. L., (1860) Art. 4, Sec. 615. P. L. E., (1888) Art. 4, Sec. 599. 615 . All special juries authorized by law to be sum- special jury, moned shall be summoned by the Sheriff of Baltimore City from those whose names may be inscribed in the jury book as then revised. I860, ch. 308. P. L. L., (I860) Art. 4, Sec. 616. P. L. L., (1888) Art. 4, Sec. 600. 616 . If any Sheriff of Baltimore City, or any deputy sheriff’s lia- thereof, shall wilfully violate the provisions of this sub- Suo°n. division of this Article relating to juries, the said Sheriff 372 MISCKlvIyANEOUS EOCAE EAWS. shall forfeit the sum of one thousand dollars, which shall be recovered by civil action in the name of the State against the Sheriff and the sureties on his bond in that behalf, and one-half of the penalty shall be paid to the informer. I860, ch. 308. P. E. E., (1860) Art. 4, Sec. 617. P. E. E., (1888) Art. 4, Sec. 601. Two^ju^ges of 617. Any two of the Judges of the Supreme Bench of Bench to con- Baltimore City may constitute a quorum at any meeting urn. held under the provisions of this sub-division of this Article, and may exercise all the powers reposed in the said Judges. I860, ch. 308. P. E. E., (I860) Art. 4, Sec. 618. P. E. E., (1888) Art. 4, Sec. 602. 618. In all criminal cases in which the person indicted Peremptory has or may have the right of peremptory challenge, the diaiiengeby Attomey shall have the right to challenge peremp- torily any number of jurors not exceeding five. P. G. E., (I860) Art. 50, Sec. 18. P. E. E., (1888) Art. 4, Sec. 603. Grand Jury to 619. The Grand Jury shall at each term of the court visit jail. l^he jail, and inquire into its condition, the manner in which it is kept and the treatment of the prisoners, and report the same to the court. 1867, ch. 269. P. E. E., (1888) Art. 4, Sec. 604. 620. All the provisions of this sub-division of this Article relating to the mode of drawing and summoning jurors shall be construed as directory merely, and no No advantage indictment or presentment for any felony or misdemeanor failure to ob- shall be quashed, nor shall any judgment upon any indict- Srpro?r^°' ment or presentment, whether after verdict, by confession sions. otherwise, be stayed or reversed, nor shall any challenge to the array of jurors be allowed because of any failure by the Judges, or the clerks, or the Sheriff, to comply with JURORS — PAY OF JURORS — EXEMPTIONS. 373 the provisions of law relating to the drawing of jurors in the City of Baltimore ; provided, nevertheless, that if any officer concerned in the drawing of said jurors shall wilfully neglect to perform any duty imposed upon him by law, he shall be liable to indictment in the Criminal Court Baltimore, and upon conviction shall be fined the sum of one thousand dollars. Pay of Jurors. 1880, ch, 441. P. E. L., (1888) Art. 4, Sec. 605. 621. Jurors in any of the courts of the City of Balti- more shall receive one dollar and a-half per day for each and every day they shall attend the several courts of this State in said City as jurors ; and it shall be the duty of the clerk of the court to which the jurors shall be summoned, to furnish on the day their services shall terminate, to each juror, a certificate, showing the days he has been in attendance on the court, and the amount payable to him for such service ; and the City Register shall pay the jurors the sums payable for such service in cash, and im- mediately upon the presentation and surrender of such certificate, with the receipt of the juror, and said payment shall not be demanded save upon the surrender of said certificates, certificates, and the said certificates shall not be the subject of assignment. Volunteer Militia Exempt from Petit Jury Duty. 1870, ch. 182. P. E. E., (1888) Art. 4, Sec. 606. 1906, ch. 61. 622. All certificates of membership of any legally organized volunteer company of the militia shall be signed by the commanding officer thereof, which certificates shall be issued on or before the first day of April in each year to such persons as may then compose the uniformed and active member of said company; every such company may receive and have as many honorary members as it has active and uniformed members, and no more, on payment, 374 MISCKI.LANEOUS EOCAE EAWS. in advance, by each person desiring to become such honor- ary member, of not less than ten dollars per annum; which said money shall be received by the commanding officer of the company, and be by him applied to the payment of When exempt, armory rent or the purchase of uniforms for the rank and file of the active members of his company, or to such pur- poses as may be authorized by the by-laws of said company; and the commanding officer of every company shall on or before the first day of June and December of every year render to the Adjutant General an account of the money so received and expended by him, and every such honorary member shall be entitled to receive a certificate of honor- ary membership of the company, to be signed as aforesaid, and bearing date at the time of its issue; which certificates of membership, whether of uniformed and active members or of honorary members, shall exempt the person therein named from petit jury duty for the period of one year from Proviso. the date of his said certificate; provided, he files his said certificate with the clerk of the court before the drawing of the jury. Albert, Sheriff, v. White, 33 Md., 297. JUSTICES OF THE PEACE AND CONSTABLES. 1886, ch. 66. 1888, ch. 98, Sec. 16. 1888, ch. 314. 1890, ch. 125. 1896, ch. 117. 1904, ch. 16. P. E. L., (1888) Art. 4, Sec. 607. 623 . The Governor, by and with the advice and consent appoint of the Senate, shall appoint twelve Justices of the Peace thl p?ace^ from each of the Legislative Districts of Baltimore City, to be selected as follows: One from each of the wards comprising each of said districts, and six Justices of the Peace at large from each of said districts, and shall further appoint twelve Justices of the Peace from Baltimore City at large, who shall be appointed from such ward or wards as the Governor may elect or determine. 1902, ch. 611. 1904, ch. 521. 623 A. In addition to the Justices of the Peace mentioned in section 623 of this Article, there shall be appointed by the Governor, by and with the advice and consent of the JUSTICES OF THE PEACE AND CONSTABLES. 375 Senate, and if the Senate shall not be in session, by the Governor, from the City of Baltimore at large, an additional Justice of the Peace to be known as the Magistrate for Juvenile Causes, who shall be a member of the bar of the Supreme Bench of Baltimore City, and shall receive from causes, the Mayor and City Council of Baltimore City a salary of twenty-five hundred dollars per annum, payable monthly, and the jurisdiction and powers of such Justice shall be as follows: (1) He shall possess the general powers of a Police Justice of the Peace, or Justice of the Peace selected to sit at a stationhouse in the City of Baltimore, as the same are now or may hereafter be d-efined by law. (2) He shall Exclusive have exclusive jurisdiction where jurisdiction is given by law to any Justice of the Peace in Baltimore City, in all cases of trial, commitment for trial, or commitment to any juvenile institution of any minor under the age of sixteen years; and such Magistrate shall sit at such times as may be necessary for the proper discharge of his duties, at such proper place in the Court House in Baltimore City, as may be provided by the Superintendent of Public Buildings. (3) He is empowered to appoint a suitable person to act as his clerk, who shall receive from the Mayor and City Council of Baltimore a salary of seven hundred and fifty dollars per annum, payable monthly, and shall attend at such time and places, and perform such duties as may be directed by said Justice, and shall be removable by him at his discretion. Whenever any minor is arrested he may be taken to such place other than a station-house as may be designated by said Justice and provided by the Superin- tendent of Public Buildings or the Mayor and City Council of Baltimore, but in the absence of such designation such minor may be held at a station-house as heretofore, until brought before the justice; and when such justice shall commit any minor for trial or for hearing, he may commit such minor to a suitable juvenile institution or other suita- ble prison instead of the Baltimore City Jail. The Board of Police Commissioners for the City of Baltimore shall designate two or more members of the Police force to at- policemen to tend said Justice and execute his powers and directions, courf.^^^ In the absence of such Justice the Governor may designate 376 MISCKIvIvANEOUS eocae eaws. any other Justice of the Peace for Baltimore City to act in his place. 1876, ch. 28. P. E. E., (1888) Art. 4, Sec. 608. 624. Each of said Justices of the Peace before entering upon the duties of his office shall give to the State of Bond of justic- Maryland a good and sufficient bond, with a surety or peaL^.^^ sureties to be approved by the Judge of the Superior Court of Baltimore City, in the penalty of five thousand dollars, with conditions that he will truly and faithfully discharge, execute and perform all and singular the duties and obligations of the office of Justice of the Peace, and that he will account for and pay over to the Clerk of the Court of Common Pleas and to the Register of the City of Baltimore, respectively, all fines, penalties and forfeitures, or the portion thereof which he is bound to account for and pay over to said respective officers, and that he will faithfully and truly account for and pay over to the person or corporation entitled to receive the same, all money belong- ing to such person or corporation which may come into his hands as Justice of the Peace.** Day and Gorsuch v. Day, 4 Md. 262. Hiss v. State, 24 Md. 556. Knell V. Briscoe, 49 Md. 414. *State v. Garrick, 70 Md. 586. P. E. E., (I860) Art. 4, Sec. 621. P. E. E-, (1888) Art. 4, Sec. 609. 625. The Justices of the Peace for said City shall keep Office hours, their places of official business open each and every day (Sunday excepted), from the hour of eight o^clock in the forenoon until one o^ clock in the afternoon, and from three o’clock in the afternoon until six o’clock in the afternoon, t **As to liability of Justices of the Peace for official acts, see, Roth v. Shupp, 94 Md. 57. tNoTE.— For notes on decisions relating to Justices of the Peace and powers conferred by sections 626 and 627, see, notes, pages 219 to 222 inclusive, Baltimore City Code (1879). JUSTICES OF THE PEACE AND CONSTABEES. 377 P. L. L., (1860) Art. 4, Sec, 622. P. h. E., (1888) Art. 4, Sec. 610. 1894, ch. 132. 626. No Justice of the Peace, in any case of debt or damages whatever, shall issue a summons, except on appli- ®Xbt and'“ cation for the same by the plaintiff or his attorney in ^lamages. person, or in writing accompanied with the cause of action in said case ; nor an execution, except upon the order, in person or in writing, of the plaintiff or his attorney ; and if any Justice of the Peace for said City shall issue a summons or execution contrary hereto, or if any constable shall serve the same knowingly, such Justice or constable penalty for im- shall be liable to indictment in the Criminal Court of Bal- timore, and on conviction shall be disqualified from holding his office. state V. Carrick, 70 Md. 589. 1868, ch. 375. P. E. E., (1888) Art. 4, Sec. 611. 1894, ch. 132. 627. Every writ of replevin or summons issued by said Justice shall be made returnable before the same or any where writs Justice of the Peace of the ward in which the defendant aSe’^^ may reside, and the defendant shall have his election to have his case tried before the Justice who issued the writ of replevin or summons, or before the Justice of the ward in which he resides. P. E. E., (1860) Art. 4, Sec. 624. P. E. E., (1888) Art. 4, Sec. 612. 628. The Justices of said City when called out of their offices on business not judicial, may receive such compen- jj^tra compen- sation for their services, in addition to their fees of office, as the party requiring their services may allow them. 1876, ch. 28. P. E. E., (1888) Art. 4. Sec. 613. 629. Each of the Justices of the Peace appointed for any legislative district shall keep his office within the i^ocation of limits of the legislative district for which he may have been appointed, except as provided in the succeeding section. 378 MISCELLANEOUS LOCAL LAWS. 1882, ch. 219. 1890, ch. 230. P. L L., (1888) Art. 4, Sec. 614. 1892, ch. 651. 1894, ch. 197. 1896, ch. 131. 1898, ch. 123, Sec. 630. 1898, ch. 429. 630 . It shall be the duty of the Governor, after the appointment of the Justices of the Peace provided for in Justices of the Section 623, to select from the Justices of the Peace so S^t^sifft^' appointed, a Justice of the Peace to sit at each station- hpus*e^VnThe house in the City of Baltimore, and, in addition, one Justice of the Peace to act at such times and places as is hereinafter provided for. Each Justice so selected shall keep his office at the station-house for which he was Hours of duty. appointed, and shall attend to such station-house from 8 o’clock A. M., until 10 o’clock A. M., on every day of the week, except Sunday, and from 3 o’clock P. M. until 5 o’clock P. M. on every day except Sunday, and on every Sunday in each year shall attend at the station-house for which he was appointed from 9 o’clock A. M. until 11 o’clock A. M. ; and at each of said respective sittings, hereinbefore provided for, shall perform all the duties which he is required by law to perform ; the attendance Additional at any station-house of the additional Justice of the Peace peac? shall be regulated and controlled by the Board of Police Commissioners for the City of Baltimore, or by the State’s Attorney for Baltimore City. The said respective Justices of. the Peace, as selected to sit at any station-house in the City of Baltimore, shall transact no other business at such station-house except the business required of them by the seven preceding sections to be by them respectively performed at each station house. Brish V. Carter, 98 Md. 452. 1892, ch. 651. P. L. L., (1888) Art. 4, Sec. 614A. Arrest out of 631 . When there is an arrest by an officer of the office hours. Department in the City of Baltimore of any person for violation of an ordinance of the Mayor and City Council of Baltimore or a statute of the General Assembly of the State of Maryland, punishable by fine and not by imprisonment, during the hours when the Police Magis- trates are not at their respective station houses, the police captain, lieutenant or other officer on duty and in charge JUSTICES OF THE PEACE AND CONSTABEES. 379 of such station is hereby authorized and empowered to release for the next hearing before the Police Magistrate any person so arrested upon a deposit of an amount equal app?a?iifS. to the fine or costs or penalty imposed if found guilty, as surety for such appearance, and after the hearing the deposit is to be returned to the depositor if the complaint is dismissed, if otherwise it is to be appropriated as desig- nated by law. Brish V. Carter, 98 Md, 452. 1882, ch. 615. 1894, ch. 281. P. E. L., (1888) Art. 4, Sec. 615. 1890, ch. 369. P. G. E., (1904) Art. 27, Secs. 67A & 68. 632 . It shall be the duty of each Justice of the Peace Duty and au- so selected to sit at any station house in the City of Balti- jistSs°of more to hear all charges made against any person because of the alleged commission by such person of any criminal offence ; it shall be the duty of said Justices to examine carefully into every such charge, to the end that while justice shall be done, no person shall be subjected to costs or imprisonment without sufficient cause ; each of the said Justices of the Peace shall have power to hear, try and determine the case of every person who may be arrested and brought before him in the said City of Baltimore, charged with being a tramp, who is or may be punishable as such under sections 425 and 426 of Article 27 of the Code of petty offenses. Public General Laws, title “Crimes and Punishments’’ ; and to hear, try and determine the cases of all persons arrested and brought before him charged with any offence specified in sections 67 A and 68 of the same Article, or in sections 881 to 884 of this Article, relating to “Vagrant, Dependent and Vicious Children” ; and to hear, try and determine the cases of all persons brought before him charged with assault or with assault and battery ; and to hear, try and determine all charges of carrying concealed weapons, and all prosecutions or criminal proceedings for an act done or omitted to be done in the City of Baltimore, the doing of which act or the omission to do which act, which is or may be punishable under any Act of Assembly of this State or under any ordinance of the Mayor and City 380 MISCEI.LANEOUS EOCAE EAWS. Commitment. Bail. Council of Baltimore, by pecuniary fine only not exceeding one hundred dollars ; but it shall be the duty of the said Justice, before proceeding to hear, try and determine any of the charges aforesaid, to inform the party or parties charged therewith of his or their respective right to a jury trial ; and if a jury trial be so prayed, or if the Statens Attorney for said City shall before trial for the alleged offence pray a jury trial on the part of the State, the Justice shall forthwith commit or hold the party to bail for trial in the Criminal Court of Baltimore and endorse on the commitment or recognizance the fact of a jury trial having been prayed ; it is, however, hereby expressly pro- vided that the said Justices shall not have power to try and determine any violation of the Code of Public General Laws of this State relating to licenses, except violations of the laws relating to hawkers and peddlers, which they shall have jurisdiction to try and determine, and shall not have power to try and determine any violations of the laws relating to Sabbath-breaking, but shall cause all such offenders against the said provisions of said Code of Public General Laws, except as aforesaid, to be committed or held to bail for trial in the Criminal Court of Baltimore.** *Eancaster v. State, 90 Md. 211. **NoTB. — Trials before Justices of the Peace. As to waiver of a jury trial before a Justice of the Peace and construc- tion of Acts 1890, ch. 369 .and 1894, ch. 281, see., State ex ret. Ean cas- ter V. Hall, Daily Record, June 28, 1899. As to discretion of a Justice of the Peace concerning punishment in cases of assault, see, State v. Hebron, Daily Record, September 3, 1903. A commitment by a Justice of the Peace imposing an excessive pen- alty where accused was committed to House of Correction was held void only as to excessive part of penalty; Adams v. Superintendent of House of Correction, Daily Record, April 3, 1903. The Act 1898, ch. 167 was held to be constitutional in re, Eoane v. Affelder, Daily Record, July 2, 1898. As to appeals from magistrates’ judgments and trial of same, see, Messick v. State, 82 Md. 583; Judefind v. State, 78 Md. 510. As to right of jury trial in appeals from magistrates’ decisions, see, Danner v. State, 89 Md. 220. As to jurisdiction of magistrates, see, Roth v. State, 89 Md. 524. JUSTICES OF THE PEACE AND CONSTABEES. 381 1882, ch. 219. P. E. L., (1888) Art. 4. Sec. 616. 633. In all criminal prosecutions or proceedings which, under the provisions of the preceding section, may be heard, tried and determined before a Justice of the Peace sitting at a station house in the City of Baltimore, it shall be the duty of such Justice of the Peace before whom such case is tried, in the event of the conviction of the accused at the said trial, to impose upon the said accused so con- Fines, victed, the fine, or the fine and punishment prescribed in case of such conviction by the Act of Assembly of this State, or by the ordinance of the Mayor and City Counci _ of Baltimore, for the violation of which the accused was so tried. Any person sentenced to the payment of any fine, when not paid, ■and to the payment of the costs of his prosecution, who shall not forthwith pay the said fine and the costs of said prosecution, shall be committed by such Justice of the Peace to the jail of Baltimore City until such fine and costs are paid, or until the said person shall be discharged from such jail by the due course of law. 1882, ch. 219. P. E. L., (1888) Art. 4, Sec. 617. 634. When a person charged with any offence referred to in this sub-division of this Article, or the Statens Attor- ney, shall pray a jury trial, the Justice of the Peace shall. Jury trial, in addition to his duties prescribed in section 632, endorse upon said commitment or recognizance the names and .residences of the witnesses for the prosecution ; and such commitment or recognizance so endorsed shall be returned forthwith to the Clerk of the said Criminal Court of Baltimore. 1876, ch. 28. P. E. E., (1888) Art. 4, Sec. 618. 635. The Justice of the Peace, so selected to sit at any station house, may be changed from time to time by the Governor, at his discretion, and any other Justice of the Peace may be selected by the Governor to perform the said Assignment of duties at said station house. justices. 382 MISCKI.I.ANEOUS EOCAE EAWS. Salary. Fees for grant- ing releases prohibited. Temporary ab- sence of J. P’s. Substitute J. P’s. 1876, ch. 28. P. E. E., (1888) Art. 4, Sec. 619. 636. Each Justice of the Peace selected to sit at a Station house in the City of Baltimore shall receive the sum of one hundred and seventy-five dollars per month, or a proportionable part thereof, so long as he shall continue to act at a station house in said City, under the selection of the Governor ; which sum of money shall be paid to him by the City Register at the end of each month of his said service, or a proportionable part thereof, at the end of any portion of a month at which the service of such Justice of the Peace at said station house may terminate, upon the certificate of the Board of Police Commissioners of Balti- more City, that such service has been rendered under the appointment of the Governor as aforesaid ; and no Justice of the Peace selected for a station house shall be permitted to charge any fee, or receive any gratuity for granting any release, or for the performance of any duty required by law. 1880, ch. 461. P. E. E., (1888) Art. 4, Sec. 620. 637. If any Justice of the Peace who has been selected as aforesaid to sit at any station house in the City of Balti- more is unable, by reason of sickness or other unavoidable cause, to attend to his duty at said station house, or fails to attend at said station house, at any time, when his presence is there required, it shall be the duty of the Board of Police Commissioners of Baltimore City to require another Justice of the Peace to perform the duties at said station house, of the said Justice of the Peace so sick or absent ; and it shall be the duty of the Justice of the Peace so required to perform said duties at said station house, to perform the same so long as may be necessary, or until the Governor shall select another Justice to perform said duties ; the Justice of the Peace so required to perform said duties at said station house, by the said Board of Police Commissioners, in place of the Justice selected by the Governor, shall receive six dollars per day for every day he shall actually serve at such station house ; which pay shall be deducted from the pay provided to be paid to JUSTICES OF THE PEACE AND CONSTABLES. 383 to the Justice selected to sit at such station house and fail- ing to attend ; provided, that said pay of the said Justice who may sit in the absence of the Justice so selected to sit at any station house, shall not be deducted from the pay of the said last-named Justice, if the said Board of Police Commissioners shall certify that such absence was by reason of his necessary attendance upon any court or Justice of the Peace of said State, under its process, nor when such absence shall not exceed fifteen days in the course of any one year, and when the said Board of Police Commissioners shall certify that such last-named absence, not exceeding fifteen days, as aforesaid was occasioned by sickness or other unavoidable cause. 1888, ch. 336. P. L. L., (1888) Art. 4. Sec. 621. 638 . The said station-house Justices are granted a leave Leave with pay. of absence, with pay, for fifteen days during each and every year; and the Board of Police Commissioners are authorized to designate one of the civil magistrates to act in their place during said absence, who shall be paid the same as the station-house Justices receive. 1876, ch. 28. P. L. L,, (1888) Art. 4, Sec. 622. 639 . No Justice of the Peace appointed under the pro- visions of section 623 shall be paid by the City of Baltimore any fee for issuing any State writ, or for any search war- ^^tion”JdSties rant, or for taking the recognizance of any witness, or for taking any recognizance in any case reported to court, or for any commitment or release, or for issuing any subpoena in any criminal case, or in any case instituted to recover any fine, penalty or forfeiture claimed by the State of Maryland, or by the Mayor and City Council of Baltimore; and no police officer or constable shall be paid by the Mayor and City Council of Baltimore any fee for the service of any subpoena or process in any criminal case, before any Justice of the Peace, or for service of any subpoena or pro- cess in any case pending before any Justice of the Peace, 384 MISCBI.I.ANKOUS I.OCAI. I.AWS. for the recovery of any fine, forfeiture or penalty by the State of Maryland or by the Mayor and City Council of Baltimore. 1876, ch. 28. P. I.. Iv., (1888) Art. 4, Sec. 623. 640 . It shall be the duty of the officers of police,, policemen and detectives appointed by the Board of Police Commissioners of Baltimore City, to serve and execute any warrants. and all writs, warrants, subpoenas and commitments, which may be issued by any Justice of the Peace selected to sit at the station houses in the City of Baltimore as herein- before provided. 1876, ch. 28. P. L. L., (1888) Art. 4, Sec. 624. 641 . Whenever any Justice of the Peace appointed under the provisions of this sub-division of this Article other than one of the Justices selected as aforesaid to sit at a station house as aforesaid, shall issue a State writ for arrest of any person, or shall issue any writ or sum- mons against any person or corporation to recover any fine, penalty, or forfeiture, under any law of this State, or under any ordinance of the Mayor and City Council of Baltimore, such writ or summons shall be made returnable before one of the Justices of the Peace selected by the Governor to sit at a station house in the City of Baltimore, and shall not be made returnable before the Justice of the Peace issuing the same, unless he be one of the Justices of the Peace selected to sit at a station house as aforesaid. 1876, ch. 28. P. L. h., (1888) Art. 4, Sec. 625. ^ Duty of officer 642 . Whenever any person shall be arrested upon any arrest when Criminal chargc, or for the violation of any law of this turnabie State, or of any ordinance of the Mayor and City Council house Justice, of Baltimore, it shall be the duty of the police officer or constable making such arrest, or in whose custody the said person so arrested may be, to take the person so arrested before the Justice of the Peace sitting at a station house, who may have issued the writ or warrant for such arrest,, JUSTICES OF THE PEACE AND CONSTABLES. 385 or before whom such writ or warrant of arrest is made arrest is returnable ; but if such arrest is made without writ or warrant, or if such writ or warrant is made returnable °orretum- before another Justice than a Justice of the Peace sitting hoLe at a station house, it shall be the duty of the said police officer or constable to take the person so arrested to the nearest station house ; and the Justice of the Peace sitting at said station house shall take jurisdiction in said case. 1876, ch. 28. P. L. L., (1888) Art. 4, Sec. 626. 643 . Every Justice of the Peace appointed under the provisions of this sub-division of this Article, shall file with the Clerk of the Court of Common Pleas, on the first dav ot April, July, October and January, in each and every {^Jofed un- year, an account verified by his oath or affirmation, of all ^enaws. fines, forfeitures and penalties imposed by him under the laws of this State, during the three preceding months ; which said account shall show the names of the respective defendants, the Acts of Assembly under which said fines, forfeitures and penalties were respectively imposed, and the amounts paid in each case by the said respective de- fendants ; and the said Justice of the Peace, at the time of filing said account shall pay over to the said clerk the amount of said fines, penalties and forfeitures so received, or the portion thereof to which the State of Maryland is entitled, to be accounted for by said clerk as other moneys of the State are accounted for by him. 1876, ch. 28. P. L. L., (1888) Art. 4, Sec. 627. 644 . Every Justice of the Peace appointed under the provisions of this sub-division of this Article shall file with Accounting- the City Register, on the first day of April, July, October and January in each and every year, an account verified by S?dinan?l^.'‘ his oath or affirmation, of all fines, forfeitures and penal- ties imposed by him under the ordinances of the Mayor and City Council of Baltimore during the three preceding , months ; which said accounts shall show the names of the ; respective defendants, the ordinances under which said 386 MISCKIvI^ANEOUS EOCAE LAWS. When no fines collected. Accounting and appli- cation of costs. Justices of the Peace not to take super- sedeas. fines, penalties or forfeitures were, respectively, imposed, and the amounts paid in each case by said respective de- fendants ; and the said Justice of the Peace at the time of filing said account shall pay over to the said Register the amount of said fines, penalties and forfeitures so received, or the portion thereof to which the Mayor and City Coun- cil of Baltimore is entitled to be accounted for by said Register as other moneys of the said City are accounted for by him. 1876, ch. 28. P. L. L., (1888) Art. 4, Sec. 628. 645 . If any Justice of the Peace shall not have imposed or received any such fines, forfeitures or penalties, or any portion thereof, as are mentioned and described in the said two preceding sections, in the said three months preceding the time hereinbefore prescribed for filing said accounts, he shall file an affidavit or affirmation to that effect at the time prescribed for filing said accounts. 1876, ch. 28. P. L. L., (1888) Art. 4, Sec. 629. 646 . All Costs paid to any Justice of the Peace sitting at any station house shall be accounted for and paid by said Justice to the Board of Police Commissioners of Balti- more City, to be by them applied as directed by section 750 of this sub-division of this Article. P. G. Iv., (1860) Art. 18, Sec. 25. P. L. h., (1888) Art. 4. Sec. 630. 647 . It shall not be lawful for the Justice of the Peace of the City of Baltimore to take supersedeas of any judg- ment recovered in the Court of Common Pleas, the Superior Court of Baltimore City, or Baltimore City Court, or any decree of the Circuit Court or Circuit Court Number Two of Baltimore City, but such supersedseas shall be taken by the clerks of said courts respectively. LANDLORD AND TENANT. 387 1864, ch. 179. 1870, cli. 39. P. L. L., (1888) Art. 4, Sec. 31. 648. If a Justice of the Peace in Baltimore City dies, resigns or is removed, his docket and papers shall be de- ^ nation or livered to the Clerk of the City Court within thirty days thereafter. 1876, ch. 28. P. L. L., (1888) Art. 4. Sec. 633. 649. If any Justice of the Peace or constable appointed under the provisions of this sub-division of this Article be convicted in a court of law, of any misdemeanor in office. Misdemeanors his removal from said office shall be part of the sentence or judgment pronounced upon him by the said Court. No constable shall deputize any person to act in the service of any writ whatever for or in his behalf. LANDLORD AND TENANT. 1888, ch. 487. 1890, ch. 327. P. L. L., (1888) Art. 4, Sec. 634. 650. In all cases of any demise or agreement for rental, express or implied, verbal or written, hereafter to be made of lands or tenements, whether real estate or chattels real, within the limits of the City of Baltimore, for less term Distress denied than three calendar months, the remedy of distress for rent than three due be and the same is hereby taken away and altogether superseded. 1888, ch. 487. 1890, ch. 327. P. L. L., (1888) Art. 4, Sec. 635. 651. Whenever the tenant under any such demise or agreement of rental, express or implied, verbal or writ- ten, of lands or tenements, whether real estate or chattels real within the limits of the City of Baltimore, shall fail to pay the rent thereunder when due and payable, it shall be lawful for the lessor to have again and re-possess the premises so rented. 1888, ch. 487. 1890, ch. 327. P. L. E., (1888) Art. 4, Sec. 636. 652. Whenever any lessor shall desire to have again and Proceedings re-possess any premises to which he is entitled under the seL^on.°^’ 388 MISCKI.I.ANEOUS EOCAE EAWS. Adjournment. provisions of the preceding section, he, or his duly qualified agent or attorney, shall make his written complaint under oath or affirmation, before any Justice of the Peace of the City of Baltimore, and describing therein in general terms the property sought to be had again and re-possessed as aforesaid, and also setting forth the name of the tenant to whom the same is rented, or his assignee or under tenant or tenants, with the amount of rent thereon due and un- paid; and praying by warrant to have again and re-possess the premises, together with judgment for the amount of rent due and costs; and it shall thereupon be the duty of said Justice of the Peace forthwith to issue his summons, directed to any constable of the City of Baltimore, and ordering him to notify said tenant, assignee or under ten- ant forthwith to appear before the said Justice of the Peace, at the trial to be held on the second day after the filing said complaint, to show cause why the prayer of said lessor should not be granted as aforesaid, and the said constable shall forthwith proceed to serve said summons upon said tenant, assignee or under tenant in said premises, or upon his or their known or authorized agent, but if for any reason, neither said tenant, assignee or under tenant, nor his or their agent can be found, then said constable shall affix an attested copy of said summons conspicuously upon said premises, and such affixing of said summons shall, for the purposes of this sub-division of this Article, be deemed and construed a sufficient service upon all per- sons whomsoever. 1888, ch. 487. 1890, ch. 327. P. E. E., (1888) Art. 4, Sec. 637. 653. If at the trial on the second day aforesaid, the Justice of the Peace shall be satisfied the interest of justice will be better served by an adjournment to enable either party to procure his necessary witnesses, he may adjourn the trial for a period not exceeding one day, except by consent of all parties, and if at said trial or due adjourn- ment thereof as aforesaid, it shall appear to the satisfaction of the Justice of the Peace before whom said complaint has been made and tried as aforesaid, that the rent or any part LANDLORD AND TENANT. 389 of the rent for said premises is actually due and unpaid, then the said Justice of the Peace shall give judgment in favor of said lessor for the amount of rent found due, with costs of suit, and shall order that said tenant and all per- sons claiming or holding by or under said tenant shall yield and render up possession of said premises unto said lessor, or unto his duly qualified agent or attorney within two days thereafter; provided, however, that if the said tenant, or some one for him, shall at said trial or due adjournment thereof as aforesaid, tender the rent found to be due and unpaid, together with the costs of said suit, the said com- plaint shall be entered satisfied and no further proceedings shall be had thereunder. 1888, ch. 487. 1890, ch. 327. P. L. E., (1888) Art. 4, Sec. 638. 654. In case judgment shall be given in favor of said lessor in the manner aforesaid, and the tenant shall fail to comply with the requirements of the said order within two days aforesaid, the said Justice of the Peace shall, on or at any time after the expiration of said two days, issue his warrant, directed to any constable of the City of Baltimore, that the lessor may elect, ordering him to cause said lessor Dispossession, to have again and re-possess said premises by putting him (or his duly qualified agent or attorney for his benefit) in possession thereof, and for that purpose to remove from said premises, by force if necessary, all the furniture, im- plements, tools, goods, effects or other chattels of every description whatsoever belonging to said tenant, or to any person claiming or holding by or under said tenant. 1888, ch. 487. 1890, ch. 327. P. L. L., (1888) Art. 4, Sec. 639. 655. The tenant may appeal from the judgment of the Appeal. • Justice of the Peace to the Baltimore City Court, at any time within two days from the rendition of such judgment; the tenant in order to stay any execution of the judgment, shall give a bond to the landlord with one or more securi- ties, who are owners of sufficient leasehold or real estate in Baltimore City, with condition to prosecute the appeal 390 MISSCKivIvANKOUS LOCAI. I.AWS. Appeal bond, effect, and answer to the landlord, his executors, administrators, in all costs and damages mentioned in the judgment, and such other damages as shall be incurred and sustained by reason of said appeal ; the aforesaid bond shall not affect in any manner the right of the lessor to proceed against said tenant, assignee or under tenant for any and all rents that may become due and payable to the lessor after the rendition of said judgment.** 1888, ch. 487. 1890, ch. 327. P. L. h., ri888) Art. 4, Sec. 640. ^Sfa?ges. The fee and charges of the Justice of the Peace and constables under this Article shall be the following and no other : “First costs, to the Justice of the Peace for preparing the written complaint and taking the affidavit of the plaintiff thereto, twenty-five cents, and for issuing the summons to the tenant and preparing attested copy, twenty-five cents; “second costs,'' for every judg- ment rendered where there is no trial, twenty-five cents ; for every judgment rendered on trial, fifty cents, and ten cents additional for every witness sworn or examined ; “third costs," for preparing and taking the bond of tenant in case of appeal, twenty-five cents ; for the warrant for re-entry (in case it be issued), twenty-five cents; “first costs, ' ' to the constable for serving the summons, forty cents; “second costs," for executing the warrant for re- entry, one dollar ; and any Justice of the Peace or consta- penaity for ex- ^lo who shall charge or receive more than the actual fees cessive costs, prescribed for each specific act performed as the case pro- ceeds, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be subject to and pay a fine or penalty of not less than one hundred dollars or more than three hundred dollars for each offence, one-half thereof **Note. — Appeals from Judg^nents of Justices of the Peace. From a judgment rendered under the Act 1888, ch. 487, an appeal will lie to the Baltimore City Court. Stewart v. Duvall, Daily Record, March 7, 1889. Note. — In connection with section 655, see., Knell v. Briscoe, 49 Md. 420. IvARCENY. 391 for the use of the State, and the other half thereof to the person that shall first prefer the charge against such offender. LARCENY. 1900, ch. 739. §656a. No person in the City of Baltimore shall ^purchlU° chase from a child or minor under the age of sixteen years from a child . under certait any hardware, plumbing, gas or electric fixtures, tools, household utensils, books, ornaments, jewelry, poultry, or animals of any kind, unless the said child or minor under the age of sixteen years is accompanied by his or her parent or guardian, or by some adult person known to the purchaser, who shall certify that the said child or minor under the age of sixteen years has come by the goods honestly, and has a right to sell the same. 1900, ch. 739. §656b. Any person offending against the preceding sections, and any person falsely certifying that he knows the child or minor under the age of sixteen years has obtained the goods honestly, and has a right to sell the same, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not more than two hundred Penalty for . . . violation. dollars, or committed to jail for not more than six months, or fined and imprisoned as aforesaid. 1900, ch. 739. §656c. Nothing in this Act shall in any way affect Not to affect Section 371, Article 27, of the Maryland Code of Public General Laws, entitled “Receiving Stolen Goods, Money or Securities.'’ LEGISLATIVE DISTRICTS. Wards. 1898, ch. 10. §656d. It shall be the duty of the Board of Supervisors of Elections of Baltimore City to proceed forthwith to 392 MISCELI.ANKOUS EOCAE EAWS. Divided into twenty-four wards. Wards to be described and num- bered. divide and lay off the City of Baltimore into twenty-four wards, to be each as regular and compact in form as may be practicable, and having according to the police census taken in December, 1897, as nearly as may reasonably be practicable, equal population, and in such manner that no ward shall exceed or fall short by more than fifteen per cent, of the number of inhabitants it would contain if it was so laid off as to include within its boundaries precisely one- twenty-fourth of the aggregate population of the city, and the said Board of Supervisors shall number the said wards from one to twenty-four consecutively. 1898, ch. 10. §656e. When the said twenty-four wards are so laid out by the said Board of Supervisors of Elections of the City of Baltimore, as hereinbefore directed, it shall be the duty of the said Board to make or cause to be made in a proper book, a careful description of the boundaries of each of the said wards, so numbered as aforesaid, under its proper number, and after making a careful and exact copy of the same in another proper book, and after verifying the said original book and the said copy by their signatures, to deposit the original book in the clerk’s office of the Superior Court of Baltimore City, and it shall be the duty of the said clerk of the said court, to record the same among the Land Records of his office, and a copy of the description or descriptions contained in the said record of the boundaries of any one or more wards therein mentioned and described, shall be evidence of the boundaries of such ward or wards so laid out as aforesaid, and the copy of said original book so made and so verified, as aforesaid, by the said Board of Supervisors of Elections of Baltimore City shall always be retained in the office of the said board among the records of the said board. 1898, ch. 10. §656f. When said book containing the said descriptions of the said wards of the City of Baltimore so laid out as aforesaid, has been deposited for record in the clerk’s legislative districts — WARDS. 393 office of the Superior Court of Baltimore City, then the said wards, as in said book described, and laid, shall there- after be deemed to be the several wards of Baltimore City. 1898, ch. 10. §656g. It shall be the duty of the said Board of Super- visors of Election to complete the said work of dividing the said City of Baltimore into wards, as provided by this Act, and of preparing the books showing such division as afore- said and of depositing for record the book showing such division as hereinbefore directed within thirty days after the passage of this Act. 1898, ch. 10. §656h. The said Board of Supervisors of Elections shall, after the said wards shall be laid off as aforesaid, proceed to divide each of said wards into a suitable number of election precincts, in the manner prescribed in section 124 of Article 33 of the Code of Public General Laws, as the same was amended and re-enacted by the Act of 1896, chapter 202, and by the Act of 1904, ch. 254, provided, however, that the said Board of Supervisors of Elections shall not be required to have published more than one insertion of the advertisement of such precinct, or of the boundaries of such precinct, required by said section 124 of said Article 33 to be made. 1898, ch. 10. §656i. The said Board of Supervisors of Elections in the City of Baltimore shall cause maps to be made of the said new wards and precincts in the manner required by section 126 of Article 33 of the Code of Public General Laws, as amended and re-enacted by the Act of 1896, chapter 202. 1898, ch. 123, Sec. 657. 1901, ch. 8. 657. The twenty-four wards, into which the City of Baltimore is now divided, shall be numbered as follows ; The present first ward shall in future be known and numbered when descrip- tions of wards are recorded, to become wards of City. To be made within thirty days. Wards to be divided into election pre- cincts. Maps to be made. 394 miscellaneous local laws. Renumbering of wards. Wards em- braced in Legislative Districts. twenty-second ward ; the present second ward shall in future be known and numbered fourth ward ; the present third ward shall in future be known and numbered fifth ward ; the present fourth ward shall in future be known and numbered third ward ; the present fifth ward shall in future be known and numbered second ward ; the present sixth ward shall in future be known and numbered first ward ; the present seventh ward shall in future be known and numbered sixth ward ; the present eighth ward shall in future be known and numbered seventh ward ; the present ninth ward shall in future be known and numbered eighth ward ; the present tenth ward shall in future be known and numbered tenth ward ; the present eleventh ward shall in future be known and numbered ninth ward ; the present twelfth ward shall in future be known and numbered twelfth ward ; the present thirteenth ward shall in future be known and numbered eleventh ward ; the present fourteenth ward shall in future be known and numbered seventeenth ward ; the present fifteenth ward shall in future be known and numbered fourteenth ward ; the present sixteenth ward shall in future be known and numbered thirteenth ward ; the present seventeenth ward shall in future be known and numbered fifteenth ward ; the present eighteenth ward shall in future be known and numbered sixteenth ward ; the present nineteenth ward shall in future be known and numbered twentieth ward ; the present twentieth ward shall in future be known and numbered nineteenth ward ; the present twenty-first ward shall in future be known and numbered eighteenth ward ; the present twenty-second ward shall in future be known and numbered twenty-first ward ; the present twenty-third ward shall in future be known and numbered twenty-third ward ; and the present twenty-fourth ward shall in future be known and numbered twenty-fourth. Boundaries of Legislative Districts, 1894, ch. 435. 1901, ch. 8. 1902, ch. 602. 65 7 A. The first legislative district of Baltimore City shall be and consist of the wards as newly numberd by the COUNCILMANIC DISTRICTS. 395 Act of 1901, chapter 8, from one to six, both inclusive, as said wards were laid out under the provisions of the Act of 1898, chapter 10, approved February 19, 1898;* and the second legislative district of Baltimore City shall be and consist of the following wards; as newly numbered by the Act of 1901, chapter 8, namely; seventh, eight, ninth, twelfth, thirteenth and fifteenth, as said wards were laid out under the provisions of the Act of 1898, aforesaid; and the third legislative district of Baltimore City shall be and consist of the following wards as newly numbered by the Act of 1901, chapter 8, namely; tenth, eleventh, fourteenth, sixteenth, nineteenth and twentieth, as said wards were laid out under the provisions of the Act of 1898 aforesaid, and the fourth legislative district of Baltimore City shall be and consist of the following wards as newly numbered by the Act of 1901, chapter 8, namely; seventeenth, eighteenth, twenty-first, twenty-second, twenty-third and twenty- fourth, as said wards were laid out under the pro- visions of the Act of 1898 aforesaid. Councilmanic Districts. 1901, ch. 8. 65 7B. The First Councilmanic District shall be and consist of the wards as newly numbered by this Act from one to six, both inclusive, as said wards were laid out under Rearrange- the provisions of the Act of 1898 aforesaid; that the second Councilman- Councilmanic District shall be and consist of the following Baltimore, wards, as newly numbered by this Act, namely: Seventh, eight, ninth, twelfth, thirteenth and fifteenth, as said wards were laid out under the provisions of the Act of 1898, aforesaid; that the third Councilmanic District shall be and consist of the following wards, as newly numbered by this Act, namely: Tenth, eleventh, fourteenth, sixteenth, nineteenth and twentieth, as said wards were laid out under the provisions of the Act of 1898, aforesaid; that the fourth Councilmanic District shall be and consist of the *Note. — Codified as sections §656d to §656i of this Article, ante. 396 MISCBIvIvANKOUS bocab baws. Cost of License. Penalty for un- licensed tables. City may tax also. License to be obtained. following wards, as newly numbered by this Act: Seven- teenth, eighteenth, twenty-first, twenty-second, twenty- third and twenty-fourth, as said wards were laid out under the provisions of the Act of 1898, aforesaid. LICENSES. Billiards, 1870, ch. 250. P. G. B., (1888) Art. 56, Sec. 8. P. B. B., (1888) Art. 4, Sec. 641. 668. A license may be granted to any person who may apply for permission to keep a billiard table, for which license there shall be paid the sum of fifty dollars, and for every additional billiard table kept by the same person, he shall pay a license of twenty-five dollars: Provided, that all said additional tables shall be kept in the same apart- ment; and provided, that this section shall not apply to any billiard table kept for private use. Germania v. State, 7. Md. 1. 1865, ch. 56. P. G .B., (1888) Art. 56, Sec. 9. P. B. B., (1888) Art. 4, Sec. 642. 659. Any person keeping or exhibiting for use a billiard table, without first obtaining a license therefor, shall for each and every table so kept or exhibited, forfeit and pay the sum of five hundred dollars, one-half to the informer and the other half to the State. P. G. B., (I860) Art. 56, Sec. 8. P. G. B., (1888) Art. 56, Sec. 10. P. B. B., (1888) Art. 4, Sec. 643. 660. Nothing contained in the two preceding sections shall impair the right of the Mayor and City Council of Baltimore to impose a further tax on billiard tables. Horse Dealers. 1884, ch. 446. P. B. B., (1888) Art. 4, Sec. 647. 661. It shall not be lawful for any person, co-partnership, firm, corporation, joint stock company, brokers, commission LICENSES — HORSE DEALERS. 397 merchants, agents, factors or other association of persons, to engage in or carry on the business, trade, occupation or calling of bartering, buying, selling, exchanging or dealing in horses, mares, geldings, jackasses, jennies or mules, either as an individual, co-partnership, firm, corporation, joint stock company, commission merchant, agent, factor, broker or other association for said purpose, without first obtaining from the Clerk of the Court of Common Pleas of Baltimore City a license for carrying on said business, for which every such person, if he desires to carry on said business individually, or if a firm or association, composed of not more than two persons, or corporation, shall pay the ^ Lk;?Le. sum of fifty dollars, provided, that all the names and places of business of said persons so applying shall be inserted in said license; and if more than two individuals constitute and compose any such firm, co-partnership, joint stock company or association, then an additional sum of twenty- five dollars shall be paid for each and every other individual than the said two constituting such firm, co-partnership, joint stock company or association, of individuals; and provided, further, that the said business shall not be carried on in any of the streets, lanes and alleys of the City of Baltimore. 1884, ch. 446. P. L. E., (1888) Art. 4, Sec. 648. 662. Any person, and the individual members of any co-partnership or firm, the stockholders of any joint stock company or corporation, and any commission merchant, agent, factor, broker, or the individuals of any other asso- ciation of persons so engaged in or carrying on the business, trade, occupation or calling of bartering, buying, selling, exchanging or dealing in horses, mares, geldings, jackasses, jennies, or mules, who or which shall violate any of the provisions of the preceding section, shall be liable to Penalty, indictment therefor, and upon conviction thereof shall be fined one hundred dollars for each and every offense, one- half thereof for the use of the State and the other half thereof to the informer; provided, however, that nothing contained in this or the preceding section shall be construed MISCEIXANEOUS EOCAE EAWS. to prevent breeders and owners of horses, mares, geldings, jackasses, jennies or mules, and owners residing in the counties of this State and doing business elsewhere than in the City of Baltimore, and all owners who do not follow the business, trade, occupation or calling of buying, vend- ing, bartering, exchanging or dealing in horses, mares, geldings, jackasses, jennies or mules, from offering the same for sale, barter or exchange, or making sale of, bar- tering or exchanging such horses, mares, geldings, jack- asses, jennies or mules, as they shall bring to the City of Baltimore, without a license ; and nothing contained in this or the preceding section shall be held to apply to reg- ularly licensed auctioneers in the City of Baltimore. 1884, ch. 446. P. L. E-, (1888) Art. 4. Sec. 649. 663. Any person or body corporate, owning or renting from the owner or his agent, any building or enclosure within the corporation limits of Baltimore City, and using the same in buying, selling, trading, exchanging, barter- ing or dealing in horses, geldings, mares or mules, or using the same in exhibiting or exposing for sale, trade, exchange or barter, horses, geldings, mares or mules, shall be deemed to be engaged in the business, trade, occupation and calling of buying, selling, trading, exchanging, barter- ing and dealing in horses, geldings, mares and mules, under the two preceding sections, and be held liable for a violation of any of its provisions. INSTALLATION OF ELECTRICAL APPARATUS AND WIRING.** 1906, ch. 244, Sec. 1. §663a. The Governor shall, within thirty (30) days after the passage of this Act, appoint a Board which shall **NoTE. — Sections §663a to §663q, inclusive, of this codification, em- body verbatim, respectively, sections 1 to 17, inclusive, of the Act 1906, ch. 244. The Act takes effect from the date of its passage and repeals inconsistent Acts. The caption assigned to the Act is intended to facili- tate reference thereto. LICENSES — INSTALLATION OF ELECTRICAL APPARATUS. 399 be known as the Board of Examiners and Supervisors, ^amfners^an’d consisting of five (5) persons, for the purpose of examin- supervisors, ing into the qualifications and capabilities of all persons who are engaged or desire to engage in the business of purposes of Master Electricians as defined in Section 5 of this Act. The Board so appointed shall be competent Practical Elec- tricians of Baltimore City and shall be selected as follows; Two (2) from nominations made by the Electrical Con- tractors Association of Maryland, one (1) from nominations made by the Chief of the Municipal Electrical Inspectors of Baltimore City, One (1) from nominations made by the Association of Fire Underwriters of Baltimore City, and one (1) person residing in Baltimore City, who dominations shall be a practical journeyman electrician who has served sKn^BoIr’d at the business for a period of not less than ten years and a majority of said Board shall constitute a quorum to transact the business thereof, the term of office of the members of the first number so appointed shall be as fol- lows, the nominee from the Underwriters Association, one (1) nominee from the Electrical Contractors^ Association, two (2) years. The nominee from the Municipal Inspector, ^o’fmembS'® one (1) nominee from the Electrical Contractors' Associa- i^o^rd. tion, and the person at large two (2) years unless removed for cause. Should any vacancy occur from any cause dur- ing the term of any Board as herein provided, the Governor shall appoint some one from nominations made as above provided to fill such vacancy. The Governor shall have vacancies in full power to remove any member of the Board for incom- fn potency or improper conduct upon satisfactory evidence being presented to him of such conditions. 1906, ch. 244, Sec. 2. §663b. The members of said Board shall respect- Members of ively take and subscribe the oath required of the State take oath of Officers. They shall have power to elect out of their num- ber, a President, Secretary and Treasurer, to adopt such rules and by-laws for the transaction of business of the ^S^t^Bo^rd Board as they may deem expedient. ado'Sfruiei 400 MISCBI.I.ANKOUS LOCAL LAWS 1906, ch. 244, Sec. 3. compe^aLon §663c. Each member of said Board shall receive of Board, a Compensation of five dollars ($5.00) per day for actual service in attending meetings of the Board which compen- sation shall be paid out of any moneys in the hands of the Treasurer of said Board provided that the Secretary of said ^comp?nL- Board may receive such additional compensation as the re^tary^ Board may deem just and reasonable and for which theby- Board. laws of the said Board may provide, provided, however; that the compensation and expenses of said Board shall in Proviso. no e^ent, be paid out of the funds in the State Treasury, or become a charge against the State. 1906, ch. 244, Sec. 4. Meetings of §663d. Said Board shall meet at least once in each month Board. Baltimore City and shall hold special meetings as fre- ^ quently as the proper and efficient discharge of its business Board to adopt shall require, and said Board shall adopt such rules and aminition'^of regulations for the examinations of Master Electricians as herein defined and for the placing, installing and opera- ting electrical wires, appliances, apparatus or construction in, upon and about buildings in the said City of Baltimore "^wfrlng^speci and when so adopted such rules and regulations shall have fications. same force and effect as if herein contained and the rules of said Board shall also provide for the giving of To give notice timely notice of such meetings to all those who shall have mee^fngs to made application for a license as herein provided, and said for^iicense^. Board shall give in writing to the Chief of the Municipal Electrical Inspectors of Baltimore City a detailed statement statement of of all the licenses issued, renewed or revoked at any iSueS^ meeting of said Board. 1906, ch. 244, Sec. 5. “Master Elec- §663e. The term Mastor Eloctrician as usod in this Act fiS"" ’ shall be defined as and including any and all persons, firms and corporations engaged in business of, or holding them- selves out to the public as engaged in the business of installing, erecting or repairing, or contracting to install. LICENSES — INSTALLATION OF ELECTRICAL APPARATUS. 401 erect or repair electric wires or conductors, to be used for the transmission of electric current for electric light, heat or power purposes, or mouldings, ducts, raceways or conduits for the reception or protection of such wires or conductors or to any electrical machinery, apparatus, devices or fixtures to be used for electric light heat or power purposes. A license of “Master Electrician” issued License, and in accordance with the provisions of this Act, shall entitle any such person, firm or corporation so licensed to engage in the business of and to hold himself or itself out to the public as engaged in the business of installing, erecting and repairing and of contracting to install, erect and repair any electric wires or conductors, etc. 1906, ch. 244, Sec. 6. §663f. Before any person firm or corporation shall hereafter engage in the business of a Master Electrician in Baltimore City, as defined in this Act, and before any license, person, firm or corporation now engaged in said business or any class thereof, shall continue in said business of Master Electrician such person, firm or corporation shall apply to said Board for a license, as herein required, where- upon the applicant shall present himself before the said Board at a time and place fixed by said Board. If the Board shall find upon due examination that the applicant presenting himself has a reasonable knowledge of electricity and the natural laws and functions of electric wires, appliances and devices for electric light, heat and power purposes, and is possessed of skill and of knowledge in all matters appertaining to the business of Master Electrician, as defined in Section 5 of this Act, then the said Board, upon payment of the fee and upon executing the bond herein provided for, shall issue to the said person firm or corporation a license as Master Electrician to practice said conditions and business for a term of one year ; and shall register such hcSJsI person, firm or corporation as duly licensed Master Elec- trician, provided however no person firm or corporation who shall have been engaged in the electrical contracting business in the City of Baltimore for a period of three (3) 402 MISCELLANEOUS LOCAL LAWS. To whom license not necessary. To whom license shall not issue. Appeal from decision of Board. Arbitration of appeals. License fee. Bond of appli- cant. years prior to the passage of this Act, shall be required to take the examination as provided in this section, before the issuance of such license and provided that no license shall be granted to any person under the age of twenty-one (21) years, nor shall any license be granted to any person who has not taken and subscribed an oath that he, or in case of a corporation the one managing the electrical work thereof and in case of a firm, the one managing the electri- cal work, has had at least three (3) years actual experience as a Master Electrician within the meaning of section 5* of this Act, or as journeyman electrician in such class or classes of electrical business or work, as in the opinion of the Board, shall have properly fitted the applicant for a license as a Master Electrician. Any person whose appli- cation for a license shall have been rejected by said Board, shall have the right to appeal to a Board of Arbitration, which shall consist of one person selected by the person making the appeal, one person selected by the Board herein created, and these two to select a third person, and the decision of said Board of Arbitration or a majority of them shall be final and binding upon all the parties to said appeal ; the members of said Board shall be paid the sum of five dollars ($5.00) each, which sum shall be deposited with the Board herein created by the person taking said appeal and if the said Board of Arbitration shall affirm the decision of the Board herein created, the money so deposited shall be used to pay said Board, if however such decision be reversed, the said Board of Arbitration shall be paid out of the funds in the hands of the Board herein created, and said deposit of fifteen dollars ($15.00) shall be returned. Provided further, that each applicant shall pay to the Treasurer of said Board of Electrical Examiners, the sum of twenty-five dollars ($25.00) for such license and provided further, that every person, firm or corporation before receiving a license shall make, execute and deliver to said Board a good and sufficient bond to be approved by said Board, in the name of the State of Maryland, in the penal sum of one thousand dollars ($1000.00) the bond to be conditioned upon the faithful performance of any and all ‘Codified as Section §663e of this Article. LICENSES — INSTALLATION OF ELECTRICAL APPARATUS. 403 work entered upon or contracted for by said Master Elec- trician and to save harmless, the owner, or real party in interest in the property for which any such material is fur- nished, or services performed against loss, damage and injury which shall arise through want of skill or through the failure to use suitable or proper material in the per- formance af any work contracted for or undertaken by said Master Electrician, or his or its agents or employees, and an action may be maintained thereon in the name of such owner or real party in interest only, if commenced within one (1) year from and after the date of the installation of the materials furnished or performance of such work or service. 1906, ch. 244, Sec. 7. §663 g. Each and every license issued under the pro- visions of this Act shall be evidence in any Court of the City named herein of the business for which the license is issued for a period not to exceed one (1) year from the period of date thereof, all licenses and renewals of same shall expire on the first day of May in each year. 1906, ch. 244, Sec. 8. §663h. No person, firm or corporation granted a license no work to be under the provisions of this Act shall install or repair Electrical wires, conductors or apparatus for electric light, heat, or power purposes after the expiration of said licenses or after said license shall have been revoked as herein pro- vided, unless the said license or renewal of same shall have been renewed as herein provided. Provided that any person, firm or corporation so granted a license under the pro- visions of this Act, (unless the said license shall have been revoked as hereinafter provided) shall be granted a renewal of said license without examination of ucense to be the applicant, provided application is made to the said withJJJTfre- Board by the holder of such license within the three months preceding the expiration of such license upon pay- ment of a fee of Ten dollars ($10.00) and the said renewal Renewal fee. of said license shall be for a period of one (1) year and any such renewal of such license shall have the same weight as 404 MISCEI.I.ANEOUS LOCAE LAWS. evidence in any Court of this State as hereinbefore pro- vided for said original license. Provided also, that one year renewals shall be granted in like manner upon expiration of any renewal of license upon making like application and paying like fee, within three months preceding the expiration of said renewal. 1906, ch. 244, Sec. 9. Board may §6631. Said Board shall have full power to revoke for cense for proper cause any license or renewal of same after a full hearing of all parties in interest. 1906, ch. 244, Sec. 10. Vitiation of §663j. Each license and renewal of same shall be in vaiidaW'"' force and effect only so long as an approved bond filed license. With the Said Board in accordance with the provisions of this Act shall remain in full force and effect, and every such license or renewal of same shall become utterly void and of no effect, should any such bond for any reason whatsoever become inoperative or ineffective regardless of the regular date of expiration of said certificate, license or renewal. 1906, ch. 244, Sec. 11. License to^e §663k. Any and all persons granted a license or conspicuous renewal of same shall display the same in a conspicuous place in the office or place of business of such licensee. 1906, ch. 244, Sec. 12. Supervision §6631. Nothing in this Act shall be construed to pre- dIn^?iS5k person from doing or performing any of the kinds of work enumerated in section 5* of this Act provided that such work is performed under the direction and supervision of a duly licensed Master Electrician, but no such work other than minor electric repairs for the main- tenance of established plants shall be performed excepting 'Codified as section §663e of this Article. LICENSES — INSTALLATION OF ELECTRICAL APPARATUS, 405 under such direction and supervision of a duly licensed Master Electrician and the said licensed electrician shall be responsible for any and all work so done under his direction and supervision. 1906, ch. 244, Sec. 13. §663m. Any person, firm or corporation who shall Misdemeanor practice or engage or continue in the work of a Master Electrician without having complied with all the provisions of this Act and any person not licensed as Master Electri- cian who shall do or perform any such work except under the direction of a Master Electrician, and any person having been licensed as a Master Electrician and who shall fail to renew his license as herein provided, and shall do or perform any such work, or who shall violate any of the provisions of this Act, shall be guilty of a misdemeanor and upon conviction thereof shall be sentenced to pay a fine of not less than twenty-five dollars ($25.00) nor more than Penalty, five hundred dollars ($500.00) or to an imprisonment not exceeding ninety (90) days or both in the discretion of the Court, and any such conviction shall ipso facto revoke and annul any license that may have been issued to such person. 1906, ch. 244, Sec. 14. ■§663n. No license or renewal of same granted or issued under the provisions of this Act shall be assignable or Licenses not transferable and every such license and renewal of same shall specify the name of the person, firm or corporation to whom it is issued and in the case of a firm the member of said firm, and in the case of a corporation, the principal officer or the designated representative of said corporation through whom the application for the said license was made. 1906, ch. 244, Sec. 15. §663o. All fees collected under the provisions of this Disposition of Act shall be for the use of said Board to defray its necessary expenses. 40o MISCKIvLANKOUS I.OCAL I.AWS. 1906, ch. 244, Sec, 16. §663p. It shall be the duty of the said Board before Boa?d Monday of May of each year to make a report in gtO^vernor of writing* to the Govemor of the State containing a detailed statement of the nature of the receipts and manner of expenditure, and any balance of money remaining at the end of the year, after payment of expenses shall be reserved by the treasurer of said Board to meet the expenses for the ensuing year. 1906, ch. 244, Sec. 17. Exceptions in §663 q. The provisions of this Act shall not apply to of pr?v£Snsio^^^®y^^^ electricians or apprentices while such journey- ofAct. Qj. apprentices shall be practicing their trade of journeyman electrician or apprentice nor to any electric light company, electric railway company, steam rail- way company, telegraph or telephone company doing such work in its own buildings upon its own plants. Liquor and Intoxicating Drinks. SALE FORBIDDEN IN CERTAIN PLACES. 1882, ch. 107. P. L. L., (1888) Art. 4, Sec. 651. 664. It shall not be lawful for the Clerk of the Court of Common Pleas to issue license to any person to sell Mount Vernon spirituous or fermented liquors or lager beer at Mt. Factories. Vemou factories, or at any place within three-fourths of a mile thereof, or on Madison Avenue extended.** 1864, ch. 206. P. L. L., (1888) Art. 4, Sec. 652. 665. It shall not be lawful for the Clerk of the Court of Common Pleas to issue a license to any person to sell spirituous or fermented liquors or lager beer at Woodberry ^FactoTy.^ factory, or at any place nearer thereto than three-fourths of a mile in every direction. **NoTE. — As to power of Legislature to restrict sale of spirituous or fermented liquors in certain districts, see, Parker v. State, 99 Md. 189. LICENSES— LIQUOR AND INTOXICATING DRINKS. 407 1888, ch. 56. 1888, ch. 98, Sec. 11. P. L. Iv., (1888) Art. 4, Sec. 653. 666. It shall not be lawful for the Clerk of the Court of Common Pleas to issue license to any person to sell spirituous or fermented liquors or lager beer in any part of the following district, to wit : In all that part of Baltimore City bounded on the 'east by Mount Roya-1 terrace, on the south by North or Boundary avenue, on the west by Druid Hill avenue extended, and on the north by Druid Hill Park. 1902, ch. 228. 1906, ch. 298. §666a. It shall not be lawful for the Clerk of the no license to Court of Common Pleas of Baltimore City to issue licenses in vicinity of to any person or persons or body corporate to sell PubUc spirituous or fermented liquors or lager beer nearer than three-fourths of a mile in all directions, from Walbrook public school, formerly known as annex school No. 15, in the City of Baltimore. 1904, ch. 600. §666b. It shall not be lawful for the Clerk of the same, m t^erri- Court of Common Pleas of Baltimore City, to issue license by oak, to any person or persons or body corporate, to sell fourth st., spirituous or fermented liquors or lager beer in any part and Twenty-' of the following district, to wit : In all parts of Baltimore City lying or being within the following lines or limits : Beginning at the southwest corner of Oak street and Twenty-first street, and running thence north and bound- ing on the west side of Oak street to the northwest corner of Oak and Twenty-fourth streets, thence running east and bounding on the north side of Twenty-fourth street to the northeast corner of Twenty-fourth street and Guilford avenue, thence running south and bounding on the east side of Guilford avenue to the southeast corner of Guilford Avenue and Twenty-first street, and thence running west and bounding on the south side of Twenty-first street, to the place of beginning. 408 MISCEI.I.ANEOUS EOCAE EAWS. 1904, ch. 626. §666c. It shall not be lawful for the Clerk of the Court of Common Pleas of Baltimore City to issue to any person or persons, company, association or body corporate a license to sell any fermented or spirituous liquors or lager beer in any part of the following district, to wit: In all that part of Baltimore City beginning for the same at the intersec- tion of the western line of Baltimore City and the south oM§uor side of Edmondson Avenue, and thence running easterly EdmSson^ along the south side of Edmondson Avenue to the western- ^thst^eS."^ most side of Fifteenth Street; thence binding on the westernmost side of Fifteenth Street southerly to its inter- section with the southwesternmost side of Dorsey’s lane: thence southeasterly binding on the southwesternmost side of Dorsey’s Lane to its intersection with the northwestern- most side of Kossuth Street; thence southwesterly along the northwesternmost side of Kossuth Street to its inter- section with the southernmost side of Old Frederick Road; thence southeasterly along the south side of Old Frederick Road to the westernmost boundary of the lot now improved by the Public School No. 66; thence southerly and binding for a part thereof on the westernmost boundary of said lot in a direct line to the southernmost side of Frederick Road; thence southeasterly along the southernmost side of the Frederick road to the easternmost boundary of the United States National Cemetery; thence southerly and binding Boundaries, for a part thereof on the easternmost boundary of said cemetery to the southwesternmost side of the tracks of the Baltimore and Potomac Railroad; thence southwesterly along the line of said tracks to the intersection of the same with the southern boundary line of Baltimore City; thence westerly along said line to the western boundary line of said city; thence north binding on said last mentioned line to the place of beginning. 1906, ch. 279. Prohibiting- sale of liquor north of Druid Hill Park. §666d. It shall not be lawful for the Clerk of the Court of Common Pleas of Baltimore City, to issue license to any person or persons, or body corporate, to sell spirituous or LICENSES — LIQUOR AND INTOXICATING DRINKS. 409 fermented liquors or lager beer, in any part of the follow- ing district, to wit: in all parts of Baltimore City lying or being within the following lines or limits: Beginning at the southeast corner of the intersection of the Western Maryland Railroad and the northern boundary of the city line, and running thence easterly bounding on the said City line to the western line of the Northern Central Railroad; thence southerly bounding on the western line of the Northern Central Railroad, to a point where the northern boundary of Druid Hill Park would intersect if continued east to said point of intersection; thence westerly bound- ing on the north side of Druid Hill Park and continuing the same course until the said line shall intersect the eastern side of the Western Maryland Railroad, thence northerly: bounding on the east side of the Western Mary- land Railroad to the place of beginning. 1906, ch. 780. §666e. It shall not be lawful for the Liquor License Commissioners, or the Clerk of the Court of Common Pleas to issue licenses to any persons to sell spirituous, fermented issue for sales liquors or lager beer in any part of the following districts; boSSedtfy In all that part of Baltimore City bounded : Beginning at caiVIrf®^’ a point where Twenty-eighth Street extended westwardly of Merry- would touch Jones’ Falls, and running from this point and Jones’ eastwardly along the center line of Twenty-eighth Street as laid out, and extending said center line eastwardly to the center line of Calvert Street, and thence northerly along the center line of Calvert Street, and continuing said cen- ter line northerly to a point three hundred feet north of Merryman’s Lane and thence running parallel with Merry- man’s Lane and three hundred feet northerly from said Lane to the line of Cedar Avenue extended, thence west- wardly on the South side of Cedar Avenue to Jones’ Falls, and thence southerly along Jones’ Falls to the point of beginning. 1890, ch. 343. P. L. L., (1888) Art. 4, Sec. 653A. 1894, ch. 86. 667. No person shall offer for sale or keep for sale in the City of Baltimore any intoxicating liquors, except as ‘"^regulated. 410 MISCEIvIvANEOUS LOCAL LAWS. Intoxicants defined. Board of Liquor License Commission- ers. Clerks to the Board. hereinafter provided ; but this shall not apply to sales made by a person under a provision of law requiring him to sell personal property, nor to sales of liquors, by whole- sale, nor to sales by the maker, brewer or distiller thereof, nor to sales by bottlers of fermented liquors, nor to be drunk on the premises ; save and except as hereinafter specially provided in reference to wholesale dealers and jobbers, brewers, distillers and bottlers, in section 688, wherein the rights and duties of said classes, of persons are set forth and defined. Wherever the term intoxicating liquors is used in this sub-division of this Article, it shall be deemed to include whiskey, brandy, rum, gin, wine, ale, beer and all other fermented and distilled liquors, every mixture of liquors which shall contain more than two per cent, by weight of alcohol, and every mixture of liquors which shall contain less than two per cent, of alcohol if the same shall be intoxicating. Nothing in this sub-division of this Article shall be construed to authorize the sale of any intoxicating liquor or any admixture thereof in any part of said City where such sale is or shall here- after be prohibited by special law. state V. Stiefel, 74 Md. 546. Trageser v. Gray, 73 Md. 251. 1890, ch. 343. 1892, ch. 13. P. L.'E., (1888) Art. 4, Sec. 653B. 668 . The Governor, by and with the advice and consent of the Senate, shall appoint three persons who shall consti- tute a Board of Liquor License Commissioners for Baltimore City, who shall hold office for two years, and until their successors are appointed and qualified ; and their duties shall be such as hereinafter described ; provided, however, that the Liquor License Commissioners appointed in April, eighteen hundred and ninety, shall continue in office until the expiration of the term for which they were appointed. Trageser v. Gray, 73 Md. 251. 1890, ch. 343. 1900, ch. 704. P. L. E., (1888) Art. 4, Sec.653C. P. L. E., (1898) Art. 4, Sec. 669 669. Said Board shall appoint such clerk or clerks and counsel as a proper transaction of the business of the LICENSES — LIQUOR AND INTOXICATING DRINKS. 411 Board shall require ; and shall keep a full record of all applications for license, of all recommendations for and remonstrances against the granting of licenses and their actions thereon ; and the vote of the members of said Board, by yeas and nays, shall be taken on the question of granting or refusing every application for license, and said records of said Board shall at all suitable times be open to ^cSdlngs Sf the inspection of the public ; all necessary books and stationery shall be furnished by the Mayor and City Coun- cil of Baltimore, and all salaries and expenses incident to the business of the Board shall be paid by said Mayor and City Council of Baltimore. 1890, ch. 343. 1892, ch. 704. 1900, ch. 704. P. L. L., (1888) Art. 4. Sec. 653D. P. L. L., (1898) Art. 4, Sec. 670. 670. The said Board shall fix the salaries of all clerks and counsel appointed by them for the performance of the s?daries of duties imposed by this sub-division of this Article ; and member of said Board shall each receive a salary of two thousand dollars annually, to be paid as the salaries of the officers of the City of Baltimore are paid. 1890 ch. 343. 1894, ch. 86. P. L. L., (1888) Art. 4, Sec. 653E. 671. No licenses to sell intoxicating liquors, other than by wholesale traders, distillers, brewers, rectifiers, and bottlers of fermented liquors, shall be granted in the City Licenses- to of Baltimore except by said Board, and only to citizens of the United States of temperate habits and good moral character, who have complied with requisites of this sub- division of this Article. 1890, ch. 343. 1894, ch. 86. P. L. E., (1888) Art. 4, Sec. 653F. 672. All licenses to sell spirituous or fermented liquors shall expire on the first day of May next ensuing the date of their issue, and shall be issued for twelve or six months Duration of only, and for no other periods of time ; all twelve months’ licenses shall be granted to begin only from the first day of May in the year of their issue, and all six months’ 412 MISCEI.LANEOUS EOCAE EAWS. licenses shall be granted to begin only from the first day of November, and from no other time, in the year of their issue ; and all applications shall be filed before the first day of May or the first day of November, respectively; provided, however, that for the twelve months’ licenses two hundred and fifty dollars shall be paid, and for the six months’ licen- ses one hundred and twenty-five dollars shall be paid ; and provided further, that nothing in this section shall be con- strued to affect the transfer of licenses as now provided in this law. 1890, ch. 343. 1900, ch. 442. P. L. L., (1888) Art. 4, Sec. 653G. 673. Every person applying for a license to sell intoxi- cating liquors in said city shall file with the said Board his, ^HclnJe^haii her or their petition for such license, and the Board shall be published, notification of such petition to be published three times in three newspapers of general circulation in said city (one of which shall be printed in the German language), to be designated by said Board, the first publi- cation to be not less than fifteen nor more than thirty days before the time fixed by the board for action on said petition. 1890, ch. 343. P. E. L., (1888) Art. 4, Sec. 653H. 1906, ch. 278. What petition 674. Said petition shall contain the name and residence shall contain. the applicant and how long he has resided there ; (2) the particular place for which a license is desired, desig- nating the same by street and number, if practicable, and if not, by such other apt description as definitely locates it; (3) the kind of license desired, whether a saloon license, hotel license, club license or retail grocers license ; (4) the name of the owner of the premises upon which the business licensed, is to be carried on; (5) a statement that the applicant is a citizen of the United States, and that it is necessary for the accommodation of the public, that the place should be licensed ; (6) that the appli- cants have not, nor has any of them, had a license for the sale of intoxicating liquors in this State, revoked, nor has licenses — LIQUOR AND INTOXICATING DRINKS. 413 been convicted of any crime, within one year preceding the filing of said petition ; (7) that he or she will not knowingly sell, or allow to be sold in the said house or on the said premises any such liquors on Sunday or on election days, or to minors at any time, or allow a minor to drink in said house or on said premises ; that he or she will not keep or permit to be kept a bawdy house in the said house or on the said premises, or the gathering together or the visi- tation to said house or premises of women for lewd or immoral purposes ; (8) this petition must be verified by the affidavit of the petitioner, made before a Justice of the Peace ; if any false statement is made in any part of said ^pe^JftlJners. petition, the petitioner or petitioners shall be deemed guilty of perjury, and upon indictment and conviction thereof, his license shall be revoked and he shall be subject to the penalties provided by law for that crime.** 1890, ch. 343. P. L. L., (1888) Art. 4, Sec. 6531. 675. There shall be annexed to this petition a certificate certificate of signed by at least ten respectable qualified voters residing or doing business in the ward in which the petitioner asks to do business, stating the residence or place of business of each person, certifying and setting forth that they have been acquainted with the petitioner or petitioners for (specifying the length of such acquaintance), that they have good reason to believe that all the statements contained in the petition are true, and they, therefore, pray that the prayer of said petition be granted, and the license issued as prayed for. 1890, ch. 343. P. L. L., (1888) Art. 4, Sec. 653J. 676. The said Board shall publicly hear petitions from Petitions and . A X remonstran- residents of the ward or persons living or doing business in the vicinity of the place for which license is **Note. — Ordmary, License for. The oath prescribed by Sec. 68, Art. 56, Public General Laws of Maryland, must be administered before a license can be validly issued for an ordinary, notwithstanding the practice in vogue in Baltimore City. Blackburn v. I-ivingstone, Daily Record, Jan. 15, 1900. Note provisions of section 689 of this Article. 414 MISCELLANEOUS LOCAL LAWS. prayed, in addition to that of the petitioner, in favor of, and remonstrance against the granting of said license ; and in all cases shall refuse the same, whenever, in the opinion of the said Board such license is not necessary for the accommodation of the public, or the petitioner or petitioners is or are not fit persons to whom such license should be granted ; and if sufficient cause shall at any time be shown, or proof be made to the said board, that the party licensed was guilty of any fraud in procuring such license, or has violated any law of the State relating to the sales of intoxicating liquor, the said board shall, after giving notice to the person so licensed, revoke said license; and the Criminal Court of the City may in like manner Revocation, revoke said license if the party should be convicted before it of any such violation.** Trageser v. Gray, 73 Md. 253. 1890, ch. 343. P. L. L-, (1888) Art. 4, Sec. 653K. P’jpayment. 077 , No license shall be issued to any person or per- fees. sons Until he, she or they shall have paid the license fees provided for in this sub-division of this Article. 1894, ch. 86. 1900, ch. 278. P. L. L., (1888) Art. 4, Sec. 653L. 1906, ch. 278. Conditions 678. If after the notice and hearing provided for in Board Ssies this sub-division of this Article, the said Board shall decide to grant the license prayed for, they shall notify the applicant of such decision in writing, and if the applicant shall within thirty days from the date when such license granted is to become effective, produce to the Clerk of the Court of Common Pleas the said notification, and pay said Clerk the sum of money herein specified, the said Clerk shall thereupon issue to him the license granted to him by the said Board ; but every grant of a twelve months^ **NoTE . — Liquor License Commissioners. As to powers of Liquor License Commissioners of Baltimore City to revoke a license on sufficient cause, and the extent of the Board’s discretionary powers, in relation thereto, see, Childs v. White, Daily Record, December 16, 1890. LICENSES — LIQUOR AND INTOXICATING DRINKS. 415 license upon which no license has been actually taken out and paid for prior to the first day of June, in the year of its issue, and every grant of a six months’ license upon which no license has been actually taken out and paid for prior to the first day of December, in the year of its issue, shall be, after the said first day of June or December respectively, null and void, and no license shall be issued thereupon. For a saloon or restaurant in which distilled liquors or saioon license, any admixture of distilled liquors containing more than fifteen per centum of alcohol, or fermented liquors con- taining less than fifteen per centum of alcohol may be sold by retail by the drink or in quantities or packages not exceeding five gallons of any spirituous or fermented liquors except lager beer and not exceeding one keg of eight gallons or less of lager beer to be drunk on the premises or not, as desired by the purchaser, the sum of two hundred and fifty dollars, shall be paid for a twelve Rates of months’ license ; and the sum of one hundred and twenty- five dollars shall be paid for a six months’ license. Hotel license. For a hotel license the same amount shall be paid. For a club license the same amount shall be paid. ciub license. For a retail grocers, license the same amount shall be paid, provided, however, that none but a bona fide retail licenses, grocer who shall make application to said board therefor, shall receive a retail grocer’s license, and no such retail grocer’s license shall be given to any one except on governing complying with the conditions of this Act, and such license grocers’ and shall only entitle such licenses to sell wines, spirituous or HcenUS^"^^ fermented liquors as aforesaid, in quantities or packages of not less than one pint, but in no case to be drunk on the premises. In no case shall a license to sell intoxicating liquors by the drink be granted to any person who shall obtain a license to sell goods, wares or merchandise, other than intoxicating upon the said premises where such intoxicating liquors are licensed to be sold, but licensed saloon-keepers may also sell tobacco and non-alcoholic beverages ; provided further that no retail license shall be issued to any distiller or brewer. 416 MISCELLANEOUS LOCAL LAWS. 1890, ch. 343. P. L. L., (1888) Art. 4, Sec. 653M. 679. The whole of the money received by the Clerk of the Court of Common Pleas for the licenses aforesaid, shall be paid over quarterly by said Clerk of the Court of Com- Se”and° mou Ploas to the State as now provided by law, and when moneyf from SO paid ovor, the Comptroller of the Treasury shall draw his warrant upon the Treasurer in favor of the Mayor and City Council of Baltimore for three-fourths thereof, to be applied to the general use of said City. 1890, ch. 343. P. L. L., (1888) Art. 4, Sec. 653N. 680. Every person receiving a license under this sub- division of this Article shall frame his license under a glass, and place the same so that it shall at all times be conspic- uous and easily read, in his chief place of making his sales, and no license issued under this sub-division of this Article shall authorize sales by any person who shall neglect this requirement. 1890, ch. 343. P. L. L., (1888) Art. 4, Sec. 6530s 681. No licensee under the provisions of this sub-division censeCimay of this Article shall sell or furnish any intoxicating liquors at any time to a minor, either for his or her own use, or for the use of any other person, or to a drunkard, or to any person whose parent, guardian, husband, wife or child shall have given to such licensee a notice in writing, verified by affidavit, that such person is of intemperate habits, and requesting such licensee not to sell to him or her, or to a person visibly affected by intoxicating drinks. Peterson v. State, 83 Md. 194. 1890, ch. 343. 1894, ch. 257. P. L. L., (1888) Art. 4, Sec. 653P. When sales 682. No licensee under this sub-division of this Article m^de”° ^ shall sell or furnish to any person intoxicating liquors on any days upon which elections are now or hereafter may be required by law to be held; nor on the Lord^s Day, commonly called Sunday, except that if the licensee is a License to be displayed in frame un- der glass. LICENSES LIQUOR AND INTOXICATING DRINKS. 417 hotel keeper he may supply such liquors, to be drunk in their rooms or with their meals, to hona fide guests; nor between the hours of twelve o’clock midnight and five o’clock A. M. at any time; nor, except in hotels, shall con- duct his business in any place to which an entrance shall be allowed other than directly from a public traveled way; provided, however, that any licensed dealer may, with the permission of the Board of Police Commissioners at any hona fide entertainment of any society, club or corporation, sell intoxicating liquors between such hours as the Board aforesaid may designate in said permit.** Kieffer z/. State. 87 Md, 562. 1890, ch. 343. P. n. n., (1888) Art. 4, Sec. 653Q. 683. Druggists and apothecaries shall not be required to Druggists and obtain license under the provisions of this sub-division of this Article, but they shall not sell intoxicating liquors nor compound or mix any composition thereof, except upon the written prescription of a regular physician; nor more than once on any one prescription of the physician; and every druggist or apothecary shall keep a book for the special purpose and enter therein the date of every sale of intoxi- cating liquor made by him, the person to whom sold, the kind, quantity and price thereof, and the purpose for which It was sold, and such book shall be at all times open to the said Board, or of any person designated and authorized by them to make such inspection, and shall be produced before such Board when required; and any failure to comply with the provisions of this section shall render such druggist or apothecary so failing, liable to the same penalties as if he had sold intoxicating liquors without a license. 1890, ch. 343. P. L. L., (1888) Art. 4, Sec. 653R. 684. ^ Any person who shall hereafter be convicted of selling intoxicating liquors, or any admixture thereof, in Veiling without the City of Baltimore, without a license under the PenX. Note. In connection with provisions of section 682, see, McCracken V. State, 71 Md. 154 and Parker v. State, 99 Md. 189. 418 MISCELLANEOUS LOCAL LAWS. Violation of License. Penalty. provisions of this sub-division of this Article, shall be sentenced to pay a fine of not less than five hundred dol- lars nor more than five thousand dollars, or undergo im- prisonment in the jail of said City, or in the House of Correction of not less than three months, nor more than twelve months, or to both fine and imprisonment, at the discretion of the Court. 1890, ch. 343. P. L. L., (1888) Art. 4, Sec. 653S. 685. Any person having a license under the provisions of this sub-division of this Article who shall hereafter be convicted of violating any or the provisions of this sub- division of this Article or of the conditions of his license, shall be subject to a fine of not less than one hundred or more than five hundred dollars ; and for any second offence, whereof he shall be convicted, his license shall be vacated and revoked, and he shall be subject to a fine of not less than five hundred nor more than one thousand dollars, or to imprisonment in the jail or the House of Correction for not less than three months, nor more than twelve months, or to both fine and imprisonment at the discretion of the Court. The license of any person who permits minors to frequent or loiter about his place, or disreputable or dis- orderly persons to make it a customary place of visitation or resort, may be at any time, upon proof, revoked by the Criminal Court of Baltimore City, or by said Board, the same person shall not again be licensed within two years of the time of such revocation. Nothing in this sub-divi- sion of this Article shall be construed to repeal or modify any of the provisions contained in, or the penalties imposed by any law of this State forbidding or restricting the sale of intoxicating liquors on a day on which elections are held. 1890, ch. 343. P. L. L., (1888) Art. 4. Sec. 653T. 686. Upon complaint or allegation by any qualified voter of Baltimore City who shall give security for the cost of prosecution, that any license has been corruptly or knowingly issued by said Board to any person who has not LICENSES — LIQUOR AND INTOXICATING DRINKS. 419 complied with the provisions of this sub-division of this Article, it shall be the duty of the State’s Attorney to file in the Criminal Court of Baltimore City an information against said board and against said licensee, and if it shall be found that such license was improperly issued, said license shall be revoked, and the members of said Board who voted in favor of issuing said license shall in addition to the other penalties for malfeasance in office be removed from said office. 1892, cli. 641. P. L. Iv., (1888) Art. 4, Sec. 653U. 687. For the purpose of all hearings and inquiries which the Board of Liquor License Commissioners are authorized to have and make, they are hereby authorized to issue summons for witnesses and administer to them oaths or affirmations, and all summons so issued shall be served by the police force of the City of Baltimore. If any witness so summoned shall refuse or neglect to attend, or attending, refuse to testify, the said Board shall report the facts to the Superior Court of Baltimore City, which is hereby authorized and directed to proceed by attachment against said witnesses in all respects as if said neglect or refusal had been by witnesses summoned to appear in said court in cases pending before it. 1894, ch. 86. P. L. L., (1888) Art. 4, Sec. 653V. 1906, ch. 278. 688. Distillers, brewers and wholesale dealers or Distillers and jobbers, shall be allowed to sell spirituous liquors in quantities of not less . than one pint each, and fermented liquors in packages of not less than two dozen pint bottles or twelve quarts each, but in no case to be drunk on the premises ; distillers and brewers shall require no license ; wholesale dealers and jobbers shall be entitled to receive a license as such, to sell as above stated and not otherwise, upon applying directly to the Clerk of the Court of Com- mon Pleas and paying to him the sum of two hundred and fifty dollars a year therefor ; but any person, co-partner- ship or corporation (other than brewers, who as herein- wholesalers, before stated require no license) may be licensed to conduct bSttiers.^”^ 420 MISCELLANEOUS LOCAL LAWS. Licenses: fees. Expiration of license. Disposition of fees collected. Hotel keepers. a bottling business by selling fermented liquors only, and in quantities or packages not less than twelve pint bottles, by applying direct to the Clerk of the Court of Common Pleas and paying him the sum of forty dollars a year there- for ; any person required by this section to take out a ' license who shall sell or offer for sale any intoxicating liquors without having first procured such license and any person who shall violate any of the provisions of this section as to the manner or quantity in which he shall sell or offer for sale such liquors, whether he shall be required to take out a license or not, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than two hundred and fifty dollars, nor more than five hundred dollars in the discretion of the Court ; no license under this section shall be issued for a longer period than one year ; if issued for a shorter period ; the licensee shall pay for every month for which his license is to run one twelfth of the annual charge for such license, and all such licenses shall expire on the first day of May succeeding their issue ; the whole of the money received by the Clerk of the Court of Common Pleas for the licenses aforesaid shall be paid over quarterly by said Clerk of the Court of Common Pleas, to the State as now provided by law, and when so paid over the Comptroller of the Treasury shall draw his warrant upon the Treasurer, in favor of the Mayor and City Council of Baltimore for three fourths thereof, to be applied to the general use of said City. 1894, ch. 86. P. L. E., a888) Art. 4, Sec. 653W. 1906, ch. 278. 689 . No person shall receive a “hotel license,’’ allowing the sale of intoxicating liquors at a hotel or ordinary, unless he shall present to the Clerk of the Court of Common Pleas a notification, as provided for in section 678 of this Article, wherein the decision of the Board of Liquor License Commissioners to grant a “hotel license,” to the applicant, is plainly expressed nor until such appli- cant, in addition to paying the sum prescribed in this sub- LICENSES — LIQUOR AND INTOXICATING DRINKS. 421 division of this Article, shall have also paid for and received a license to keep a hotel or ordinary, as now provided by law.** 1894, ch. 86. 1900, ch. 278. P. h. L., (1888) Art. 4, Sec. 653X. 690. Any holder of a license to sell intoxicating liquors at retail, by the drink or otherv/ise, may be permitted by said Board, in their discretion, to sell or assign said license to another person, to be used at the same or another place of business ; or to transfer his said license to another place of business : provided, that the fitness and propriety License may of said intended purchaser or assignee, and of said in- tended new place of business shall be first approved by said Board upon due application therefor, recommendation by qualified voters, advertisement of same in newspapers, etc. , as required in case of an original application for such license. Such sale or assignment or transfer when granted by said Board shall be endorsed upon the license by the Clerk of the Court of Common Pleas, who shall be entitled to receive a fee of fifty cents therefor, and the same shall then take effect. And whenever the said Board may be satisfied that any license has been lost or destroyed or that any licensee has transferred or assigned his license to another person, and the said transfer or assignment has been duly approved by the Board, in the manner above provided for, and the original licensee withholds said license from the person or persons to whom he has assigned or transferred the same, and refuses to deliver or surrender said license, the said Board shall have the power to revoke and cancel said original license and to issue a duplicate license in lieu thereof to such transferee upon the payment of the aforesaid fee of fifty cents, without any additional license fee. And if any license shall be in course of trans- fer for the same place of business, the Board shall have the power in its discretion to issue a permit to the owner or transferee of such license to conduct business thereunder until a duplicate license can be issued or said transfer duly **Note. — As to license for ordhiary, see, note to section 674, ante, and Blackburn v. Livingstone, Daily Record, Jan. 15, 1900. 422 MISCELLANEOUS LOCAL LAWS. effected. And the Clerk of the Court of Common Pleas shall endorse upon such duplicate license the word “Duplicate/^ together with the names of the original licensee, as well as that of the transferree to whom such duplicate is granted. And in the settlement of his accounts with the Comptroller and Treasurer of the State of Mary- land, the said Clerk of the Court of Common Pleas shall be allowed for such duplicate license. 1894, ch. 257. P. L. L., (1888) Art. 4, Sec. 653Pp. 691. Every licensed dealer to whom the Board of Police Commissioners for the City of Baltimore shall issue Special a permit to sell intoxicating liquors at places of entertain- permits. jj^eut, as authorlzod by section 682 of this Article shall pay the said Board of Police Commissioners one dollar for said permit, the money so paid to go into the special fund of said Board. Pawnbrokers. 1888, ch. 104. P. L. L., (1888) Art. 4, Sec. 655. 692. All pawnbrokers in the City of Baltimore shall keep or caused to be kept, in a suitable book or books to be provided by them for that purpose, an accurate account accounts re- showing the date of each deposit made with them in the quired. course of their business, and of each purchase made by them in the course of their business, of any and all personal property, so described as to identify the said personal property so deposited or sold; and showing also the sum of money advanced thereon or paid therefor, the time for which any such deposit was agreed to be kept, and the name of the depositor or seller of such personal property, and his place of business or abode; and such entries shall be made by such pawnbrokers immediately upon the mak- ing of any such transaction; such book, and the personal properties so deposited or purchased, shall be subject at all times to the inspection of such agent or officer as may be designated for that purpose by the Mayor and City Council of Baltimore, and also to the inspection of the Marshal of LICENSES — PAWNBROKERS. 423 Police for the City of Baltimore, and of such officer as he may designate for that purpose; and all pawnbrokers who shall omit, neglect or refuse to provide and keep such book, or to enter therein forthwith as aforesaid an account of all deposits made with and purchases made by them, as aforesaid, with all the particulars thereof, as hereinbefore required, or who shall enter incorrectly in such book any such account of deposits made with them, or purchases made by them, as aforesaid, or who shall refuse to exhibit any of such books and properties so deposited or purchased, if in their possession or under their control upon demand of any of the officers empowered or authorized as aforesaid to make such inspection, shall be deemed guilty of a mis- demeanor, and upon conviction thereof shall be subject to a fine of not less than twenty dollars, or an imprisonment Penalty, of not less than thirty days, or to both fine and imprisonment in the discretion of the court. 1880, ch. 104. P. L. L., (1888) Art. 4, Sec. 656. 693. Before any person or body corporate shall transact the business of pawnbrokers in the City of Baitimore, he or it shall first obtain from the Clerk of the Court of Common Pleas in said City, a Statens license authorizing License, him or it to carry on such business in the said City, for which said license he or it shall pay the sum of five hundred dollars, and in addition to this, he or it shall file with said clerk a bond to the State of Maryland, in the sum of ten thousand dollars, to be approved by said clerk, for the faithful performance of the requirements of this sub- division of this Article; and any pawnbroker who shall violate this section by failure to file such bond, or to obtain the license as aforesaid, though continuing to transact the business of a pawnbroker, shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be fined the sum of five hundred dollars, or be imprisoned in the Penalty. City Jail for the term of six months, or both, in the discre- tion of the court. 424 MISCEI^IvANEOUS EOCAE EAWS. License charge. License. Cost, Merchandise Brokers. 1892, ch. 561. P. E. E., (1888) Art. 4, Sec. 657A. P. G. E., (1888) Art. 56, Sec. 18. 694. Any person or partnership applying for the same, and paying the sum of eighteen dollars and seventy-five cents for each individual or representative of such firm or partnership, may obtain a license for carrying on the busi- ness of grain broker, coffee broker, cotton broker, sugar broker, or merchandise broker. Real Estate Brokers. 1888, ch. 495. P. E. E., (1888) Art. 4, Sec. 658. 695. Any person, co-partnership or firm applying for the same, and paying the sum of money herein provided, may obtain a license for carrying on the business of real estate broker in the City of Baltimore; provided, that the names of each and every person comprising any co-part- nership or firm applying for such license shall be inserted in said license; provided, that the sum of money to be paid therefor as aforesaid shall be twenty-five dollars for the first two names inserted in said license, and twenty-five dollars additional for each and every name above two inserted therein.** *’^NoTE. — In regard to the construction of sections 695 to 700, inclusive, of the Charter, see, Walker v. Baldwin and Frick et at. decided March 27, 1906, and reported in Daily Record, April 27, 1906, in which the Court of Appeals upheld the validity of a contract for commissions made by an unlicensed real estate broker on the ground that the license required to be obtained under the provisions of the Charter is a revenue measure, and failure to obtain same does not invalidate the contract but exposes such unlicensed broker to the penalty provided by the Act. This affirms decision in re Coates v. Eocust Point Company, decided at the Janurary, 1906 term of the Court of Appeals, 102 Md. 291. Real Estate Brokers. — For decisions in relation to powers of such agents to act for principal in certain cases, see. Newcomer v. Brooks, Daily Record, October 24, 1901. Becker v. Matthai, Daily Record, Januar}^ 3, 1902. Crenshaw v. Baltimore Chrome Works, Daily Record, August 31, 1903. The Proceeds of Pi'Operty in excess of specific selling price authorized, belong to the owner of the property and not to the broker, notwith- standing usage to the contrary. — Newcomer v. Brooks, supra. LICENSES — REAL ESTATE BROKERS. 425 1888, ch. 495. P. L. E., (1888) Art. 4, Sec. 659. 696 . Any person, co-partnership or firm who shall carry on the business of real estate broker, or shall undertake to act as such real estate broker by public advertisement, sign or otherwise, without such license first obtained, or who shall use or attempt to use the license of another with intent to evade the provisions of sections 695 to 699 of this Article, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be subject to and pay a fine or Penalty, penalty of not less than two hundred dollars nor more than five hundred dollars for each offence; one-half thereof for the use of the State, and the other half thereof to the per- son or corporation that shall first prefer before the Grand Jury the charge against such offender; and any person, co-partnership or firm who shall directly or indirectly act as a real estate broker, or shall undertake the buying or selling of ground rents or other real estate, or of chattels real, or the leasing of real estate or chattels real, or the negotiation or sale of mortgage loans on real estate or chattels real, or the collection of rents for others, with a view to reward or compensation for such undertaking, shall be deemed to be carrying on the business of real estate broker within the meaning of said sections, and be subject to the fines or penalties herein prescribed. Leonard v. Coates, 102 Md. 291. 1888, ch. 495, P. L. L., (1888) Art. 4, Sec. 660. 697 . If any person who has obtained such license shall die or shall move from and cease to use and exercise the o^r cSer'"' business of real estate broker in the City of Baltimore, before the expiration of the term in said license specified, the benefit of said license for the unexpired term shall issue to and be continued in his legal representative or assignee, upon application to the proper clerk for that purpose, accompanied by the oath by the party applying, made before a judge of a court of record and endorsed on said license, that the person to whom said license was originally granted is deceased, or has removed from and ceased to use or exercise the said business in the said City. 426 MISCKI.I.ANEOUS LOCAL LAWS. Transfer of license. Separate li- cense for each office. Proviso, Lawyers ex- cepted. 1888, ch. 495. P. L. L., (1888) Art 4, Sec. 661. 698 . Upon said application and affidavit the clerk shall, by his endorsement on said license, authorize such legal representative or assignee to use or exercise the business of such real estate broker in said City for the unexpired term in said license named. 1888, cli. 495, P. L. L., (1888) Art. 4, Sec. 662. 699 . No person, co-partnership, association or firm, legal representative or assignee, shall use or occupy at the same time more than one office or place of business for the transaction of his or their business as such real estate broker, in said City, unless a separate license be procured for each and every such office or place of business, or for each and every branch office where the business of said person, co-partnership, association or firm as such real estate broker in said City is carried on or located; and any person who shall violate the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be subject to the same fine and penalties as are imposed by the provisions of section 696 of this Article; but nothing herein shall be so construed as to prevent any such person, co-partnership, association or firm, legal representative or assignee, from holding at the same time with the license as real estate broker in said City, provided for by section 695 of this Article, a license or licenses for any other kinds of brokerage business permitted by the laws of this State upon paying to the clerk the several sums by law prescribed for such license or licenses. 1888 ch. 495. P. L. L., (1888) Art. 4, Sec. 663. 700 . The five preceding sections shall not apply to transactions of attorneys at law with their clients; but their provisions shall nevertheless apply to all other persons who make a business of brokerage or agency for others in transactions in real estate, mortgage or chattels real, by solicitation, advertisement, sign or otherwise, with a view to reward or compensation for such business, whether the LICENSES— STEVEDORES— DUTY OF SHERIFF AND CLERK OF COURT. 427 same be conducted under the name of agent, property agent, broker, negotiator, financier, dealer or any other name so as to evade the provisions of said sections. Stevedores. 1898, ch. 505. P. L. E., (1888) Art. 4, Sec. 668A. §700a. Before any person or body corporate shall trans- act the business of a master stevedore in the City of Baltimore, he or it shall first obtain from the clerk of the Court of Common Pleas in said City a State’s license, state license to authorizing him or it to carry on said business in the said obtained. City, for which said license he or it shall pay the sum of twenty-five dollars, and any stevedore who shall violate this section by failure to obtain the license as aforesaid, though continuing to transact the business of a stevedore, shall be deemed guilty of a misdemeanor, and shall, on conviction thereof in the Criminal Court of Baltimore City, be fined the sum of one hundred dollars, or be imprisoned in the City Jail for the term not exceeding six months, or both, in the discretion of the court.** Steenken v. State, 88 Md. 708. Duty of Sheriff and Clerk of Court. 1866, ch. 151. 1888, ch. 372. P. L. E., (1888) Art. 4, Sec. 669. 701. It shall be the duty of the Sheriff of Baltimore City annually, in the month of April, to make or cause to ® ai?ifab°eM^ be made an alphabetical list of the names of all persons or llclnfes. bodies corporate or politic in each ward of the City of Baltimore who shall be exercising, pursuing any business^ or be doing any act or thing, or shall be in the use or occupation of any house or place for any purpose for which a license is made necessary by this sub-division of this Article, and to return such list to the Grand Jury of said **Note. — The Act 1898, ch. 505, was construed by the Court m re Steenken v. State, 88 Md. 708, and the provisions relating to the bond required under the terms of said Act were declared unconstitutional and void, but the validity of the remaining provisions of the Act upheld. The act as embodied in section §700a has been modified to conform to the decision of the Court. 428 misceli^aneous eocae eaws. City at as early a period as practicable after the first day of May then next ensuing; and the said Sheriff shall, within the first week of the month of April, cause a notice to be "^the1?lxpEa- inserted in the daily papers of the City, cautioning all tion. persons and bodies corporate or politic whom it may con- cern, to obtain a license, or renew the same, on or before the first day of May then next ensuing; and said Sheriff pgg shall be entitled to receive fifty cents for every license obtained by any person whose name shall be contained in the list so returned by him, to be paid by the party apply- ing for each license; but the failure of said Sheriff to give the notice herein directed shall not excuse any neglect to obtain a license as required by the Public General Laws. 1894, ch. 113. P. L. E., (1888) Art 4, Sec. 669A. 702. There shall be entered in writing by the Clerk of the Court of Common Pleas upon the face of all licenses obtained by individuals, firms or corporations to conduct business as trades in the City of Baltimore, the name of the street and number of the house or building, or if there be no number, a full designation of the location of said house or building for which a license is applied for; and Restrictions each liconse shall only authorize the transaction of business in one house or building, unless the individual, firm or corporation shall occupy more than one adjoining houses or buildings, and said houses or buildings have open, direct, internal communication with each other; in that case one license will cover transactions in said adjoining houses or buildings so arranged and occupied; provided, always, that any firm, individual or corporation may obtain any number of licenses to conduct business in any number of separate places of business in said City, upon paying for each license a sum graded according to the amount of stock or merchan- dise generally kept on hand or proposed to be kept on hand at the principal season of sale in said respective places of business, according to the Code of Public General Laws, Article 56, sections 40 to 52, or such amendments as may hereafter be added thereto. Rohr V. Gray, 80 Md. 274. MARKETS — SALES IN. 429 MARINERS AND CHARITABLE MARINE SOCIETY OF BALTIMORE. P. L. L., (1860) Art. 4, Sec. 630. P. L. L., (1888) Art. 4, Sec. 670. 703. Whenever a mariner residing in or sailing to or from the port of Baltimore shall depart this life intestate, and leaving no relations within the fifth degree, to be reckoned by counting down from the common ancestor to the more remote, the whole surplus estate of such mariner, after paying debts, funeral expenses and cost of adminis- tration, shall devolve on and become the property of the Charitable Marine Society of Baltimore. MARKETS.** P. L. L., (1860) Art. 4, Sec. 631. P. L. L., (1888) Art. 4, Sec. 672. 704. If any person shall buy, or cause to be bought, purchase to any kind of vegetables, dead meat, poultry, butter, cheese, unWuL tallow, eggs or fish, in any of the markets of said City, or within ten miles thereof, with an intent to sell the same again in such markets, or City, or within two miles thereof, he shall for the first offence forfeit the article, or the value thereof; for the second offence, he shall forfeit the article penalty, and be fined four dollars, and for every other offence for- feit fifteen dollars, to be recovered in a summary way before a Justice of the Peace; provided, that the purchas- Proviso, ing of pork, beef and fish, by the barrel or other package, butter in firkins, or other packages not less than fifty pounds, bacon or cheese by the quantity, by any merchant or shop keeper, and selling the same again in his store or shop, shall not be deemed or taken as an offence against this section. P. L. L., (I860) Art. 4, Sec. 633. P. L. Iv., (1888) Art. 4, Sec. 673. 705. Whenever any person shall be found exposing for sale any of the articles enumerated in the preceding section, otherwise than in his store or shop, and there shall be good **Note.— P feffering v. Baltimore City, 88 Md. 475, in relation to the powers of the city to regulate and control markets. 430 MISCKlyLANEOUS LOCAE LAWS. Offenders sum- marily pun- ished. Butter. Growers and producers ex- empt from fees. cause to suspect they have been purchased contrary to the provisions of the preceding section, it shall be lawful for any person to apply to a Justice of the Peace for a warrant to apprehend the person so suspected, and the Justice shall have power to inquire into the offence; and if the person suspected be convicted thereof, or if he cannot make it appear to the satisfaction of the Justice that he raised or made the articles offered by him for sale, or is disposing of them on account of the person who raised or made them, or that he bought the same ten miles or upwards from the City of Baltimore, he shall be deemed to be an offender against the provisions of the preceding section, and the fines and forfeitures shall be recovered in a summary way before the said Justice. P. L. L., (1860) Art. 4, Sec. 634. P. L. L., (1888) Art. 4, Sec. 674. 706. All butter sold by the pound in the said markets shall weigh sixteen ounces advoirdupois weight; and any person bringing butter to the said markets and offering the same for sale, of less weight than sixteen ounces advoir- dupois, shall forfeit the same, and it shall be seized and taken by the clerk of the market and sold for the use of the City. P. L. L., (I860) Art. 4, Sec. 636. P. L. L., (1888) Art. 4, Sec. 676. 707. No charge, tax or fees shall be set, rated or levied upon any person or the property of any person who shall attend any of the markets of said City with any articles or produce from the country, to vend in said markets, of his own growth, produce or manufacture, or as the- agent of the grower, producer or manufacturer of the same, unless such person shall occupy some place or stand in some of said market-houses; provided such person or agent be not a resident of said City. P. L. L., (1860) Art. 4, Sec. 637. P. L. L., (1888) Art. 4, Sec. 677. 708. If any clerk of the market, or any other person or officer appointed by or under the provisions of this MARKETS— CONDEMNATION OF PROPERTY. 431 Article, shall demand, receive or collect any tax or other charges from any person attending the markets of said City as provided in the preceding section, who shall be standing in the open streets, and who does not occupy any place or stand in the market, he shall be liable to a fine of twenty dollars for each offence, to be recovered before any Justice of the Peace as small debts, one-half to the in- former and the other half to the State. P. L. Iv., (I860; Art. 4, Sec. 640. P. L. E., (1888) Art. 4, Sec. 680. 709 . The City may agree with the owners of any or other property which it may deem expedient to purchase buy land for. and hold, for the purpose of extending any market ; and if they cannot agree, or if there be any incapacity in the owners to contract in relation thereto, or if such owners be unknown or out of the State, any Justice of the Peace for said City, on application of the Mayor and City Council of Baltimore, may issue his warrant to the Sheriff of said City, commanding him to summon from the said City acondemna- jury of twenty freeholders, inhabitants of said City, not related to the owners or persons interested in the real estate or other property, to meet on the premises on some certain day to be named in said warrant, of which said warrant and the day therein named for the meeting of the jury, five days’ notice shall be given previous to such day by the Mayor and City Council of Baltimore, to every owner or person interested, and left at his place of abode. P. L. E., (1860) Art. 4, Sec. 641. P. E. E., (1888) Art. 4, Sec. 681. 710 . If any infant or lunatic or feme covert be the Notice to in- owner in whole or in part of the property subject to be condemned, the notice shall be given to his or her guardian, trustee, committee or husband, as directed in the preceding section. P. E. E., (1860) Art. 4, Sec. 642. P. E. E., (1888) Art. 4, Sec. 682. 711 . If such owner, guardian, trustee, committee or husband resides out of the State, or is unknown, such Non-resident. 432 MISCKI.LANEOUS EOCAE EAWS. notice shall be published not less than eight weeks, suc- cessively, in some one or more of the daily newspapers of said City. P. E. E., (I860) Art. 4, Sec. 643. P. E. E., (1888) Art. 4, Sec. 683. 712. The owner of such property, or the guardian, trustee, committee or husband of the owner may, from the striking off list of jurors returned by the Sheriff, strike four, and the Jurors. Mayor and City Council of Baltimore, four, so that the number of jurors may be reduced to twelve ; and if either party neglect or fail to strike off the names of jurors, the Sheriff or his deputy shall strike for the party so failing or refusing. P. E. E., (1860) Art. 4, Sec. 644. P. E. E., (1888) Art. 4, Sec. 684. 713. The Sheriff or his deputy shall, before the said jury proceed to act, administer to each of the jurors an Oath to Jurors. oath, justly and impartially to value the damages which the owners or parties holding an interest in the property to be condemned will sustain by the use and occupation thereof by the Mayor and City Council of Baltimore. P. E. E., (I860) Art. 4, Sec. 645. P. E. E., (1888) Art. 4. Sec. 685. Damages 714. The jury so qualified shall inquire into, assess and assesse . ^scertain the sum of money to be paid by the Mayor and City Council of Baltimore, for the land or other property to be condemned, having regard to all the circumstances of damage or benefit to result to such owner or party in- terested therein. P. E. E., (I860) Art. 4, Sec. 646. P. E. E., (1888) Art. 4, Sec. 686. Inquisition. 715. The jury shall reduce their inquisition to writing, and shall sign and seal the same, and it shall then be returned by the Sheriff to the Clerk of the Superior Court of said City, and be by such clerk filed in his office, and shall be confirmed by said court at its next session if no sufficient cause to the contrary be shown,' and when con- MARKETS — CONDEMNATION OF PROPERTY FOR. 433 firmed shall be recorded by the said clerk at the expense of the Mayor and City Council of Baltimore. P. h. h., (I860) Art. 4, Sec. 647. P. h. E., (1888) Art. 4, Sec. 687. 716. If said inquisition be set aside by the said court, the court shall direct another inquisition to be taken in the manner hereinafter directed. P. E. E., (1860) Art 4, Sec. 648. P. E. E., (1888) Art. 4, Sec. 688. 717. Every such inquisition shall describe the property Description of taken or the bounds of the land condemned, and the property quantity or duration of the interest in the same valued to the Mayor and City Council of Baltimore ; and such valu- ation, when paid or tendered to the owner of said property or his legal representatives, shall entitle the Mayor and City Council of Baltimore to the full, legal and equitable title, interest and estate of the owners of said property, estate and interest in the same thus valued, as fully as it had been held by the owners of the same ; and the valuation, if not received when tendered, may at any time thereafter be received without interest by the said owners, or their legal representatives. P. E. E., (1860) Art. 4, Sec. 649. P. E. E., (1888) Art. 4, Sec. 689. 718. If the twenty jurors summoned as hereinbefore directed shall not appear at the time and place mentioned, other jurors, the Sheriff or his deputy shall forthwith summon other freeholders of the City, qualified as before directed to make up the said jury to the number of twelve. P. E. E., (1888) Art. 4, Sec. 650. P. E. E., (1888) Art. 4. Sec. 690. 719. The jurors summoned and attending shall be Per diem of allowed one dollar per day for their services ; the Sheriff shall be allowed the same fees as for summoning jurors to the Superior Court, and two dollars a day for each day he or his deputy shall attend upon such inquisition ; and such expenses shall be paid by the Mayor and City Council of 434 MISCELLANEOUS LOCAL LAWS. Baltimore, except in cases of objection to the confirmation of the inquisition, when the costs in said court, may be awarded in the discretion of the court. MORTGAGES.** 1833, ch. 181. 1836, ch. 249. P. L. L., (I860) Art. 4, Sec. 782. P. L. L., (1888) Art. 4, Sec. 692. 1890, ch. 197. 720. In all cases of conveyances of lands or herdita- ments or of chattels real, or goods and chattels personal, situate in the said City, wherein the mortgagor shall declare Assent to de- his assent to the passing of a decree for the sale of the cree o sa e. shall be lawful for the mortgagee or his assigns at any time after filing the same to be recorded, to submit to either of the Circuit Courts of Baltimore City the said conveyances or copies thereof, under seal of the Superior Court ; and the Circuit Court to which the same is so sub- mitted, may thereupon forthwith decree that the mortgaged Sale. premises shall be sold at any one of the periods limited in said conveyances for the forfeiture of said mortgages or limited for a default of the mortgagors, and on such terms of sale as to the said court may seem proper, and shall appoint by said decree a trustee or trustees for making such sale, and shall require bond and security for the perform- ance of the trust as is usual in cases of sales of mortgaged premises. Eichelberger v. Harrison, 3 Md. Dec. 39. Cronise v. Clark, 4 Md. ch. Dec. 403. Williams v. Williams, 7 Gill 302. Ing v. Cromwell, 4 Md. 31. Gatchell v. Presstman, 5 Md. 161. Kauffman v. Walker, 9 Md. 229. Robertson v. Amer. Homestead Association, 10 Md. 397. Kenly v. Wiernian, 18 Md. 302. Black v. Carroll, 24 Md. 252. Franz V. Teutonia Bldg. Ass’n, 24 Md. 269. Brooks v. Hayes, 24 Md. 518. Seebold v. Lockner, 30 Md. 133. Tome v. Merchants and Me chanics Bldg. Ass’n., 34 Md. 12. Heiusler v. Nikum, 38 Md. 270. Shaefer v. Ami- cable P. L. & L. Co., 47 Md. 126. Kerchner v. Kempton, 47 Md. 568. **Note. — Mortgages ; Powers of Circuit Court No. 2. Circuit Court No. 2 of Baltimore City has power to pass an e:r parte decree authorized by a mortgage executed prior to the establishment of said court. Miller V. Gunkle, Daily Record, April 2, 1892. Powers of Sale aud Assent to Decree. The power of sale and assent to the passage of a decree contained in a mortgage, is a power coupled with an interest. Easter v. Easter, Daily Record, January 23, 1897. MORTGAGES — SALES UNDER DECREES. 435 Gustave Adolph Bldg. Ass’n v. Kratz, 55 Md. 394. Abrahams v. Tappe, 60 Md. 317, Trayhern v. Colburn, 66 Md. 280. Bernstein v. Hobelman, 70 Md. 29. Chilton v. Brooks, 71 Md. 445. Roberts v. Loyola Bldg. Ass’n, 74 Md. 1. Haskie v. James, 75 Md. 568. Hughes v. Riggs, 84 Md. 505. Connaughton v. Bernard, 84 Md. 589. Knapp v. Anderson, 89 Md. 189. 1833, ch. 181. 1880, ch. 216. P. L. L., (1888) Art. 4, Sec. 693. 721. The trustee or trustees so appointed, after having given bond with security, may, after the arrival of the period limited by the decree for a sale, sell, agreeably to the terms of said decree, the mortgaged property or any part thereof ; the mortgagees, their executors, administrators or assigns, if the mortgage claim shall have been assigned procedure, before such sale, or their duly constituted agent or attorney, after the arrival of the period aforesaid, verifying by their oath a statement of the amount of said mortgage claim re- maining due, before the Judge of said court or before any Justice of the Peace of this State, the official character of any Justice of the Peace for any county being certified under his official seal by the Clerk of the Circuit Court for the county where the affidavit is made, where the affidavit is made outside of the City of Baltimore or before any person outside of this State authorized to take acknowledg- ments of deeds ; and such statement shall be filed in said court. Hays V. Dorsey, 5 Md, 99. Ziegler v. King, 9 Md. 330. White v. Malcolm, 15 Md. 529. Brooks v. Hayes, 24 Md. 507. Md. Perm. Bldg. Society v. Smith, 41 Md. 516. Hughes z'. Riggs, 84 Md. 505. McCause- land V. Humane, etc.. Society, 95 Md. 744. P. L. L., (I860) Art. 4, Sec. 784. P. L. L., (1888) Art. 4, vSec. 694. 722. Such sales and the conveyances thereupon shall have the same effect, if finally ratified’ by said court, as if validity of the same had been made under decrees between the proper parties in relation to the mortgages, and in the usual course of said court. Gatchell v. Presstman, 5 Md. 161. McDowell v. Goldsmith, 6 Md. 319. Monumental B. Ass’n No. 2, v. Herman, 33 Md. 128. Morrill v. Gelston’s Lessee, 34 Md. 413. Carroll v. Kerschner, 47 Md. 262. Rau V. Robertson, 58 Md. 506. White v. McClellan, 62 Md. 347. Albert v. Hamilton, 76 Md. 304. 436 MISCELIvANEOUS LOCAL LAWS. P. L. L., (1860) Art. 4, Sec. 785. P. L. L., (1888) Art. 4, Sec. 695. Trustee’s 723. The trustee or trustees shall report the sales to the court for its consideration and ratification or rejection; and such orders shall pass therein touching such ratifica- tion as are usual on sales of mortgaged property in said court. Hardy v. Smith, 41 Md. 1. Haskie v. James, 75 Md. 568. Albert v. Hamilton, 76 Md. 309. P. L. L., (I860) Art. 4, Sec. 786. P. L. L., (1888) Art. 4, Sec. 696. aSfnSslie. Any allegations may be made, and proof under the orders of the said court exhibited, and a trial of the allegations had as the court shall prescribe, to show that the sales ought not to have been made.** Robertson v. Homestead Bldg. Ass’n, 10 Md. 407. Black v. Carroll, 24 Md. 251. Heuisler z/. Nickum, 38 Md. 273. Equitable M. L. I. Ass’n V. Becker, 45 Md. 632. Bernstein v. Hobelman, 70 Md. 29. Roberts v. Loyola P. B. A., 74 Md. 1. Haskie v. James, 75 Md. 568. Albert v. Hamilton, 76 Md. 304. Richardson v. Owens, 86 Md. 664. P. L. L.. (1860) Art. 4, Sec. 787. P. L. L., (1888) Art. 4, Sec. 697. 725. The said court, upon being satisfied of the truth of said allegations, shall reject and set aside the sale, and Voiding sales, in such case no part of the costs or expenses or trustee’s commission, if any such commission be claimable, in rela- tion to the said sales, shall be chargeable upon said property, or the mortgagors, their heirs, executors, administrators or assigns, but shall be wholly chargeable against the persons at whose instance or for whose benefit the said sales shall have been proposed to be made. Equitable Land Impmt. Ass’n v. Becker, 45 Md. 634. 1833, ch. 181. P. L. L., (I860) Art. 4, Sec. 788. P. L. L., (1888) Art. 4, Sec. 698. Docketeentries 726. The clerk of said court shall file and record the fngr. * said decrees, and docket the cases of the application there- for ; and in the said decree, and to be recorded therewith. **Note. — T he cases cited under Section 724, mainly relate to proceed- ings instituted to set aside sales under this sub-division of this Article. MORTGAGES — ASSIGNMENT AND SATISFACTION OF DECREES. 437 shall file a copy of the mortgage upon which the same was rendered, and shall be entitled to the usual fees for such services. 1833, ch. 181. P. L. L , (I860) Art. 4, Sec. 789. P. L. L., (1888) Art. 4, Sec. 699. 727. Any entry on the docket of said court by the per- son entitled to assign the said mortgage claim, of the use and benefit of said decrees-, shall have the same eifect as assignments and conveyances of the said mortgage inter- ests, to have effect and precedence from the time of their respective entries ; and the said entries shall not be made without an order or direction in writing, to be acknowledged before the Judge of said court, or a Justice of the Peace, by the persons purporting to sign the same, and filed and recorded by said clerk. 1833, ch. 181. P. L. L., (1860) Art. 4, Sec. 790. P. L. L., (1888) Art. 4, Sec. 700. 728. The duly authorized entries upon the docket of said court, of the satisfaction of said decrees, and the dis- ® Decree!^” charge of said mortgage claims, made by the persons entitled to receive said claims, shall have the same effect to discharge the mortgaged property of said mortgage, and all liens thereunder, as any conveyances by the parties interested in such claims, and the holders of the legal estate and interest therein, if competent to convey, could have at law or in equity; but such entries shall not be made with- out an order or direction in writing, acknowledged by the persons purporting to have signed the same, before the Judge of said court, or a Justice of the Peace, and filed by the clerk of said court; and the entries shall refer to such orders or directions, and the names of the persons afore- said; and said order and directions shall be recorded in said court with said decrees. 1833, ch. 181. P. Iv. L., (1860) Art. 4, Sec. 791. P. h. L., (1888) Art. 4, Sec. 701 729. The said court may, at its discretion, from time to time, appoint any other trustee or trustees in place of trustees. 438 MISCEIvIvANKOUS LOCAE EAWS. those appointed by the decree; . and the proceeds of such sales shall be accounted for, to, and distributed by, said Distribution, eourt, in the manner usual in cases of sales under decrees of said court. • P. L. L., (1860) Art. 4, Sec. 792. P. L. L., (1888) Art. 4, Sec. 702. , ^ 730. Any mortgagee of property in the City of Balti- ales under , . . i n . General Law. more, his assignee or executor, where a power to sell is contained in the mortgage, may proceed under Article 66 of the Public General Laws, title “Mortgages, ” but notices of sale under such power shall be published in two daily newspapers in said City for a period required by law.** Chilton V. Brooks, 71 Md. 445, 453. Roberts v. Eoyola P. B. Ass’n., 74 Md. 3, 4. Knapp v. Anderson, 89 Md. 190. **NOTE. — Points of Issue and Dicta of the Court in Cases Arising out of the Exercise of the Powers Conferred by Section 730 of the Charter. Advejdisement. Requisites of a valid advertisement. — Kaufman v. Walker, 9 Md. 229. White v. Malcolm, 15 Md. 529. Reeside v. Peter, 33 Md. 120. Stevens v. Bond, 44 Md. 506. Wareheim v. Building Ass’n., 44 Md. 512. Dircks v. Logsdon, 59 Md. 173. Mistakes in advertisement; effect of. — Brooks v. Hays, 24 Md. 507. Patterson v. Miller, 52 Md. 388. Annexation Act. Effect of, on power to sell. — Chilton v. Brooks, 71 Md. 445. Roberts v. Loyola P. B. Ass’n., 74 Md. 3. Assignme^it of Mortgage. Effect on power of sale. — Russum v. Wauser, 53 Md. 92. Bouldin v. Reynolds, 58 Md. 491 and Erb v. Grimes, 94 Md. 92. Auctio7ieer. See, “Mis-statement of Auctioneer.” Audit. When audit may be dispensed with. — Korns v. Shaffer, 27 Md. 83. Bond of Foreclosure. — See, Cockey v. Coale, 28 Md. 276 and Ware- heim V. Carroll Bldg. Ass’n., 44 Md. 512. Commissions. Commissions in mortgage sales are not chargeable against the mortgagor as being embraced in the term “expenses of sale,” Johnson v. Glenn, 80 Md. 369. Commissions in mortgage sales are a matter of contract. — Dorsey v. Omo. 93 Md. 74. Debt. Nature of mortgage debt. — W. M. R. R. Co., v. Goodwin, 77 Md. 271. Decree. Effect of void decree. — Kerchner v. Kempton, 47 Md. 568. Default. See, “Insurance and Interest.” MORTGAGES — DEFAULT BEFORE DECREE. 439 1833 ch. 181 Sec. 3. 1864, ch. 124 P. L. L.. (1888) Art. 4. Sec. 703. 731 . Where a default of the mortgagors has taken place ^ , before the said conveyances have been submitted to the decree. Circuit Court of Baltimore City, it shall, nevertheless, be the duty of said court, upon the submission of the said conveyances to such court, after the said default, to forth- with decree that the mortgaged premises shall be sold on such terms of sale as to the said court shall seem proper, and to appoint by said decree a trustee or trustees to make such sale, requiring bond and security for the performance of the trust, as is usual in the case of the sale of mort- gaged premises; and the said trustee or trustees may sell the same agreeably to the terms of the said decree; but before each sale the mortgagee or mortgagees, or some of the mortgagees, or the executor or administrator of a deceased mortgagee, or the assignee or assignees of the mortgagee or one of such assignees, or the executor, or administrator of a deceased assignee, shall file in the court Exceptio7is. When and by whom exceptions to ratification of sale may be filed. — Aukum v. Jantziger, 94 Md. 421. Bond v. Gray Imp. Co., 102 Md. 426. Expenses oj Sale. See., “Commissions,” Inadequacy of Price. When sufficient ground for setting aside sale under power to sell, — Harnickell v. Orndroff, 35 Md. 341. Horsey v. Hough, 38 Md. 130. Condon v. Maynard, 71 Md. 601. Carroll v. Hut- ton, 91 Md. 379. Insiu'ance. When failure to pay • constitutes default. - Walker v. Cockey, 38 Md. 75, Right of mortgagee to insurance on mortgaged premises when fire takes place after sale, but before ratification there- of. — Bowdoin v. Hammond, 79 Md. 173. Interest. When non-payment of interest constitutes default. — Mow- bray V. Leckie, 42 Md. 474. Acceptance if interest by mortgagee after default does not constitute waiver of latter’s right to foreclosure. — Mahoney v. McCubbin, 52 Md. 357. Jurisdiction. Jurisdiction of court in sales under powers. — Cockey v. Coale, 28 Md, 276. Misstatements. Setting aside sale under a power on account of mis- statements of auctioneer. — Schaeffer v. Bond, 70 Md. 480. Mortgage Notes. When filing of same unnecessary. — Heidel v. Bladen. 83 Md. 225. 440 MISCELLANEOUS LOCAL LAWS. in which the said proceedings are pending, a statement of the amount of the said mortgaged claim remaining due, verifying the same by the oath or affirmation of the party filing the same; and the said affidavit or affirmation may be made before any of the persons mentioned in section 721 of this Article, and the same shall be authenticated as provided for in section 721. Hays V. Dorsey, 5 Md. 99. Gatchell v. Presstman, 5, Md. 161. Black V. Carroll, 24 Md. 252. Brooks v. Hays, 24 Md. 507. Connaugh- toii z'. Bernard, 84 Md. 595. 1898, ch. 327. )ecree en- §73 la. If, upon a Sale of the whole mortgaged property SortgaloT.^^by virtue of a decree passed under an assent to the passing of a decree contained in the mortgage under the provisions of section 720 of this Article, the net proceeds of sale, after the cost and expenses allowed by the court are satisfied, shall not suffice to pay the mortgage debt and accrued interest. Mortgagor. Effect of death of on power to sell. — Berry v. Skinner, 30 Md. 567. Notice. Requisites of Valid Notice of Sale. White v. Malcolm, 15 Md. 529. Dircks v. Logsdon, 59 Md. 173. Carroll v. Hutton, 91 Md. 379. Errors in Notice.— White z-. McClellan, 62 Md. 347. Power to Sell. The power to sell is a power coupled with an inter- est. — Berry v. Skinner, 30 Md. 567. Dill v. Satterfield, 34 Md. 52. Har- nickell v. Orndorff, 35 Md. 541. W. M. R. R. Co. v. Goodwin, 77 Md. 271. And as such is assignable. — Russum v. Wauser, 53 Md. 92. Bouldin v. Reynolds, 58 Md. 491; Erb v. Grimes, 94 Md. 92. Is a power coupled with an interest when conferred on the mortgagee. — W. M. R. R. Co., V. Goodwin, 77 Md. 271. A^id not when conferred on a third party who has no interest in the estate and, does not pass to his personal representatives. — Barrick v. Horner, 78 Md. 253. Wher'e an Assigmnent is Made for the purpose of foreclosure only, the power to sell is not a power coupled with an interest and does not pass to the personal representatives of the assignee, nor can latter exer- cise same. — Tajdor v. Carroll, 89 Md. 32. The Mortgagee' s Power of sale is not affected by an order of the Orphans’ Court directing the mortgagor’s executor to sell the mortgaged premises. — Mish v. Lechlider, 89 Md. 275. MORTGAGES — DECREE AGAINST MORTGAGOR. 441 as the same shall be found and determined by the judgment of the court upon the report of the auditor thereof, the court may, upon the motion of the plaintiff, the mortgagee or his legal or equitable assignee, after due notice, by summons or otherwise, as the court may direct, enter a decree in personam against the mortgagor or other party to the suit or proceeding, who is liable for the payment thereof, for the amount of such deficiency; provided the mortgagee or his legal or equitable assignee would be entitled to maintain an action at law upon the covenants contained in the mortgage for said residue of said mortgage debt so remaining unpaid and unsatisfied by the proceeds of such sale or sales; which decree shall have the same effect and be a lien as in a case of a judgment at law, and may be enforced in like manner by a writ of execution in the nature of a writ of fieri facias by attachment or other- wise. Tfiough not Exercisable by a corporation as assignee, a power of sale may be exercised by the assignee of such corporation. — Maslin v. Mar- shall, 94 Md. 430. Ratification of Sale. Grounds# for objection to ratification of sale under power to sell. — Hubbard v. Jarrell, 23 Md. 66. Sales. A sale for cash where terms of sale are not stated in mortgage is valid. — Powell v. Hopkins, 38 Md. 1. When a sale hi solido will be set aside. — Patterson v. Miller, 52 Md. 388. A power to sell property outside of the county in which it lies cannot be given in a mortgage. — Webb V. Haeffer, 53 Md. 187. No order oj Orphans' Courtis required in sales of mortgaged property by executors of assignee of mortgage. — Chilton V. Brooks, 71 Md. 453. Sales where division of land was im- proper. — Carroll v. Hutton, 91 Md. 379. The discretion of the trustee as to the mode of offering property for sale under power to sell in mort- gage must be properly exercised. — Thomas v. Fewster, 95 Md. 450. When sale will be set aside. — Kauffman v. Walker, 9 Md. 229. Only sujfictent property should be offered for sale to pay the mortgage debt and expenses when the property is divi.sible in a practical manner. — Mays V. Lee, 100 Md. 229. Sale by assignee of mortgage under power of sale; duty of such assignee. — Wicks v. Westcott, 59 Md. 270. Trustee. A trustee cannot purchase at his own sale. — Korns v. Shaf- fer, 27 Md, 83. Duty of trustee under power to sell to all parties. — Dickerson v. Small, 64 Md. 395. Carroll v. Hutton, 88 Md. 679. For a full discussion of duties of trustee in relation to sales of mortgaged droperty under power of sale. See, Wicks v. Westcott, 59 Md. 270. 442 MISCELI.ANKOUS LOCAE EAWS. 1864, cli. 124. P. L. L., (1888) Art. 4, Sec. 704. ^??iSons° 722 -^ The provisions of sections 722 to 729, inclusive, of 729tosec.73i. ^]^jg Articlo, shull apply to all the proceedings under sec- tion 731. NOTARIES PUBLIC.* 1801, ch. 86, Sec, 2. 1872, ch. 191. 1880, ch. 21. 1886, ch. 14. 1890, cb. 71. 1892, ch.373. 1896, ch. 137. 1898, ch. 81. 1898, ch. 123. 1900, ch. 150. 1902, ch. 112. 1902, ch. 321. 1904, ch. 15. P. G. E., (1860) Art. 67, Sec. 1. P. L. L., (1888) Art. 4, Secs. 704A, 704A 1-2. Number of No- 733. The Governor, by and with the consent of the Governor Senate, shall appoint and commission twenty Notaries may appoint, each of the Legislative Districts of Baltimore City, and twenty Notaries Public at large for said City, to - be selected from such districts as the Governor may elect and determine. 1904, ch. 227. AdditonaiNo- 733 A. In addition to the Notaries Public heretofore taries Public may be ap- authorized and mentioned in section 733 of this Article (as pointed. ^ repealed and re-enacted by the Acts of the General Assem- bly of 1904), the Governor, by and with the advice and consent of the Senate, shall appoint and commission twenty-five additional Notaries Public at large, to be selected from such ward or wards as the Governor may elect and determine. 1906, ch. 317, Sec. 1. Appointment §733 A, a. The Governor, by and with the advice and ai Notaries^”' consent of the Senate, is authorized to appoint twenty authorized. Notai'ies Public for Baltimore City two of whom may be females, in addition to the number now authorized by law. *NoTE. — As to how far a Notary Public may impeach his certificate, see, Central Bank v. Copeland, 18 Md. 305. Matthews ‘p. Dare, 20 Md. 271. Highburger v. Stiffler, 21 Md. 351. Nicholson z>. Snyder, 97, Md. 415. OYSTERS — PARKS AND SQUARES. 443 1904, ch. 15. 734 . No person shall be eligible to the office of Notary Eligibility of ^ ^ . appointees. Public except a citizen of the United States who has resided in the State for two years previous to his appoint- ment ; but women otherwise qualified, shall be eligible to said office, provided the number of said women so appointed and commissioned shall not exceed ten in number. OYSTERS. 1892, ch. 630. P. E. E., (1888) Art. 4, Sec. 704B. 735 . All oysters in the shell sold in the City of Baltimore shall be measured by a licensed measurer ; any ^mTaYurers, person may obtain a license therefor from the Clerk of the Court of Common Pleas by paying therefor the sum of ten dollars and taking an oath before said clerk for the faith- ful performance of his duty ; said license shall hold good for one year ; a measurer shall receive for his services one-half cent per bushel, to be paid equally by the buyer and seller ; any person violating the provisions of this sec- tion shall be deemed guilty of a misdemeanor, and on con- viction, shall be fined not less than twenty nor more than Penalty, fifty dollars for each offence, and imprisoned until the fine and costs shall be paid. PARKS AND SQUARES.* 1876, ch. 344. P. E. E., (1888) Art. 4, Sec. 712. 736 . The Board of Park Commissioners, for the pur- zooiogkai pose specified in section 96 of this Article, is empowered to ° form a zoological collection within the. limits of any of the parks and squares under its control. *Note. — T he Act 1906, ch. 58, authorizes the Mayor and City Coun- cil of Baltimore to retain as a public reservation or park, the triangular lot of ground at the intersection of Hopkins Place and Baltimore street. 444 MISCELLANEOUS LOCAL LAWS. 1876, ch. 344. P. L. L., (1888) Art. 4, Sec. 713. 737. The said Commissioners are authorized to receive subscnpti^ns, subscriptioRs of money for the purpose of said collection cates of stock not to excccd in amount one hundred thousand dollars, and tor such . purpose. to issuo Certificates of stock therefor, in sums of not less than one hundred dollars, each bearing interest at the rate of six per cent., payable half-yearly out of the income de- rived from said collection, which certificates shall be signed by a member of said Commissioners appointed by them for the purpose, and the secretary thereof, and have attached thereto a seal, which the said Commissioners are authorized to adopt for the purpose. 1876, ch. 344. P. E. L., (1888) Art. 4, Sec. 714. 738. In addition to the six per cent, interest aforesaid, each holder of a certificate shall be entitled to receive for every one hundred dollars subscribed by him or her, as many free entrance tickets to the zoological collection as the said Commissioners may deem proper. 1886, ch. 438. P. E. E., (1888) Art. 4, Sec. 720. 739. The Mayor and City Council of Baltimore are authorized to issue bonds or certificates of indebtedness of said corporation to an amount not exceeding one hundred ^"iruthw^s?ern thousand dollars, to be applied to the purchase of ground part of City. ^Yiq establishment of a park in that portion of the City of Baltimore lying west of Poppleton street and south of Franklin street in said City ; which said bonds or cer- tificates of indebtedness shall be payable at such times and bear such rate of interest not exceeding three and one-half per centum per annum, as the said Mayor and City Council shall provide by ordinance ; provided, that the said bonds Bonds. or certificates of indebtedness shall not be issued unless the ordinance which the Mayor and City Council of Baltimore are authorized to enact for that purpose shall be approved by a majority of the votes of the legal voters of said City, cast at the time and places to be designated by said ordi- nance, in the provision for submitting the same to the legal PARKS AND SQUARES — PARK LOAN. 445 voters of said City, as required by section 7, Article XI, of the Constitution of Maryland ; provided, however, that the said bonds or certificates of indebtedness shall not be sold for less than par ; and the said Mayor and City Council of Baltimore are authorized to provide by ordinance for the laying of such an annual tax as shall be sufficient to pay interest, the interest on said bonds or certificates of indebtedness, and provide a sinking fund for their redemption at maturity. 1904, ch. 42. §739a. From and after the date of the passage of this Act no building, except churches, shall be erected or buifdi?g^ altered in the City of Baltimore on the territory bounded waSiSgton by the south side of Madison street, the west side of St. Monument. Paul street, the north side of Centre street, and the east side of Cathedral street, to exceed in height a point seventy feet above the surface of the street at the base line of the Washington Monument. Park Improvement Loan. * 1904, ch. 338. §739b. The Mayor and City Council of Baltimore is hereby authorized to issue its stock to an amount not exceeding one million dollars, said stock to be issued from time to time as the Mayor and City Council of Baltimore shall by ordinance prescribe, and to be issued for such amounts and to be payable at such time and to bear such rate of interest as the Mayor and City Council of Baltimore shall by ordinance provide ; and the proceeds thereof to be used for the extension of the present park system of the issue stock City of Baltimore, and for the development and improve- ofB^uiwJ’s ment for park purposes of the lands over which it shall be system so extended, in such manner as the Mayor and City Council of Baltimore, shall by special ordinance or *Note. — By the Act 1906, ch. 728, the Mayor and City Council of Baltimore is authorized to issue $1,000,000 of city stock for the purpose of extending the Park system when an ordinance providing for the same shall be submitted to and approved by the people. The Act 1904, ch. 338, was approved by the people, November, 1904. 446 MISCKIvIvANEOUS local laws. ordinances, or by the annual Ordinance of Estimates,, prescribe ; but said stock shall not be issued in whole or in part unless the ordinance of the Mayor and City Council of Baltimore providing for the issuance thereof, shall be submitted to the legal voters of the City of Baltimore, at such time and place as may be fixed by said ordinance, and be approved by a majority of the votes cast at such time ^ place, as required by Section 7 of Article 11 of the of its citizens. Constitution of Maryland. 1904, ch. 338. §739c. The Mayor and City Council of Baltimore, acting by and through the agency of the Board of Park Power to ac- Commissionors, may acquire by gift, purchase, lease, tyhy whatever the duration of the lease, or other like methods purchase, acquisition or by condemnation, any land situate wholly or partly within the City of Baltimore, or within the counties of Baltimore, Anne Arundel, and Howard, or any interest, franchise, easement, right or privilege therein, which may be required for the purpose of extending said park system, as aforesaid, or any part or parts thereof, and when and so often as resort shall be had to condem- nation proceedings, the procedure shall be that marked out by Sections 360 to 365 inclusive, of Article 23 of the Code of Public General Laws of Maryland, relating to condem- nation of property by corporations, or so far as the acquisi- tion by condemnation of any such lands situate wholly or partly within the City of Baltimore, or any interest, franchise, easement, right or privilege therein is con- cerned, may, in such case or cases, at the option , of the Board of Park Commissioners, be such as may nov/ or at any time hereafter provided for by any lawful ordinance or ordinances of the Mayor and City Council of Baltimore, adopted pursuant to the powers conferred upon it by Section 6 of this Article, title ‘‘General Powers, sub-title, “Condemnation of Property, for the condemnation of any land or property or interest therein situated wholly or partly within the City of Baltimore, or such as may be provided for the very purpose by any lawful ordinance or PARKS AND SQUARES — PARK ROAN. 447 ordinances of the Mayor and City Council of, Baltimore which said ordinance or ordinances the said Mayor and City Council of Baltimore is hereby fully authorized to adopt ; provided, provision is made therein for reasonable notice to the owner or owners, and for appeals to the Baltimore City Court by any person interested, including \SLrested the Mayor and City Council of Baltimore, from the parties, decision of any Commissioners or other persons appointed to value any such land or interest, franchise, easement, right or privilege therein. 1904. cli. 338. §739d. In developing and improving any land acquired as aforesaid for park purposes, the Mayor and City Council restdcuon. of Baltimore shall be free from the restrictions created by Chapter 453 of the Acts of the General Assembly of Mary- land, approved April 8, 1902. * 1904, ch. 338. §739e. The interest on the loan authorized by this Act, and the sinking fund for the redemption of the said loan, shall be taken out of the receipts from the park tax on the street railway companies of Baltimore City, and not from the proceeds of the general tax levy. 1904, ch. 338. §739f. The Mayor and City Council of Baltimore are to expend hereby authorized and empowered to expend equally the proceeds of the loan authorized by this Act in the acquisi- tion of land in the four section of the city and suburbs indicated by the intersection of Charles and Baltimore streets. * *Note. — The Act of 1902, ch. 453 re-enacted section 840 of the City Charter. See post, page . *Note. — This loan was approved by the people at the election, November 7, 1905. See omnibtis ordinance, post. Art. 34, page — . 448 MISCELIvANBOUS BOCAE BAWS. Appointment. Term. Salary. Successors. Bond. POLICE COMMISSIONERS. Organization of Force. P. B. L., (1860) Art. 4, Sec. 806. 1860, ch. 7 1867, ch. 367. 1874, ch. 2. 1900, ch. 15. P. B. B., (1888) Art. 4, Sec. 722. 740. There shall be appointed by the Governor, by and with the advice and consent of the Senate, three sober and discreet persons, who shall have been registered voters in the City of Baltimore for three consecutive years next preced- ing the day of their appointment, who shall be known as the Board of Police Commissioners for the City of Baltimore ; two of said Commissioners shall always be adherents of the two leading political parties in the State, one of each of said parties. Any of said Commissioners shall be subject to removal by the Governor for official misconduct or incom- petency, in the manner provided by law in the case of other civil officers. Each of said commissioners shall be appointed for two years, and their term of office shall commence on the first Monday of May next ensuing their appointment, and they shall hold office until their respective successors are appointed and qualified ; each of said commissioners shall receive a salary of twenty-five hundred dollars per annum, payable quarterly. None of said commissioners shall be eligible to an elective or appointed office during the term for which he was apppointed, except under the militia laws of the State, or where the qualifications for such office are prescribed by the Constitution. As the term of office of any commissioners shall expire, as desig- nated above, his successor shall be appointed for two years, subject to the foregoing provisions and limitations. Before entering upon the duties of his office, each commissioner shall enter into bond to the State of Maryland, with one or more sureties, in the penalty of ten thousand dollars, con- ditioned for the faithful discharge of his duties as such commissioner ; said bond to be approved by the Judge of the Superior Court of the City of Baltimore, and to be kept and recorded by the clerk of said court, in the office thereof, together with the certificate of appointment as aforesaid, and shall also take and subscribe before the said Judge of POLICE COMMISSIONERS — ORGANIZATION OF BOARD. 449 the Superior Court, or the clerk thereof, the oath or affir-®^^^- mation prescribed by the sixth section of the first Article of the Constitution, and the further oath or affirmation, that in every appointment, promotion, reduction in rank or removal to be made by them, to, in or from the police force created and organized under this subdivision of this Article, they will in no case, and under no pretext, appoint, promote, reduce in rank or remove any policeman or officer of police, or detective, or any other person under them, for or on account of the political opinions or affiliations of such policeman, officer, detective or other person or for any other cause or reason than the fitness or unfitness of such person, in the best judgment of said commissioners, for the place to which he shall be appointed, or from which he shall be removed, and the said oath or affirmation shall be Recording recorded and preserved among the records of said court. Ma}’or and C. C. of Balto., v. State, 15 Md. 376. Mayor, etc., v. Howard, 20 Md. 335. Altvater v. Mayor, 31 Md. 462. Keyser v. Upshur, 92 Md. 728. 1867, ch. 367. 1900, ch. 15. P. L. L., (1888) Art. 4, Sec. 723. 741. The Board of Police Commissioners, on entering officers of upon their duties as such, shall select one of their number who shall be the president, and one of their number who shall be the treasurer thereof ; all votes on appointments into the Police force, and on promotions, reductions in rank therein, and dismissals of officers therefrom, and all votes awarding contracts or for the expenditures of any money shall be by a yea and nay vote, which shall be plainly re- corded in the minute book of The Board of Police commis- votes to be sioners, showing how each member of the Board has voted on each of said questions. This minute book shall at all times be open under reasonable regulations to the inspec- tion of the public. In case of the death, resignation, removal or disqualification of any commissioner, the Governor shall appoint a successor for the remainder of the term so vacated, subject to the provisions of the foregoing section, and of the Constitution of the State ; provided, 450 MISCEIvIvANKOUS LOCAL LAWS. Secretary. Duties. Bond. Salary. Assistant Secretary. Salary. that the present Board of Police Commissioners shall con- tinue in office until the first Monday in May, nineteen hundred, with the right of removal, and to fill vacancies on the part of the Governor as provided by law. Keyser v. Upshur, 92, Md. 728, 739. 1884, ch. 176. P. L. L., (1888) Art. 4, Sec. 724. 1906, ch. 129. 742. The said Board of Police Commissioners shall select some suitable person to act as Secretary to the Board, whose duty it shall be to keep minutes of the proceedings of the Board, take charge by the direction of the Board of all property seized or found by the police or detectives, and to perform all clerical and proper duties required of him by said Board ; and it shall be the further duty of said secretary to prepare forms of all poll books and elec- tion returns, warrants of arrests and commitments to be used by Judges of election for all elections held in Baltimore City, to superintend carefully the printing thereof and to perform all other clerical duties devolved upon said Board by law in connection with all elections held in said City, as may be required of him by said Board ; said Secretary shall enter into bond to the State of Maryland in the same manner as is by law prescribed for said Commissioners in the sum of $5000.00, conditioned for the faithful discharge of his duties aforesaid and the safe keeping of all proper- ty placed in his hands as aforesaid and shall receive the salary of twenty one hundred and fifty dollars per annum payable monthly. P. L. U., (1888) Art. 4, Sec. 724A. 1892, ch. 549. 1906, ch. 129. 743. The Board of Police Commissioners are hereby authorized to employ an additional officer to be known as assistant secretary to the board, whose salary shall be thirteen hundred and fifty dollars per annum payable monthly. POLICE COMMISSIONERS — DUTIES AND POWERS. 451 P. L. Iv., (1860) Art. 4. Sec. 808. 1860, ch. 7. 1867, ch. 367. 1890,. ch. 574, P. L. L., (1888) Art. 4, Sec. 725. 744 . The duties of the Board of Police Commissioners hereby created shall be as follows : They shall at all times of the day and night, within the boundaries of the City of ^BoSd.^ Baltimore, as well on the water as on the land, preserve the public peace, prevent crime and arrest offenders, protect the rights of persons and property, guard the^ the peace, etc. public health, preserve order at primary meetings and elections, and at all public meetings and conventions and on all public occasions and places, prevent and remove nuisances in all the streets and highways, waters and water-courses, and all other places, provide a proper police force at every fire for the protection of firemen and Fires, etc. property, protect strangers, emigrants and travelers at all steamboat, ferry-boat and ship landings and railway stations, see that all laws relating to elections, and to the observance of Sunday, and regarding pawnbrokers, gambling, intemperance, lotteries and lottery policies, vagrants, disorderly persons and the public health are enforced, and also to enforce all laws, ordinances of the To^e^force Mayor and City Council of Baltimore, not inconsistent with ordinances, the provisions of this sub-division of this Article, or of any law of the State which may be properly enforceable by a police force ; and in case the said Board of Police Com- missioners shall have reason to believe that any person within the limits of the City of Baltimore intends leaving the City for the purpose of committing any breach of the peace, or of violating any law of the State beyond the Breach of limits of the City, upon the Chesapeake bay or on any river, creek, inlet, water-course, or at any other place on land or water within the State of Maryland, it shall be the duty of the said Board of Police Commissioners to cause such person to be followed, and to take the most effectual means for the suppression and prevention of such outrage, when any such shall be attempted, and to cause the arrest of all such offenders; provided, however, that if any crime be actually committed by such person, the offender shall be delivered to the proper jurisdiction for trial and punishment ; any person charged with the commission of 452 MISCEIvLANKOUS EOCAL LAWS. crime in the City of Baltimore and against whom criminal process shall have issued, may be arrested upon the same in any part of the State by the police force created under this sub-division of this Article, under such rules and regulations as the Board of Police Commissioners may adopt ; and the said Board shall have power to summon witnesses before it and to administer oaths or affirmations to such witnesses whenever, in the judgment of the said Board, it may be necessary for the effectual discharge of their duties under this sub-division of this Article ; and any person failing to appear in answer to said summons, or refusing to testify, shall be subject to a penalty of not less than twenty-five nor more than fifty dollars, to be recovered by civil action in the name of the State, to the use of the said Board, or by indictment in the Criminal Court of Baltimore ; false swearing on the part of any such witness shall be deemed perjury, and shall be punished as such. Altvater v. Mayor, 31 Md. 462, Mitchell v. Lemon, 34 Md, 176. Flynn v. Canton Co., 40 Md. 312. Roddy v. Finnegan, 43 Md. 492. State V. Strauss, 49 Md. 288. Brotherton v. Board of Police Commis- sioners, 49 Md. 495. Sinclair v. Baltimore, 59 Md. 597. Police Com- missioners, Baltimore City, v. Wagner, 93 Md. 192, Upshur v. Mayor, etc., 94 Md. 743. Upshur v. Ward, 94 Md. 778, Wagner v. Upshur, 95 Md. 519. State v. Hymen, 98 Md. 621 (approving Baltimore City v. Wagner, 93 Md. 192). P. L. L., (I860) Art. 4, Sec. 809. 1886, ch. 186. 1888, ch. 500. 1888, ch. 98, Sec. 24. 1888, ch. 303. 1890, ch. 124. 1894, ch. 240. 1900, ch. 425. P. L. L., (1888) Art. 4, Sec. 726. 1906, ch. 129. 746. The said Board of Police Commissioners are ® arm, authorized, and required, immediately on entering on pSilce for?e^ their duties of their office to appoint, enroll and employ a permanent police force for the City of Baltimore, which they shall arm and equip as they may judge necessary, under such rules and regulations as they may from time to time prescribe, and the said Board shall have the power to remove any police officer or officer of police or any detec- tive, for the violation of any rule or regulation which they may make and promulgate to said police force, officers of POLICE COMMISSIONERS— FORCE OF POLICE. 453 police, or any detective ; said police force shall consist of one Marshal and one Deputy Marshal of Police of the City, one Captain, two round sergeants, two turnkeys, (who shall have the rank of patrolman) and one clerk at each station house, which said clerk shall receive the salary of twenty dollars per week ; one Captain Commander who shall be assigned to the management and command of the police patrol boat provided for in Section 778 of this Article, twenty-one Lieutenants, two of whom shall be assigned to each station house ; one of whom shall be assigned to the said police patrol boat and who shall be styled First Officer, one of whom shall have the charge of the mounted force and the horses, wagons, and stables ; one of whom shall be the superintendent of the Police Signal and Telephone Service, one of whom shall be assigned to duty in connection with the Bureau of Identification, and one of whom shall be assigned to night duty at Police Headquarters ; one captain of detectives ; detectives not exceeding twenty-five, who shall not be allowed to follow any business or profession, but who shall devote their entire time to the discharge of their duties as detectives ; such number of sergeants as the Board in their judgment may deem necessary for each police district in said City ; one additional round-sergeant who shall be assigned as assistant to the superintendent of the police signal and telephone service ; seven hundred and twenty-five patrol- men, and fifty probationers. The said police force may be increased at any time if in the opinion of the Board the public peace shall so require, to any number and for such periods of time as they may think proper by the appoint- ment of Special Policemen, who shall receive the sum of $2.50 per day for their services. The members of the pay. police force shall receive the following salaries, payable every two weeks : The Marshal receive twenty-six hun- dred and fifty dollars per annum ; the Deputy Marshal twenty-one hundred and fifty dollars per annum ; each Captain, including the Captain of Detectives and Captain Commander shall receive thirty-two dollars per week ; each Lieutenant twenty-seven dollars per week, each round sergeant and detective twenty-five dollars per week ; each 454 MISCKLIvANEOUS EOCAE EAWS. sergeant twenty-two dollars per week ; each patrolman and turnkey twenty dollars per week, and each probationer ^ virions dollars per week. Nothing herein contained shall construed in any manner changing or altering the force. method of making appointments to promotions in, or re- movals from the police force as prescribed in Chapter 16 of the Acts of 1900, but said police force shall be regulated and managed in all respects in accordance with said Chap- ter 16 of said Acts of 1900 ; and provided further, that nothing herein contained shall be construed to legislate out of office any police officer, detective or officer of police now in the force, or any employee of the Board of Police Com- missioners. Keyser v. Upshur, 92 Md. 726. Upshur z/. Ward, 94 Md. 778. Upshur V. Hamilton, 95 Md. 566. Cf.^ Baltimore v. Poultney, 25 Md. 32. 1900, ch. 16. 1902, ch. 591. Police Exami- 745 A. There shall be appointed by the Governor, by ners appoint- advico of the Senate, three sober and discreet persons, who shall be registered voters of the City of Baltimore, for three consecutive years next preceding the day of their appointment, who shall be known as the Board of Police Examiners of Baltimore City. Two of said examiners shall be adherents of the two leading parties in the State, one of each of said parties. Any of said Board of Police Examiners shall be subject to removal by the Governor for official misconduct or incompetency, in the manner provided by law in case of other civil officers. Each of said Board of Police Examiners shall be appointed for two years, and they shall hold office until their respec- tive successors are appointed and qualified. Each of said Board of Police Examiners shall receive a salary of one iSd thousand two hundred dollars per annum, payable monthly. TminerS''’ Nono of Said Board of Police Examiners shall be eligible to an elective or appointive office, except under the militia laws of the State; as the term of any examiner shall expire as designated above, his successor shall be appointed for two years, subject to the foregoing provisions and limita- tions. Before entering upon the duties of his office, each POLICE COMMISSIONERS — BOARD OF POLICE EXAMINERS. 455 member of said Board of Police Examiners shall take and subscribe before the Judge of the Supreme Court of the City of Baltimore, or the Clerk thereof, the oath or affirm- ation prescribed by the sixth section of the first article of the Constitution, and the further oath or affirmation that °take°.^^ in every nomination to the Board of Police Commissioners for Baltimore City of any person for appointment as Police Officer, Officer of Police or Detective, for promotion, they shall in no case and under no pretext make such nomination for or on account of the religion or political opinions or affilia- tions of the person nominated by them, or for any other cause or reason than the fitness of such person in the best judgment of said Board of Police Examiners for the place to which he shall be nominated ; and said oath or affirmation shall be recorded and preserved among the records of said Court. Keyser v. Upshur, 92 Md. 728, Upshur v. Ward, 94 Md. 778. Upshur V. Hamilton, 65 Md. 561. * 1900, ch. 16. 745B. The said Board of Police Examiners may elects, . Election of one of its members to be president, and may employ a officers and secretary, who shall hold office during the pleasure of the tion. Board. The secretary shall receive a salary of $1,200 per annum, payable monthly, and his duties shall be such as may be prescribed from time to time by said Board of Police Examiners. *Keyser v. Upshur, 92 Md. 726. 1900, ch. 16. 745C. It shall be the duty of the Mayor and City Council of Baltimore to cause suitable rooms and acommo- tions. dations to be assigned and provided, and to be furnished, heated and lighted, in the City of Baltimore for carrying on the work and examination of the said Board of Police Examiners ; and said Board may order the necessary stationery, postage stamps, official seals and other articles to be supplied, and the necessary printing to be done for its official use. ‘Keyser v. Upshur, 92 Md. 726. 456 MISCEIvIvANEOUS EOCAE EAWS. Rules and regulations. Examiners to report names of candidates for appoint- ment to Police Force to Board of Police Com- missioners, by graded lists. Competitive ex- amination for candi- dates. Character of such exami- nation. Eists to be open to inspection of public. 1900, ch. 16. 745 D. It shall be the duty of the said Board of Police Examiners, and they are hereby authorized and empowered to prescribe, amend and enforce, definite and uniform rules and regulations for carrying this Act into effect, which rules and regulations, when adopted and promul- gated, shall have the effect of law, and to ascertain the qualifications by competitive examination of every candi- date for appointment to or promotion in the Police force, created and organized under existing law for the City of Baltimore except the marshal of police and captain of detectives, counsel and police surgeons, and to report to the Board of Police Commissioners for the City of Baltimore graded lists of those persons whom they may deem quali- fied for such appointment or promotion, from which graded lists all nominations for appointments to or promotion in said police force shall hereafter be made by said Board of Police Commissioners for the City of Baltimore. All such nominations for appointment to or promotion in said police force, shall be made in the order in which the names of the nominees appear upon such graded lists. In the prep- aration of the graded lists, the said Board of Police Exami- ners shall ascertain by open competitive examinations the relative qualifications of the respective candidates for appointment or promotion, and shall place the names of the accepted candidates upon said graded lists in the order of their relative qualifications, so ascertained by such competitive examinations. The examinations shall be public and practical in character, and shall relate to those matters which shall fairly test the relative capacity and fitness of the persons to discharge the duties of the position in the said police force to which they desire appointment or in which they seek promotion, including L their past record on the force. The graded lists shall always be open to the inspection of the public. Keyser v. Upshur, 92 Md. 729. Upshur v. Ward, 94 Md. 781. POLICE COMMISSIONERS— APPLICATIONS FOR APPOINTMENT. 457 1900, ch. 16. 745E. Intending competitors for appointment to said police or for promotion therein shall file in the office of said Board of Police Examiners, a reasonable length of time before the date of any examination, a formal application, in which the applicant shall state under oath : Applicant’s 1st. His full name and residence. statement. 2d. His age, the place and date of his birth. 3d. His health and physical capacity for the position to which he aspires. 4th. If an applicant for appointment, his business or employment, and residence for at least the previous three years. 5th. Such other information as may reasonably be re- quired touching the applicant’s merit and fitness for service on or promotion in the said police force. Blank forms for such applications shall be furnished by the said Board of Police Examiners, without charge, to all persons requesting the same. The applicant shall file with the said Board of Police Examiners, in connection with his^^ , application, such certificates of citizens, physicians, public Applicants, officers or others having knowledge of the applicant, as the good of the service may require. The said Board of Police Examiners shall refuse to examine an applicant, or after an examination to certify an eligible who is found to lack any of the established preliminary requirements for the examination or position to which he applies ; or who is physically so disabled as to be rendered unfit for his per- formance of the duties of the position to which he seeks appointment or promotion ; or who is addicted to the habitual use of intoxicating beverages to excess ; or who has been guilty of a crime or of infamous or notoriously disgraceful conduct , or who has been dismissed from the public service for delinquency or misconduct , or who has intentionally made a false statement of any material fact, or practiced, or attempted to practice, any deception or fraud in his application, in his examination, or in securing his eligibility or appointment. Keyser v. Upshur, 92 Md. 726. Upshur v. Hamilton, 95 Md. 568. 458 MISCELLANEOUS LOCAL LAWS. Appointment, promotion, removals, etc Graded lists. Clerk to Marshal. 1900, ch. 16. 745F. In the appointment, promotion, reduction in ■ rank, transfer or removal of any police officer or officers of police, or any detective by the Board of Police Commis- sioners for the City of Baltimore, and in their administra- tion of the Police Department of Baltimore City, ecclesi- astical and party ties shall not be regarded, so that the Police Department of said City may be entirely out of the fields of political and religious differences, controversies and influences. The said Board of Police Commissioners for the City of Baltimore shall confirm or reject all nomi- nations for appointment or promotion of police officers, officers of police and detectives made to it, hereinbefore provided by the Board of Police Examiners of the City of Baltimore. Said Board of Police Commissioners shall not confirm the nomination or make the appointment or pro- motion of any police officer, officer of police or detective, except the marshal of police and captain of detectives, counsel and surgeons, whose name does not appear upon the graded lists to be furnished said Board of Police Com- missioners by the said Board of Police Examiners for the City of Baltimore. All police officers, officers of police and detectives, secretaries, clerks and employes, other than counsel and police surgeons, of the police department of Baltimore City shall be retained on the force during good behavior and efficiency by the same Board of Police Com- missioners of the City of Baltimore, and may be removed by the said Board of Police Commissioners for official misconduct or inefficiency, and then only after written charges preferred, specifying the time, place and character of such misconduct and inefficiency, and trial had before the Board of Police Commissioners, after reasonable notice thereof. Keyser v. Upshur, 92. Md. 729. Upshur v. Ward, 94 Md. 778. Up- shur Z/. Hamilton, 95 Md. 567. 1874, ch. 458. P. L. L., (1888) Art. 4, Sec. 727. 1906, ch. 129. 746. They are authorized, empowered, and directed to select some suitable person to act as Clerk to the Marshal POLICE COMMISSIONERS — ANNUAL ESTIMATE OF EXPENSES. 459 of Police for said City, at a salary of twenty-eight dollars per week, payable semi-monthly ; and the said clerk upon entering upon the duties of his office shall enter into bond to the State of Maryland in the penalty of two thousand ® dollars, conditioned for the faithful discharge of his duties as such Clerk, the said bond to be approved by the said Board of Police Commissioners. * P. L. L., (1860) Art. 4, Sec. 818. 1867, ch. 367. P. L. L., (1888) Art. 4, Sec. 728. 747. It shall be their duty to estimate annually what Annual esti- sum of money will be necessary for each current fiscal year Spenses. to enable them to discharge the duty imposed on them, and they shall forthwith certify the same to the Mayor and City Council of Baltimore, who are required without delay, specifically to assess and levy such amount as shall be Levy, sufficient to raise the same clear of all expenses and dis- counts upon all the assessable property in the City of Baltimore, and cause the same to be collected as all other City taxes ; and it is made the duty of the City Collector of Baltimore, and he is required to collect said tax, to be denominated the police tax ; and the said Board of Police Commissioners, upon and after qualifying as such are^°^^^^^^‘ authorized to make requisitions from time to time upon the Comptroller of the City of Baltimore, or other proper dis- ' bursing officer of the corporation, for such sums of money as they may from time to time deem necessary for the purpose of carrying out the objects and intentions of this *Note. — S ec. 2 of ch. 129, Acts 1906, reads as follows: Section 2. And be it further enacted. That all laws now in force rela- ting to the Board of Police Commissioners of the City of Baltimore not included in this Act and not inconsistent herewith shall be and they are continued in force and effect until changed or repealed by the General Assembly of Maryland. All Acts or parts of Acts inconsistent with this Act are hereby repealed, and it is hereby expressly and distinctly under- stood and declared that this Act in no manner, shape or form increases or effects the pensions of the retired members of said police force who were retired or will be retired, prior to January 1st, 1907, but that they shall continue to receive the same amount or same pension they received prior to the said 1st day of January 1907 and no more. 460 MISCELLANEOUS LOCAL LAWS. Requisitions. Certificates of indebtedness may be issu- ed by Board whenever M. & C. C. fail to provide funds for depart- ment, or when inade- quate pro- vision is made. Proviso. sub-division of this Article ; provided, the same shall not exceed in any one year the amount so as aforesaid certified, or which may thereafter be certified for that year, to the Mayor and City Council of Baltimore aforesaid ; and in case the said disbursing officer shall not forthwith pay over the amount of each requisition as made, it shall be the duty of the said Board, and they are authorized and required to issue certificates of indebtedness, in the name of the Mayor and City Council of Baltimore, in such sum as they may deem advisable for the amount of such requisitions, respectively, bearing interest at six per cent, per annum, payable at not more than twelve months after date, and signed by a majority of said Board, and to raise the money on said certificates by pledging or disposing of the same ; which certificates shall be receivable at par in payment of City taxes, and be as binding on said corporation and as recoverable against it as if the Mayor and City Council of Baltimore had themselves issued the same ; and the Mayor and City Council of Baltimore shall have no power or authority to levy or collect any tax or appropriate any money for the payment of any police force other than that organized and employed under this sub-division of this Article ; and no officer or other employee of the said Mayor and City Council of Baltimore shall disburse any money there- for ; and the power of said Mayor and City Council to levy and collect taxes and appropriate and disburse money for the payment of the police force organized and employed under this sub-division of this Article shall be exercised as herein directed, and not otherwise ; and in case the amount so as aforesaid to be estimated by the said Board shall from any cause prove insufficient for the necessary ex- penses for the current year, the said Board is authorized and empowered to issue certificates and raise money there- from, as hereinbefore provided, to meet the said exigency; provided, however, that no additional issue shall exceed the sum of fifty thousand dollars in any one year, and that the amount thereof shall be added to the estimate, assess- ment and levy for the year next ensuing, and that the said certificates shall not be made payable at an earlier day than twelve months from the date of their issue, but may POLICE COMMISSIONERS — POSSE COMMITATUS. 461 be receivable in payment of City taxes at any time they may be so presented. Mayor, etc. v. Poultney & Trimble, 25 Md. 18. P. L. L., (I860) Art. 4, .Sec. 816. 1867, ch. 367. P. L. E., (1888) Art. 4, Sec. 729. 748. It shall be the duty of the Sheriff of Baltimore City, whenever called on for that purpose by said Board, to act under their control for the preservation of the public peace and quiet, and if ordered by them to do so, he shall summon the posse comitatus for that purpose, and and employ such posse, subject to their discretion in case the said Board shall deem it necessary ; they shall call out such military force, lawfully organized or existing in said City, as they may see fit, to aid them in preventing threat- ened disorder or opposition to the laws, or in suppressing insurrection, riot or disorder, on election days, and at all other times ; and it shall be the duty of said military force so called out, to obey such orders as may be given them by said Board ; whenever the exigency or circumstances may in their judgment, warrant it, the said Board shall have Board may as- the power to assume the control and command of all preme^cJutroi conservators of the peace in the City of Baltimore, whether torTSf th^’ sheriffs, constables, police or others, and they shall act under the orders of the said Board, and not otherwise ; and in case of the refusal of the said sheriff, or any police- penalty for man, constable, or other peace officer or persons, to obey of us o1-d?r^ any lawful command of said Board under the provisions of this section, they shall, respectively, be guilty of a misde- meanor and punishable as in such cases made and provided ; and any officer of any military force in the City of Baltimore, organized under any law now existing, or which may hereinafter be enacted by the General Assem- bly of this State, who, upon being called on by the said Board as aforesaid, shall refuse or wilfully fail to call out the force under his command, or to obey the orders of the said Board, or to enforce by all lawful means the perform- ance of the duties to said force assigned ; and any inferior officer or private who shall refuse or wilfully fail to obey 462 MISCELIvANEOUS eocae eaws. Filling- vacancies. Rules and regulations. Relief of families. Bond. No extra com- pensation to police. the orders of his superior officer in such behalf, shall be guilty of a misdemeanor, and punishable as in such cases made and provided. 1867, ch. 367. P. E. E., (1888) Art. 4, Sec. 730. 749. Whenever a vacancy shall take place in any grade of officers (except the marshal and deputy marshal), it shall be filled from the next lowest grade, if competent men can be found therein ; the Board of Police Commissioners are authorized to make all such rules and regulations, not inconsistent with this sub-division of this Article, as they may judge necessary for the appointment and employment, uniforming, discipline, trial and government of the police and detectives, and for the relief and compensation of the members of the police injured in person and property in the discharge of their duty, and the families of men or officers killed while in its performance ; provided, that the allowance in any one instance shall not exceed twelve month's pay ; said Board shall have power to require of any policeman, officer of police or detective, bond with sureties, when they may consider it demanded by the public interest ; all lawful rules and regulations of the Board shall be obeyed by the policemen and detectives, on pain of dismissal or such lighter punishment as may be pre- scribed by the said Board ; and the said Board shall have power to suspend from duty, fine or forfeit the pay of any officer or policeman, or suspend any rule or regulation made and adopted by them. P. E. E., (I860) Art. 4, Sec. 814. 1867, ch. 367. P. E. E., (1888) Art. 4, Sec. 731. 750. No officer of police, policeman or detective shall be allowed to receive any money as a gratuity or extra compensation for any services he may render, without the consent of the said Board ; and all such moneys as any officer of police, policeman and detective may be so per- mitted to receive shall be paid over to the said Board and POLICE COMMISSIONERS — PROCEEDINGS . 463 together with the proceeds of all fines, forfeitures, penal- ties and unclaimed property which may come into the possession of the said Board, or be recovered by them under the provisions of this sub-division of this Article, or any other law, shall form a fund which the Board may Police fund, apply towards the allowances of officers of police, policemen and detectives and their families, as hereinbefore authorized, and for extra pay to such members of the force as by gallantry and good conduct on extraordinary occasions they may be judged to merit ; and any officer of police, police- man or detective who shall directly or indirectly in viola- Penalty, tion of this section, receive any moneys as a gratuity or extra compensation, and shall fail to deliver the same to the Board for the purposes, hereinbefore provided, and shall apply the same to his own use, shall be forthwith dismissed, and be forever after inelligible to any position in the force. P. L. L., (1860) Art. 4, Sec. 821. 1874. ch. 146. P. L. L., (1888) Art. 4, Sec. 732. 751. The Board of Police Commissioners shall cause to be kept by their secretary, a full report of their proceed- Full record of ings, and also cause all their receipts and disbursements of money to be faithfully entered in books to be provided for that purpose ; and said books, journals and all other documents in the possession of said Board, shall always be open to inspection by the General Assembly, or any com- mittee appointed by it for that purpose ; and it shall be the duty of the said Board to report to the General Assembly at each regular session, or as may hereafter be directed by said General Assembly, the number and expense of the police force employed by them under this sub- division of this Article, and all such other matters as may be of public interest in connection with the duties assigned to them ; and said books, journals and other documents, and the vouchers for all payments by said Board of Police Com- missioners shall at all times be open to the inspection of open to in- the Mayor and City Register, or either of them ; and it 464 MISCELLANEOUS LOCAL LAWS. shall be the duty of the Comptroller of the City of Balti- more to examine all bills and accounts presented by said Board of Police Commissioners and the vouchers therefor. 1867, ch. 367. P. L. L., (1888) Art. 4, Sec. 733. 752. The treasurer of the Board of Police Commission- ers, before entering upon the duties of his office as such treasurer, shall, in addition to the bond given as Commis- Bond. sioner, enter into bond to the State of Maryland, with one or more sureties, in the penalty of ten thousand dollars, conditioned for the faithful discharge of the duties im- posed upon him as treasurer, and the faithful application and payment over, pursuant to the order and direction of the said Board, of all moneys which may come into his hands as such treasurer ; and shall, every six months, on ^a?cou”nt the first day of January and July, in each and every year during his continuance in office, render to his associates in said Board, a true and faithful account of the receipts and disbursements of all moneys received and disbursed by him by order of the said Board, with the vouchers thereof during said period, which accounts shall be verified by the affidavit of said treasurer ; and the said Board shall there- upon examine said account, and if they find the same to be correct, they shall certify said account, and forward the same to the Governor of the State, to be filed in the office of the Secretary of State ; the said Board shall retain a copy thereof, with their certificate attached, to be filed among the papers of their office. 1867, ch. 367. P. L. L., (1888) Art. 4, Sec. 734. 753. The said Board of Police Commissioners are authorized and empowered, whenever in their judgment ^ dose“afoons. the public peace and tranquility may require, to order the closing temporarily of any and all bar rooms, bars, drink- ing houses and liquor shops, and all other places where liquor is usually sold in the City of Baltimore, and forbid the selling and furnishing of liquor thereat; and any pro- prietor or keeper, or any other person forjsuch proprietor POLICE COMMISSIONERS— JURISDICTION AND POWERS. 465 or keeper, of any such drinking house, place or places, as well as all other places where liquor is usually sold, who shall refuse or fail to obey such order of said Board of Police Commissioners passed in pursuance thereof, or who shall sell or furnish liquor from any such place or places, during such period as said Board shall so forbid, shall be guilty of a misdemeanor; and it shall be the duty of each and every officer of police, policeman and detective, who may be cognizant of any violation of this section, to report the same to the Grand Jury of the City of Baltimore, if in session, and if not in session, then to the next Grand Jury that may be summoned for said City; and every officer of police, policeman and detective who shall willfully fail to make such report shall be forthwith dismissed from his position, and shall be forever after ineligible to any position in the police. State V. Strauss, 49 Md. 288. 1867, ch. 367. P. L. L., (1888J Art. 4, Sec. 735. 754. They are authorized and empowered to take possession of all property heretofore by law assigned to the former Board of Police, and to have and use a common seal; they may divide the City into such number of police districts as they may think necessary for the public good; and if found practicable, in addition to the station houses and property attached thereto, which they are authorized and empowered to take possession of and use, they may provide additional station houses, with all necessary appurtenances, as may be found needful and necessary, ^forme^pouL and such accommodations as may be requisite for the police force; said board shall also have the use of the fire- alarm and police telegraph in the City of Baltimore, and to use proper- of all station houses, watch-boxes, arms, accoutrements longing to the and other accommodations and property provided by the paitment City of Baltimore for the use and service of the police heretofore created by any act of the corporation of said City, as fully and to the same extent as if the same had been provided for the use of the Board created by this sub-division of this Article. 466 MISCKLI.ANKOUS LOCAL LAWS. 1867, ch. 367. P. L. L., (1888) Art. 4, Sec. 736. 755. It shall be the duty of every officer of police, and every policeman and detective, to report to the Board, and deliver to them all property seized or found by said officer property of police, policeman or detective, immediately after the foJx^nd.^^ same shall have come into their possession, which property, with the date of delivery and description of the same, and the name of the officer, policeman or detective depositing the same, shall be entered in a book by the secretary, to be provided for that purpose; said secretary shall have the custody of all such property, and shall be held responsible for the safe delivery of the same to the claimants, when ordered to do so in writing by the said Board, which order shall be his voucher; and any officer, policeman or detective who shall fail or refuse for a period of twenty-four hours to deposit all such property as aforesaid, shall be subject to removal by the said Board; and every officer, policeman or detective who shall willfully refuse to return all such property as aforesaid, or shall return the same to any claimant, shall be forthwith dismissed from office. Upshur 7J. Mayor, 94 Md. 743. 1886, ch. 459. 1888, ch. 306. 1898, ch. 494. 1900, ch. 233. 1902. ch. 81. P. L. L., (1888) Art. 4, Sec. 756. 756. In addition to the sums of money now authorized by law to be paid out of the fund so as above constituted and designated, the said Board of Police Commissioners are empowered whenever in their opinion the efficiency of ^ rldre^Srce-^ scrvicc may require it, to retire any officer of police, men, etc. poficeman, detective, clerk or turnkey appointed by them and pay to him in monthly instalments out of said fund for life a sum of money equal to one-half of the amount of money monthly paid to such officer of police, policeman, detective, clerk or turnkey as provided by law ; provided, however, he shall have served faithfully not less than sixteen years as such officer of police, policeman, detective, clerk or turnkey, or shall have been permanently disabled in the discharge of his duty as such officer of police, policeman, detective, clerk or turnkey, and the said board POLICE COMMISSIONERS — RELEASES. 467 shall in all cases before making such retirement procure and file away among their records a certificate of a com- petent and reputable physician that the person proposed to be retired has been thoroughly examined by him, and that he is incapable of performing active police duty ; and it shall be the duty of any such officer of police, policeman, detective, clerk or turnkey so retired to perform such police duties, and at such times as the Board of Police Commis- sioners shall deem proper, said terms of service not to exceed seven days during any year, and for such services no extra compensation shall be allowed by said board ; and the said board shall have the power in their discretion to suspend payment to any such officer of police, policeman, detective, clerk or turnkey for a term not to exceed three ^^ujpeffd pay° months for the first offense ; for the second offense a term not to exceed six months, and for the third offense, any such officer of police, policeman, detective, clerk or turnkey shall be subject to dismissal upon proof given that the said officer of police, policeman, detective, clerk or turnkey is or has been in the judgment of the said board, living an improper or immoral life.* 1867, ch. 367. P. L. L., (1888) Art. 4, Sec. 738. 757. No Marshal of Police, or any of the captains of any of the districts or station-houses, or any one acting for or under them, or any of them, shall release any persons committed or confined in any of the station-houses for any felony or misdemeanor, but all such persons shall be released only on the order of the committing Justice, the Judge of the Criminal Court, or one of the members of the Board, or other lawful process. Brish V. Carter, 98 Md. 452. 1867, ch. 367, P. L. L., (1888) Art. 4, Sec. 739. 758. The said Board of Police Commissioners are required on the requisition of the Board of Park Commis- sioners, to detail from time to time such number of the *Note. - Construing this section in connection with section 756, P. L. L., (1888) Art. 4, it would appear that this section should follow section 776, post, such being the arrangement in Art. 4, aforesaid. 468 MISCELI.ANEOUS EOCAE EAWS. regular police force of said City as the said Board may deem necessary for the preservation of order within any Park police, parks Under their control, which detailed force shall have the same power in the premises that the police force of the City have, as conservators of the peace. Upshur V. Mayor, 94 Md. 747. P. E. L., (1860) Art. 4, Sec. 822. 1867, ch. 367. P. E. E., (1888) Art. 4, Sec. 740. 759. Nothing in this sub-division of this Article shall be so construed as to destroy or diminish the liability or m^sTc. responsibility of the Mayor and City Council of Baltimore c.ofB. any failure to discharge the duties and obligations of said Mayor and City Council of Baltimore, or any of them, or give the said Mayor and Council of Baltimore any control over said Board or any officer of police, policeman or detective appointed thereby. Baltimore v. Poultney, 25 Md. 31. Altvater v. Mayor, 31 Md. 462. Flynn v. Canton Co., 40 Md. 312. Sinclair v. Mayor, 59 Md. 592. Upshur V. Mayor, &c. 94 Md. 743. 1898, ch. 474. §759a. No member of the police force provided for by this Article and sub-title shall be by the said Board of Police Commissioners employed or be permitted to be ^ pSform employed, to do or perform for the said Board, or the Mayor SicVdSties. and City Council of Baltimore, any mechanical work or labor other than the work or labor required of the members of said police force by the provisions of this Article and sub- title relating to police duties. The purpose and object of this section is to prevent patrolmen and other members of said police force from being taken from the performance of police duty, as' prescribed by this Article and sub-title, and made to perform the work and labor of carpenters, bricklayers and similar mechanical work and labor. POLICE COMMISSIONERS — ARREvSTS. 469 1867, ch. 367. 1892, cli. 536. P. L. L., (1888) Art 4, Sec. 741. 760. All persons arrested in the day-time under the provisions of this sub-division of this Article shall be taken by the officer making the arrest immediately before the nearest Police Justice for examination, except that all immediate ex- animation females and male children under fourteen years of age who after arrest, may be arrested or taken into custody shall be taken before the nearest Police Justice for examination when there shall be matrons at the station house as hereinafter provided. Brish V. Carter, 98 Md. 451. 1884, ch. 187. P. L. L., (1888) Art. 4, Sec. 742. 761. Whenever any person shall be arrested in the City of Baltimore, charged with any crime or misdemeanor, or for being drunk or disorderly, or for any breach of the peace, pj-unkordisor- and shall be taken before any of the Police Justices of the persons Peace of the said City, and any such person shall be found to have concealed about his person any pistol, dirk-knife, bowie-knife, sling-shot, billy, brass, iron or any other metal knuckles, razor, or any other deadly weapon what- soever, such persons shall be subject to a fine of not than five dollars nor more than twenty-five dollars, in the weapons discretion of the Police Justice of the Peace before whom such person may be taken, and the confiscation of the weapon so found, which said fine shall be collected as other fines are now collected ; provided, however, that the Proviso, provisions of this section shall not apply to those persons, who, as conservators of the peace, are entitled or required to carry a pistol or other weapon as a part of their official equipment. 1890, ch. 534. P. L. L., (1888) Art. 4, Sec. 742A. 762. Every person in said City of Baltimore not being a conservator of the peace, entitled or required to carry such weapons as a part of his official equipment, who shall ^carr^ing’^con- wear or carry any pistol, dirk-knife, bowie-knife, sling- shot, billy, sand-club, metal knuckles, razor or any other dangerous or deadly weapon of any kind whatsoever 470 MISCEI.LANEOUS EOCAE EAWS. Eeave of ab- sence for policemen. Additional probation officers. (penknives excepted), concealed upon or about his person; and every person who shall carry or wear such weapons openly, with the intent or purpose of injuring any person, shall, upon conviction thereof, be fined not more than five hundred dollars, and be imprisoned not more than six months in the Jail or in the House of Correction ; this section shall not release or discharge any person or persons already offending against the general law in such cases made and provided, but any such person or persons may be proceeded against, prosecuted and punished under the general law of this State as if this Article had not been passed. 1882, ch. 34. 1888, ch. 303. 1892, ch. 309. 190), ch. 421. 1904. ch. 186. P. E. E., (1888) Art. 4, Sec. 743. 763. The said Board of Police Commissioners are authorized, empowered and directed to grant leave of absence, with pay, for a period of thirty days for each consecutive year of service to each of the officers of police, policemen and detectives of the regular force employed by the said board ; nor shall any enforced absence, with leave, on account of sickness or death be deducted from the pay of any such officer of police, policemen or detective, or from their thirty days leave as herein provided for. 1892, ch. 309. P. E. E., (1888) Art. 4, Sec. 743A. 764. The Board of Police Commissioners are hereby authorized and empowered to appoint and employ, in addition to the number now authorized by law, fifteen additional probation officers, said officers so appointed to hold their places and receive their pay under the provisions of law now in force and applicable to probation officers. Matrons at the Station Houses. 1884, ch. 225. 1892, ch. 536. 1900, ch. 533. P. E. E., (1888) Art. 4, Sec. 744. 765. The Board of Police Commissioners of Baltimore shall appoint two suitable women as matrons at each of POLICE COMMISSIONERS — MATRONS. 471 the station-houses in said city, one for day and the other for night service and one suitable woman as superintendent deSfo? ma- of matrons for Baltimore City, and two additional suitable women as substitute matrons, and shall provide a furnish- ed room at each of said station houses for them. 1884, ch. 225. 1892, cli. 536. 1900, ch. 533. P. L. L., (1888) Art. 4, Sec. 745. 766. No woman shall be appointed as a matron or superintendent of matrons or substitute matron as afore- said by the board unless she shall be recommended to said Recommenda- board, within three months preceding her appointment, by at least twenty women in good standing in said city in writing, as a suitable person for the position, and the said matrons and superintendent of matrons and substitute matrons shall be appointed to serve for four years, subj ect Terms of ser- to removal tor cause after a hearing by the said board, which is hereby vested with jurisdiction in the premises ; provided, however, that said substitute matrons shall per- form the duties of matrons when called upon by said board in the absence or disability of any of said matrons, or as necessity for their services may arise and shall only receive pay during the time of actual service rendered by them. 1884, ch. 225. 1892, ch. 536. 1900, ch. 533. P. L. L., (1888) Art. 4. Sec. 746. 767. The duties of each matron shall be to give such care and advice, and to perform such other police duties as Duties of may be requisite and proper, to the female persons, male children under fourteen years of age, and refugees in the station house for which said matrons shall have been ap- pointed or signed ; and the duties of the superintendent of matrons shall be to visit each of the police station houses twice each week, and to give assistance to the matrons in the performance of their duties, and to make such recom- mendations from time to time to the Board of Police Commissioners as may promote the efficiency and proper performance of the duties of the matron. 472 MISCEIvI^ANEOUS locae laws. 1884, ch. 225. 1892, cli. 536. 1900, ch. 533. 1902, ch. 492. P. L. L. (1888) Art. 4 , Sec. 747. 768. Each of said matrons and substitute matrons when employed shall receive a salary of twelve dollars a Superintendent of matrons a salary of fifteen Inf of dollars a week, to be paid by the Mayor and City Council trons. of Baltimore, and it shall be included in the annual esti- mate of the expenses by said Board of Police Commission- ers, certified to the Mayor and City Council of Baltimore. Militia. 1870, ch. 182. P. L. L., (1888) Art. 4, Sec. 748. 769. Whenever the Board of Police Commissioners for the City of Baltimore, or the Sheriff of any county, shall Command of, Call out any portion of the ' militia to aid in preventing ^ut^by V^rd threatened disorder or opposition to the laws, or in sup- pressing riot or disorder on election days, or at any other times, said military force shall be deemed to be on detach- ed service while under the orders of the said Board or Sheriff ; and the commanding officer thereof shall not be subject to the orders of any superior officer whatsoever, except the commander-in-chief. Patrol Wagons 1886, ch. 459. P. L. E., (1888) Art. 4, Sec. 749. 770. The said Board of Police Commissioners are authorized and directed to construct, equip and maintain a Board to main- telephone alarm and patrol wagon service, with all neces- saries, appliances and laborers ; provided, however, the expenditures therefor will not impair the special fund mentioned in sections 576 and 777 of this Article, so as to prevent its sufficient application to the purposes provided for in said sections. POLICE COMMISSIONERS — PHYSICIANS. 473 Physicians to the Police Force. 1888, ch. 150. 1904, ch. 630. P. L. E., (1888) Art. 4, vSec. 750. 771. The said Board of Police Commissioners for the City of Baltimore are authorized to appoint and commission Appointment, biennially five physicians of integrity and capacity, resi- dents of Baltimore City, and who shall have practiced medicine therein for at least three years, next preceding the date of their commission, to act as physicians of the Police Department of said city, under such rules and regu- lations as the said Board may from time to time prescribe for their conduct ; one of the said physicians shall be designated by the said Board as the chief physician. 1888, ch. 150. P. E. E., (1888) Art. 4, Sec. 751. 772. The duties of the said physicians shall be to ex-i^i^ties. amine thoroughly all applicants for position in the police force of Baltimore City and to test their entire fitness in every respect for such position ; to visit all policemen, turnkeys, detectives, officers of police and clerks of said force, who may be returned as sick, and to report their condition to the said Board, to visit and professionally attend any and all of the said persons who may be injured or disabled in their performance of their duties as members of the said force ; to thoroughly examine and report to the said Board the physical condition of each and every mem- ber of said force, who may, upon his own application, or who the said Board may think should be retired from the said force and be pensioned under this sub-division of this Article and to perform all such other and further profes- sional duties in connection with the said department and force as the said Board may from time to time deem neces- sary and prescribe for them. 1888, ch. 150. 1904, ch. 630. P. E, E., (1888) Art. 4, Sec. 752. 773. The salary of the said chief physician shall be fifteen hundred dollars per annum, payable monthly ; and chief phW- the salary of each of the other said physicians shall be one Stands. 474 MISCEI^IvANEOUS eocal eaws. Police at race track. Police at regis- tration office! What shall con stitute. thousand dollars per annum, payable monthly ; but the tenure of office of the said chief physician and each of the other of said physicians shall be determinable within the term for which he or they were appointed by a majority of the said Board, and in their exclusive discretion ; and the said chief physician and each of the other of said physi- cians shall be compensated only up to the time of such determination at the rate of his or their salary aforesaid. Races. 1872, ch. 55. P. Iv. Iv., (1888) Art. 4, Sec. 753. 774. For the purpose of preserving order and protecting property, the Police Commissioners of the City of Baltimore are authorized, upon the request of the President of the Maryland Jockey Club, to detail such force as they may deem sufficient for the preservation of order during any exhibition of the said club, which detailed force shall have the power that the police of the City have as conservators of the peace. Registration of Voters 1876, ch. 249. P. L. E., (1888) Art. 4, Sec. 754. 775. The board of Police Commissioners for Baltimore City, upon the written request of the Registers of voters, shall detail police officers sufficient to preserve order at the ' place where the officers of registration in Baltimore City are discharging the duties of their office. Special Fund. 1886, ch. 459. P. E. E., (1888) Art. 4, Sec. 755. 776. All sums of money which are now in or which may hereafter come into the hands of the Board of Police -Commissioners for the City of Baltimore, under and by virtue of the provisions of existing laws, except such sums as may come into their hands under and by virtue of the provisions of section 747, shall constitute a fund to be known and accounted for as the special fund. POLICE COMMISSIONERS — SPECIAL FUND. 475 1900, ch. 266. 776x\. The Board of Police Commissioners of the City of Baltimore, and their successors, shall be the trustees of the special fund hereinafter mentioned. The Treasurer of said Board shall be Treasurer of the fund. He shall before entering upon his duties as Treasurer thereof execute and deliver to said Board a bond in the penal sum of five thou- Rond- sand dollars, to be approved by Comptroller of the City of Baltimore, and conditioned for the faithful discharge of his duties, and that he shall pay over and acccount for all moneys and property which shall come to his hands as such Treasurer, the expense of such bond, if furnished by a corporation, to be paid out of the special fund. Such trustees shall have charge of and administer such funds, and from time to time invest the same, or any part thereof, as they shall deem most beneficial to said fund, and they are empowered to make all necessary contracts, and take all necessary and proper actions and proceedings in the premises, and to make payments from such fund of salaries granted in pursuance of this Act, and also salaries now charged on said fund or any part thereof by or under existing laws. The said trustees may, and they are authorized and empowered from time to time to establish such rules and regulations for the disposition, investment, preservation and administration of the special fund as they may deem best. They shall report in detail to the Mayor and City Council annually in the month of October the Annual report condition of the special fund, and the items of receipts and & a c. disbursements on account of the same. 1900, ch. 266. 776B. The moneys, securities and effects of the special fund and all salaries granted and payable from said fund shall be and are exempt from execution and from all process and proceedings to enjoin and recover the same by or on be- half of any creditor or person having or asserting any claims against, or debt or liability, of any sharer of said fund ; every person who knowingly or wilfully in anywise pro- cures the making or presentation of any false or fraudulent 476 MISCELLANEOUS LOCAL LAWS. Fraud. What monies shall consti- tute the fund. affidavit or affirmation concerning any claim for a share or payment thereof, shall in every case forfeit a sum not exceeding two hundred dollars, to be sued for and recovered by and in the name of the said trustees, and when recovered to be paid over to and thereupon become a part of the said special fund. Any person who shall wilfully swear falsely in any oath or affirmation in obtaining or procuring any shares or payment thereof, under the pro- visions of this Act, shall be guilty of perjury. 1900, ch. 266. 776C. The said special fund shall consist of : 1. The capital, interest, income, dividends, cash de- posit, securities and credit of the special fund now in existence, with additions thereto from time to time of : 2. All fines and forfeitures imposed by the Board of Police Commissioners from time to time upon or against any member or members of the police force ; and of : 3. All rewards, fees, gifts, testimonials and emoluments that may be presented, paid or given to any member of the police force on account of police services, except such as have been or shall be allowed by the Board of Police Com- missioners to be retained by the said members, and also all gifts or bequests which may be made to the said special fund, or to the said Police Board as trustees thereof. 4. All lost, abandoned, unclaimed, or stolen money re- maining in possession of the Secretary of the Board of Police Commissioners for the space of one year, and for which there shall be no lawful claimant, and all moneys arising from the sale by the said Secretary or said Board of unclaimed, abandoned, lost or stolen property, and all moneys realized, derived or received from the sale of any condemned, unfit or unserviceable property belonging to or in the possession or under the control of the Police De- partment, and of : 5. All moneys, pay, compensation or salary or any part thereof, forfeited, deducted or withheld from any member or members of the police force on account of absence for POLICE COMMISSIONERS — SPECIAL FUND. 477 any cause, lost time, sickness or other disability, physical or mental, to be paid monthly by the Treasurer of the Board of Police Commissioners to the special fund. 6. All moneys derived or received from license, certifi- cates, or permits, hereafter authorized by the Mayor and City Council under the general powers granted by Chapter 123, of the Acts of the General Assembly of Maryland, Session 1898, title “City of Baltimore”, sub-title “Char- ter”, sub-title “General Powers”, sub-title “License”, which are required to be issued and collected by the Police Department. 7. Any sum hereafter allowed out of or share of liquor license moneys specially appropriated to said special fund and derived from the granting of licenses or permission to sell strong or spirituous liquors, ale, wine or beer, and such sum, sums, share or shares shall be paid in to the Treas- urer of the special fund by the person or officer having the legal custody thereof. 8. All moneys derived or received from the granting or issuing the permits, or the giving of permission to give public dances, soirees, masked balls, boxing or athletic contests, circus or tent shows, or any of them, in the City of Baltimore ; also the sum of five dollars for each and every permit granted by the Board of Police Commission- ers under Section 653P, Chapter 343, of the Acts of the General Assembly of Maryland, session of 1890, for the sale of liquors at bona fide entertainments. 9. A sum of money equal to but not greater than two per centum of the semi-monthly pay, salary or compensa- tion of each member of the police force entitled to partici- pate in the special fund, which sum shall be deducted every pay day by the Treasurer of the Board of Police Commissioners from the pay, salary or compensation of each and every member of the police force, and the said Treasurer of said Board is hereby authorized, empowered and directed to deduct the said sum of money as aforesaid and forthwith to pay the same to the Treasurer of the trustees of the special fund ; provided, however, that it shall be optional with any member of said police force to contribute the said two per centum of his salary as above 478 MISCELL A.NEOUS LOCAL LAWS. Deficiency in fund. How provided for. May receive bequests. provided, and participate in the benefits of the special fund; and provided further, that no member of said force shall participate in said special fund unless he contributes to said fund as aforesaid. 10. And any and all unexpended balances of appropria- tion or amounts estimated, levied, raised or appropriated for the payment of salaries or compensation of members of the police force within said City of Baltimore remaining unexpended or unapplied after allowing all claims payable therefrom, said balances to be paid to special fund at any time after the expiration of the year for which the same were made and appropriated. 11. In case the amount derived from the different sources mentioned and included in this section, and from the special fund, without deducting charges for patrol services, police-boat and new station houses, shall not be sufficient at any time to enable the Board of Police Com- missioners to pay in full the salaries which have been or may hereafter be granted, which said salaries shall at all times be a first charge on said funds, it shall be the duty of the said Board each year at the time of making up the departmental estimate to prepare a full and detailed state- ment of the assets of said special fund, and the amount which is required to pay in full all such salaries, and to present the same to the Mayor and City Council and the Board of Estimates, together with a statement of the amount of money required to enable the said Board of Police Commissioners to pay the said salaries in full. It shall be the duty of the Mayor and City Council and said Board of Estimates to make an appropriation sufficient to provide for each deficiency, and the amount so appropriated shall be included in the tax levy, and the Comptroller shall pay over the money to the treasurer of the special fund. 12. And the said Board of Police Commissioners, as trustees, of the special fund, is hereby authorized and empowered to take and hold as trustees of such fund any and all gifts or bequests which may be made to such fund. POLICE COMMISSIONERS — SPECIAL FUND. 479 1900, ch. 269. 1902, ch, 514. 1906, ch. 267. §776C,a. No public dances, soirees, mask balls, boxing- or athletic contests, or other public entertainment of like kind, to or for which an admission fee shall be charged, shall be held, given or permitted in the City of Baltimore, eS masked except upon condition that a license or permit fee of not orSheuk”^ less than $5.00 nor more than $100.00 shall first be paid to contests, etc. the Secretary of the Board of Police Commissioners who are authorized to demand and receive the same for the p^^mit fees, benefit of the Special h'und, provided, that nothing herein contained shall interefere with any permits authorized, issued or collected by the authority of the Mayor and City Council of Baltimore. Any person or corporation violating the provisions of this section shall be deemed guilty of a penalty for faii- 1 1 •• ure to secuie misdemeanor and upon conviction thereof shall be fined not permit, less than $5.00 nor more than $100. 00. Provided, however, that this Act is not intended to anply to regular dancing ^ ^ 11 1 1 • 111 11 1 • Regular danc- schools where the art is regularly taught and where dancing parties are given in connection with the scheduled classes on stated nights from 8 to 12 o’clock and where no liquors are sold or dispensed. That all owners or managers of regular dancing academies or places used for instruction in the art of dancing shall pay an annual license fee of five schools, dollars for such privilege. 1900, ch. 266. 776D. The Board of Police Commissioners shall have power in its discretion to pay to the widow of any member of said police force within the limits of said City who shall have been killed while in the actual performance of duty, or shall have died in consequence of injuries received while in the discharge of duty an allowance until she remarries. Allowance to If there be no widow, but a child or children, then to pay such child or children whilst under the age of eighteen years, a sum such as parent would have been entitled to out of said special fund. 480 MISCELLANEOUS LOCAL LAWS. Salaries under certain Acts. Certificate of disability. Pensions to re- tired police. 1900, ch. 266. 776E. Salaries granted under Chapter 494*, of the Acts of the General Assembly of Maryland, passed at the January session 1898, and all other salaries granted by special Acts shall be for the natural life of the retired or disabled officer, and shall not be revoked, repealed or diminished except for causes therein provided. 1900, ch. 266. 776F. No member of the police force, whether police- man, officer of police, detective, clerk, turnkey, or in any other capacity, shall be granted, awarded or paid a retiring salary on account of physical or mental disability or diseases, except upon certificates of so many of the police surgeons or other competent and reputable physicians as the Board of Police Commissioners may require, which shall set forth the cause, nature and extent of the disabil- ity, disease or injury of such member, shall be filed in the office of the Board, and no member shall hereafter be retired upon salary or be salaried, nor shall any money or salary be awarded, granted or paid except as provided in this Chapter, and Chapter 494, of the Acts of the General Assembly of Maryland, passed at the January session, 1898, any other law to the contrary notwithstanding. The said Board of Police Commissioners is authorized and empowered to make and adopt all such rules, orders and regulations as are or may be necessary to carry out and enforce the provisions of this Act. 1886, ch. 450. 1888, ch. 306. P. L. L., (1888) Art. 4, Sec. 756. 777. In addition to the sums of money now authorized by law to be paid out of the fund so as above constituted and designated, the said Board of Police Commissioners are empowered, whenever, in their opinion, the efficiency of the service may require it, to retire any officer of police, policeman, detective, clerk or turnkey, appointed by them, and pay him in monthly instalments out of said fund, for *Note. — S ection 756 of this Article, a^ite. POLICE COMMISSIONERS — SPECIAL FUND. 481 life, a sum of money not to exceed one-half of the amount of money monthly paid to him as such officer of police, policeman, detective, clerk or turnkey at the time of his said retirement ; provided, however, he shall have served ^ faithfully not less than sixteen years as such officer of police, policeman, detective, clerk, turnkey, or shall have been permanently disabled in the discharge of his duty as such officer of police, policeman, detective, clerk or turnkey ; and the said Board shall in all cases, before making such retirement, procure and file among their records a certificate signed by a majority of the physicians appointed by the Board of Police Commissioners as physicians of the Police Department, that the person proposed to be retired has been thoroughly examined by them, and that he is incapable of performing active police duty ; and the said Board of Police Commissioners shall have power, in their discretion to suspend payment to any such officer of police, policeman, detective, clerk or turnkey for a term not to exceed three months for the first offence, for the second offence for a term not to exceed six months, uvilS and for the third offence, any such officer of police, policeman, detective, clerk or turnkey shall be subject to dismissal, upon proof given that the said officer of police, policeman, detective, clerk or turnkey, is living an improper or immoral life. * 1906, ch.^456. 777A. The said Board of Police Commissioners are conditions un- hereby authorized, empowered and directed to include the pou^^m?- Superintendent of Matrons and the Matrons of the several made bene- station houses of Baltimore City within the provisions of said fund. Section 777 of this Article so that they may enjoy the same rights and privileges and benefits, subject to the same limitations and conditions as are therein prescribed and conferred for the retiring of the members of the Police Force for the said City of Baltimore ; provided, however, that the said Superintendent of Matrons and the ‘Noth. — See Section 756, ante. 482 MISCELLANEOUS LOCAL LAWS. Secretary and Assistant Secretary of Board also to participate in benefits said fund. Appropriation for relief of members of force and for relief of wid- ows and chil- dren. Matrons of the several station houses of Baltimore City within the provisions of Section 777 of this Article shall pay into the Special Fund the sum of ten dollars ($10.00) per annum for the next succeeding three years in addition to the regular percentage required under the special pension Act. 1906, ch. 777. 777B. The said Board of Police Commissioners are hereby authorized, empowered and directed to include, the Secretary of the Board, and the Assistant Secretary of the Board, within the provisions of Section 777 of this Article, so that they may enjoy the same rights and privileges and benefits subject to the same limitations and conditions, as are therein prescribed and conferred for the retiring of the members of the Police force for the said City of Baltimore, provided, however that the Secretary shall first contribute the sum of three hundred dollars, payable in three annual installments of one hundred dollars each or all cash at his option to the said “Special Fund,’^ hereinbefore provided for, and the Assistant Secretary to the Board the sum of one hundred and fifty dollars payable in the same manner. 1900, ch. 263. §777B,a. The Mayor and City Council of Baltimore shall, upon the request of the Board of Police Commissioners of the City of Baltimore, appropriate annually a sum of money for the relief of disabled and superannuated mem- bers of the Police force of Baltimore City, and for the relief of Widows and Children of Policemen who may be killed in the discharge of duty, whenever the special fund of said Board of Police Commissioners is not sufficient for the payments authorized by and under the Acts of the General Assembly heretofore passed. P. L. L., (1888) Art. 4, Sec. 756A. 1892, ch. 356. 778. The Board of Police Commissioners for the City of Baltimore are authorized to pay out of the special fund POLICE COMMISSIONERS — SPECIAL FUND. 483 mentioned in section 776 of this Article, the cost of the maintenance and operation of the police patrol boat recently built, and manned by said Board under authority conferred by law on said Board, including therein the wages of engi- neers and firemen of said boat ; and said Board are author- ized to appoint on its force two officers for said boat, who shall be styled commander and first officer, respectively, of the police patrol boat, and shall have the rank and pay of Lieutenants of Police of the City of Baltimore. 1892, ch. 356. P. L. L., (1888) Art. 4, Sec. 756B. 779 . The Board of Police Commissioners for the City of Baltimore are hereby authorized, out of the special fund mentioned in section 776 of this Article, to pay the pur- chase money oi the ground needed for the erection of houses, station houses hereafter required for the uses of said Board, and also the cost of the erection and repair of said station houses. 1892, ch. 1. P. L. L., (1888) Art. 4, Sec. 756D. 780 . The Board of Police Commissioners for the City of Baltimore are hereby authorized and directed to pay to James M. Moore, a retired patrolman of the police force of Baltimore City, out of a fund in the hands of said Board of Police Commissioners known and accounted for as the special fund, the sum of twelve dollars per week for his life, in lieu of the sum of six dollars per week now paid said James M. Moore by said Board of Police Commission- pension to ers, under and by authority of an Act of the General Assembly of Maryland (Chapter 459, Laws of Maryland, eighteen hundred and eighty-six), entitled “An Act to de- fine a fund of money now in the hands, or which under existing laws may come into the hands, of the Board of Police Commissioners for the City of Baltimore, and to provide for its application,^’ approved April 7th, eighteen hundred and eighty-six. 484 MISCEIvLANEOUS EOCAt LAWS. Long Bridge. 1892, ch. 356. P. E. L., (1888) Art. 4. Sec. 756c. jurisdiction and authority of the Board of Bridge. Police Commissioners for the City of Baltimore is hereby declared to extend to and over the bridge across the Patapsco river, known as the Long Bridge or Light Street Bridge ; and said Board and their police force shall on and under said bridge, preserve the public peace, prevent crime, arrest offenders, protect the rights of persons and property, and prevent and remove nuisances ; provided, however, that if any crime be actually committed by any person who shall be arrested by said police, the offender shall be delivered to the proper jurisdiction for trial and punishment. Telegraph to House of Correction. 1882, ch. 156. P. L. L., (1888) Art. 4, Sec. 757. Mayor and City 782. The Mayor and City Council of Baltimore shall keep and maintain, at their own proper cost and expense, the line of telegraph from the House of Correction, in Anne Arundel County, to the police headquarters in Balti- more City, transferred to them by the Board of Public Works, and are invested with all the rights and privileges granted to telegraph companies under the General Incor- poration Laws of the State in the working and maintenance of this line. Thieves and Pickpockets. 1864, ch. 38. P. L. E., (1888) Art. 4, Sec. 758. 783. It shall be the duty of all police officers in Balti- Arrest of. at more City to arrest and take before some one of the station public places, house Justices in Baltimore City, all persons whom they shall find in any passenger railway car, or in or about any railway depot in Baltimore City, or in any place of public amusement, or in any street of the City, who they shall know or have good reason to believe are common thieves or pickpockets, and said Justices shall commit or bail such POLICE COMMISSIONERS — THIEVES AND PICKPOCKETS. 485 person for trial before the Criminal Court ; and if any per- son in Baltimore City shall be charged on oath before any station house Justice of the Peace in Baltimore City, or before the Judge of the Criminal Court, with being a com- mon thief or pickpocket, such Justice or Judge shall issue a warrant for the arrest of such person, and commit or bail him for trial ; and any person convicted in the Crimi- nal Court of Baltimore of being a common thief or common pickpocket, shall be imprisoned in jail not more than two^^"^^‘^- years nor less than six months, and be fined not more than one hundred dollars ; but if any person is arrested a second time, or more, for such offence, he shall be convicted only on proof that he has continued to be a common thief or common • 1 1 r* 1 • 1 • 1 • • thieves. pickpocket tor at least one month since his last conviction or acquittal, and it shall be necessary to charge in the indictment only that the person is a common thief or com- mon pickpocket ; and any evidence, either of facts or repu- tation proving that such person is habitually and by practice a thief or pickpocket shall be sufficient for his conviction, if satisfactorily establishing the fact to the court or jury by whom he is tried ; and there shall be no discretion in justice any police officer or Justice of the Peace to discharge or release any person who is by such proof before them, or knowledge on their part, shown to be a thief or pickpocket as aforesaid, but such person shall be bailed or committed for trial, and no conviction or charge of, or for being a common thief or pickpocket, shall prevent any such person from being tried and convicted for any particular act of larceny he may have committed. World V. State, 50 Md. 49. 1864, cli. 38. P. L. L., (1888) Art. 4. Sec. 759. 7 84. If any person shall be arrested at any place on the Arrests of, on line of the Baltimore and Ohio Railroad, or on the line of the p^mTse^s Northern Central Railroad, or on the line of the Philadelphia, Wilmington and Baltimore Railroad, or in any of the cars or depots, or at any of the stations on said roads, or on any ferry-boat employed to carry passengers over any part of said road, and within the limits of this State, charged 486 MISCKIvLANKOUS LOCAI, LAWS. Bail, trial, etc. Police and em ployes to make arrests Proof and penalty. Misdemeanor to imperson- ate police- man. with being a common thief or pickpocket, such person may be taken before any Justice of the Peace of the county in which said place or depot or station may be situated ; or if such person be arrested in any car, or on any ferry-boat, before any Justice of the Peace of the nearest convenient county or any station house Justice of the City of Balti- more ; and such Justice shall, on proof, as provided in the preceding section, commit or bail such person for trial before the Circuit Court of the county or the Criminal Court of Baltimore, as the case may be ; and all police officers of Baltimore City, and all conductors of trains and ■ police employed by any of said railway companies, and all • constables and bailiffs of any county or city on the lines of said road, shall arrest all such persons at any of the places aforesaid, on the same knowledge and proof of their being common thieves or pickpockets as provided in the preceding section, and the said Justice shall commit or bail such person on the same knowledge or proof ; and any person convicted in any county on the line of said roads of being a common pickpocket, shall be punished by a fine or imprisonment in the jail of the county for the same time and in the same amount as provided in the preceding section ; and all the provisions of the preceding section shall apply to all cases under this section, except so far as altered by this section. Personating Policemen. 1890, ch. 504. P. L. L., (1888) Art. 4, Sec. 759A. 1902, ch. 319. 785. It shall be a misdemeanor, punishable by imprison- ment in the jail of Baltimore City for not more than one year, or by fine of not less than five dollars for any person not a member of the police force of Baltimore City, sheriff or deputy sheriff of Baltimore City, to falsely repre- sent himself as being such member, sheriff or deputy sheriff with fraudulent design upon person or property, or upon any day or at any time to have, use, wear or display, without the authority of the Board of Police Commissioners or sheriff of Baltimore, any shield, button, wreath, number or any other insignia or emblem of office PRATT FREE LIBRARY. 487 such as are worn by the police force, sheriff or deputy sheriff of said City. New Station Houses. 1892, ch. 185. P. L. L., (1888) Art. 4, Sec. 759A. 786. The Board of Police Commissioners are authorized and empowered to purchase or lease ground in the twenty- first and twenty-second wards in the City of Baltimore, or ground for. in either of them, as may be suitable in their judgment for the erection of a station house or houses thereon, and they are hereby authorized and empowered to have erected thereon such station house or houses as they may deem suitable and proper. 1892, ch. 185. P. E. E., (1888) Art. 4, Sec. 759B. 787. The title to said lot of ground and the improve- ments thereon, shall be vested in the Mayor and City Title to ground. Council of Baltimore City. 1892, ch. 185. P. E. E., (1888) Art. 4, Sec. 759C. 788. The purchase of said ground, and the cost of to pay for from erection of said station-house or station-houses, shall be paid by the said Board of Police Commissioners out of their special fund. PRATT FREE LIBRARY. 1882, ch. 181. P. E. E., (1888) Art. 4, Sec. 760. 789. It shall be the duty of the Mayor to appoint a visitor, who shall, as often as once a year, examine the books and accounts of the Trustees of the ‘ ‘Enoch Pratt ^5? vfsitir?^ Free Library of Baltimore City'\ and make a report thereof to the Mayor and City Council of Baltimore ; and said Mayor and City Council shall, in case of any abuse of their powers by said Trustees or their successors, have the right to resort to the proper courts to enforce the perform- ance of the trust imposed on them. 488 MISCELLANEOUS LOCAL LAWS. To receive bequests. Exempt from taxes. Safety gates a street cross- ings. 1900, ch. 221. §789a. The Enoch Pratt Free Library of Baltimore City is hereby empowered to receive any gifts, bequests, devise or conveyance of real or personal property, which may be made to it or to its Trustees, and to hold the title to said property, and from time to time convey the same by deed or otherwise, according to the nature thereof, to the Mayor and City Council of Baltimore, for the use of said library, so that the title thereto shall be vested in the said Mayor and City Council of Baltimore, in the like manner and for the same uses as the property mentioned in the original Act incorporating said library, passed at the January Session, 1882, Chapter one hundred and eighty- one, subject to the same management and control. 1882, ch. 181. P. L. L., (1888) Art. 4, Sec. 761. 790. The real estate and personal property vested in said Mayor and City Council by virtue of the Acts of 1882, chapter 181, authorizing the establishing of the Enoch Pratt Free Library of Baltimore City, and to become vested by future purchases under the provisions of said Act, and the funds and franchises of the ‘ ‘Enoch Pratt Free Library of Baltimore City,’’ shall be exempt from all State and municipal taxes, forever. RAILROADS. Safety Gates. 1884 ch. 420. P. L. L., (1888) Art. 4, Sec. 763. 791. All railroad companies whose tracks cross any street in Baltimore City at grade, are required to place, erect and keep in operation and repair, safety gates at all such street crossings in said City, which said gates shall be closed on the approach of any and every train of cars or RAILROADS — STOP-OVER PRIVILEGES. 489 locomotive, and kept closed until the said cars or locomo- tive have completely passed said street crossings. Textor v. B. & O. R. R. Co., 59 Md. 63. *B. &0. R. R. Co. v. Stumpf, 97. Md. 89. *Jenkins v. B. & O. R, R. Co., 98 Md. 404. also, N. C. Ry. Co. V. Gilmore, 100 Md. 404. 1884, ch. 420. P. L. L., (1888) Art. 4, Sec. 764. 792. Any railroad company violating the provisions of the foregoing section shall be liable to a fine of fifty penalty, dollars for each crossing, and for every day on which said safety gates are neglected to be erected or operated ; said fine to be collected as other fines are now collected. 1902, ch. 615, Sec. 1. §792a. No railroad company incorporated by or under the authority of this State, or doing business therein, shall issue, sell or receive tickets for passage through the City of Baltimore, or make agreement or agreements with any other railroad company or companies outside of this State ^SS?d^haii to issue or sell tickets for passage over their respective aftlched.^°“ lines through the City of Baltimore, unless there is a coupon on said ticket for passage from a given place in or out of this State to the City of Baltimore, and another coupon on said ticket from the City of Baltimore to a given place in or out of this State. 1902, ch. 615, Sec. 2. §792b. In issuing or selling all tickets for passage in this State through the City of Baltimore, or making agree- ments with other railroad companies outside of this State ® to issue or sell tickets for passage through the City of granted. Baltimore, the said tickets shall permit the holders thereof Memorandum. — In the recent case, Klein v. U. Rys. & Electric Co., Daily Record, January 4, 1906, it was held that the use of large cars swinging 2 feet 2 inches over the sidewalk, is not an unlawful use and does not interfere with access to property of abutting owner, and is not an additional servitude. 490 MISCKIvIvANEOUS EOCAIv eaws. Must stop at least three minutes at principal station. Penalty for violation. lyimited to twelve. to a stop-over privilege of at least forty-eight (48) hours in the City of Baltimore ; provided, that nothing in this section shall prohibit railroad companies from issuing and selling tickets without this stop-over privilege in the City Baltimore, for special occasions, when the tickets for passage are good only on excursion trains not on the regular schedule of the railroad. 1902, ch. 615, Sec. 3. §792c. All passenger trains passing through the City of Baltimore must stop at least three minutes at the principal station of the company operating said trains, and the stoppage of all trains must be announced in such manner as will give passengers ample opportunity to get off. 1902, ch. 615, Sec. 4. §792d. Any manager, officer, agent, conductor, or employe, who shall violate any of the provisions of this Act shall be guilty of a misdemeanor and upon indictment and conviction thereof shall be fined not less than one hundred dollars, nor more than five hundred dollars for each offense, one-half of said fine to go to the informer. Hours of Labor. 1886, ch. 163. P. Iv. Iv., (1888) Art. 4, Sec. 765. 793. No street railway company incorporated under the laws of this State, and no officer, agent or servant of such corporation, and no person or firm owning or operating any line or lines of street railways within the limits of this State, and no agent or servant of such firm or person shall require, permit or suffer its, his or their conductors or drivers, or any of them, or any employes in its, his or their service, or under his, its or their control, to work more than twelve hours during each or any day of twenty- four hours, and shall make no contract or agreement with such employes, or any of them, providing that they or he shall work for more than twelve hours during each or any day of twenty-four hours. RAILROADS — STREET RAILWAY FARES. 491 1886, ch. 163. P. L. E., (1888) Art. 4, Sec. 766. 794. Any corporation which shall in any manner violate any of the provisions of the preceding section shall be deemed to have misused or abused its corporate powers and franchises, and the Attorney-General of the State, Attorney Gen- .. TT ... « eral to pro- upon the application m writing, made by any citizen oi this State, accompanied by sufficient proof of such viola- violation, tion, shall forthwith, without further authorization, insti- tute proceedings for the forfeiture of the charter of such corporation, by petition in the name of the State, in the manner provided by the laws of this State for the enforce- ment of the forfeiture of the charter of any corporation which has abused or misused its corporate powers or franchises. 1886, ch. 163. P. L. L., (1888) Art. 4, Sec. 767. 795. If any corporation, or any officer, agent or servant of such corporation, or any person or any firm managing or conducting any street railway in this State, or any agent or servant of such person or firm, shall do any act in violation of the provisions of section 793, it, he or they shall be deemed to have been guilty of a misdemeanor, and shall, on conviction thereof in a court of competent juris- diction, be fined one hundred dollars for each offence so committed, together with the costs of such prosecution. Street Railway Fares. 1882, ch. 229. P. L. L., (1888) Art. 4, Sec. 768. 1900, ch. 313. 796. The United Railways & Electric Company of Baltimore, its successors and assigns, shall charge five cents, and no more, as a fare for the conveyance of each passenger over twelve years of age, and three cents, and Rate* of fare, no more, for each child between the ages of four and twelve years, from any point on any of its lines to any other point on such lines within the City of Baltimore ; provided, that such Company shall give a free transfer, when the same shall be requested, upon the payment of each cash 492 MISCEI.I.ANKOUS EOCAE LAWS. Tax on gross receipts. Board may e amine ac- counts of Railway Companies. fare, which transfer shall be good at all points of inter- section of lines of said railway for a continuous ride, except at such points on said lines where such form a route so as to permit a passenger to return in the same general direc- tion of the line upon which the transfer was issued, the privilege of transfer not to apply to the terminus of any line or route ; provided, that nothing in this Act shall be construed to affect any of the interests of the Mayor and City Council of Baltimore in the said United Railways and Electric Company of Baltimore ; or any of the railways consolidated under the corporate name. Garrison v. U. Rys. Co., 97 Md. 350. Park Tax, 1882, ch. 229. P. E. L., (1888) Art. 4. Sec. 769. 797. The said several passenger street railway com- panies shall pay to the Mayor and City Council of Baltimore, a tax upon their gross receipts of nine per cent., in quarterly instalments, on the first day of January, April, July and October, in each year. Union Pass. Ry. Co. Baltimore, 71 Md. 238. Park Tax Case, 84 Md. 1. P. L. L., (1888) Art. 4. Sec. 769A. 1894, ch. 550. 798. The Board of Park Commissioners, or any agent or agents of the said Commissioners, authorized in writing by a certificate signed by the president and secretary thereof, shall have authority and power from time to time, and at any time the said Board of Park Commissioners see fit, to make examination of the books, accounts and car fare registers of any or all of the street railway companies in the City of Baltimore, for the purpose of satisfying said Board of Park Commissioners that returns of the “park tax’^ are fairly and correctly made by said companies, and by each and every one of them ; and any street railway company whose officers shall neglect or refuse, on demand of said Board of Park Commissioners, to permit the said RAILROADS — PARK TAX. 493 Commissioners or any agent or agents of said Commis- sioners authorized in writing as above prescribed, to at any time inspect its said books, accounts and carfare registers or any of them, shall forfeit and pay a fine of one hundred dollars for each and every day it shall so neglect or refuse to comply with such demand ; said pen- alty to be collected by an action of debt in the name of the Mayor and City Council of Baltimore. Park Tax Case, 84 Md. 1. P. L. h., (1888) Art. 4, Sec. 769B. 1894, ch. 550. 799. On default of any of the street railway companies operating street railway lines within the present City limits, in the payment of the park tax of nine per centum of the gross receipts from all street railway lines within ^ the present City limits, for the term of ten days after the park tax. expiration of any quarter, the company or companies so in default shall pay a penalty at the rate of thirty per cent, per annum, on the amount due from it, for the time it shall continue in default ; said penalty to be recovered by an action of debt, in the name of the Mayor and City Council of Baltimore. Park Tax Case, 84 Md. 1. P. L. L., (1888) Art. 4, Sec. 769C. 1894, ch. 550. 800. If any officer, agent or employe of any street railway company within the City of Baltimore shall know- ingly, wilfully and corruptly certify to the Board of Park certifica- Commissioners a less sum than is actually due as the park tip"- tax of nine per centum of the gross receipts from the lines of such company within the City limits, he shall be guilty of a misdemeanor, and on conviction thereof shall suffer imprisonment for not more than six months in jail, or pay a fine of not more than one thousand dollars, or both, in the discretion of the Court. Park Tax Case, 84 Md. 1. 494 MISCEleF perpetuity, any franchise or right whatsoever (as a fran- chise or right in perpetuity) which heretofore has not been owned or enjoyed by the said United Railways and Electric Company of Baltimore as and for a right perpetual, or franchise or right in perpetuity. 1906, ch. 566, Sec. 2. §800b. In view of the fact that the beds or parts of the beds, of said roads, or some of them are now occupied by the United Railways and Electric Company of Baltimore, and its rights in such roadbeds, or parts of roadbeds, are 496 MISCELLANEOUS LOCAL LAWS. ^tfononh?" Pi*oposed to be acquired by the Mayor and City Council of ownS^by Baltimore for the sole purpose of securing for the public SSp^nsTthe unconditional use thereof as public highways, the of Estimates is hereby authorized, in its discretion, fliiwa^y 'com- acquisition of said roadbeds, or parts of roadoeds, faHwfy'^f^Li- Mayor and City Council of Baltimore, should the stStVfo^a"^ Railways and Electric Company of Baltimore, its assigns apply for the franchise or right of Sid^ease-^ using any of said roadbeds, or part of roadbeds, for its rail- ments. Jinos, to fix the compensation or compensations, to be paid therefor, without reference to any other application, or applications, for the same franchises or rights by any other person or corporation, and free from the obligation cast upon it by Section 37 of Article 4, entitled ‘ ‘City of Baltimore, of the Code of Public Local Laws of Maryland, to fix the compensation to the Mayor and City Council of Baltimore in such cases at the largest amount that it may be able by advertisements or otherwise to obtain for the franchise or right; provided however, that said compensation, or compen- sations, shall in no case be fixed by said Board of Estimates at a lower sum or sums than the sum or sums which the Mayor and City Council of Baltimore shall have paid, or be- come obliged to pay, unto said Company, whether as the result of condemnation proceedings or otherwise, under the provisions of Chapter 274 of the Act of the General Assem- bly of Maryland for the year 1904, for the purpose of acquir- ing the respective street railway franchises, easements interests or rights now or hereafter possessed or enjoyed by said Company in said respective roadbeds, or parts of road- beds as to which said application or applications for new franchises or rights shall or may be made by said Company as aforesaid. Prohibiting Tracks on Certain Streets.* P. L. L., (1888) Art. 4, Sec. 769A. 1892, ch. 115. 1894, ch. 69. 1894, ch. 150. 1894, ch. 439. 1896, ch. 74. 1896, ch. 403. 1896, ch. 405. 1900, ch. 149. 1902, ch. 558. 1904, ch. 35. 1906, ch. 253. 801. It shall not be lawful for any person or corpora- tion to lay any railway track upon Mount Royal avenue *NoTK.— This section has been modified to conform to provisions of Acts 1900, ch. 149; 1902, ch. 558; 1904, ch. 35 and 1906, ch. 253. RAILROADS— PROHIBITING TRACKS ON CERTAIN STREETS. 497 between Guilford and North avenues, or upon Cathedral street between Saratoga street and Mount Royal avenue, are or upon Saint Paul street from Baltimore street northerly to Huntingdon avenue, or upon Calvert street from Read street northerly to the City limits, or upon Gough street from Bond street easterly to Patterson Park avenue, or upon Broadway from Baltimore street north to North avenue, except upon the streets where tracks are now laid, or upon Caroline street between Preston street and North avenue, or upon Eager street between Park and Wolfe streets, or upon the old York Road from its intersection with the York Turnpike to Willow avenue, in the City and County of Baltimore, or upon McCulloh street between Eutaw street and North avenue, or upon Baltimore street between Patterson Park avenue and Canton street, or on Barclay street, or on Bid- dle street between Broadway and Maryland avenue, and when the tracks of the Lake Roland Elevated Railway Company shall have been removed from Oak street, Hamp- den street. Cedar avenue. Elm avenue and Merryman’s lane, in the City of Baltimore, thereafter it shall not be lawful for any person or corporation to lay any railway tracks upon the said portion of said streets so occupied by the said Lake Roland Elevated Railway Company, or upon Hanover street between Lee street in the City of Baltimore and the southern extremity of said street which terminates at Spring Garden harbor, or upon any of the streets, lanes, avenues and highways above mentioned, without the con- sent of the General Assembly of Maryland ; provided, that Proviso, this sub-division of this Article shall not restrict in any way the right of any passenger railway now incorporated, or that may hereafter be incorporated, to cross said streets where such railway company shall be authorized by the Mayor and City Council of Baltimore to use any street or avenue opening into or crossing said beforementioned streets or highways. The maintenance or laying of any tracks for street railways or other purposes on Cedar ave- nue, in the City of Baltimore, be and is hereby forbidden. And it shall not be lawful for any person or corporation to lay any railway tracks upon Chase street, between Broadway and Maryland avenue, nor upon Evergreen 498 MISCELLANEOUS LOCAL LAWS. Prohibiting tracks on por- tion of lyom- bard street. Provisoes. Plan of index. Terrace, between Fulton avenue and Orem lane or avenue, in the City of Baltimore, without the consent of the Gen- eral Assembly of Maryland. 1900, ch. 746. 1902, ch. 99. §80 la. It shall not be lawful for any person or corpo- ration to lay any railway tracks upon Lombard street, be- tween Patterson Park avenue and Exeter street, in the City of Baltimore, without the consent of the General Assembly of Maryland ; provided, that this Act shall not restrict in any way the right of any passenger railway company now incorporated, or that may hereafter be in- corporated, to cross said Lombard street, when such rail- way company shall be authorized by the Mayor and City Council of Baltimore to use any street or avenue opening into said Lombard street ; and provided further, that nothing herein contained shall be construed to impair or limit in any manner the powers and rights of the Mayor and City Council of Baltimore to regulate the use in all re- spects of said street under the provisions of this Article. * RECORDS. 1886, ch. 289. P. L. L., (1888) Art. 4, Sec. 770. 802. It shall be the duty of the Clerk of the Superior Court of Baltimore City to formulate and prepare a new plan or system for the indexing of all deeds, conveyances and other papers required by law to be recorded among the land records in his office, and submit the same to the Supreme Bench of Baltimore City for its approval. 1886, ch. 289. P. L. L., (1888) Art. 4, Sec. 771. 803. Upon the adoption and approval of the plan or system of indexing authorized by the preceding section, the Clerk of the Superior Court of Baltimore City is *Note. — The Acts of 1900, ch. 746 and 1902, ch. 99, are practically identical in considering the part of Lombard street affected by both Acts. RECORDS — SABBATH. 499 authorized and directed to make and prepare for use in his ^c^mSyancis said office, a new index of all land records and conveyances in his keeping, upon the plan or system so adopted and approved, in books suitable for the purpose ; and all deeds and conveyances hereafter recorded among said land records, shall be indexed upon the plan or system aforesaid. 1886, ch. 289. P. L. L., (1888) Art. 4, Sec. 772. 804. Whenever, from age or wear, any of the record books in the keeping of the Clerk of the Superior Court of Baltimore City shall be in danger of destruction or oblitera- Renewals of tion, it shall be the duty of the Clerk of said Court, when required so to do by the Supreme Bench of said City, to renew any such record book by transcribing the same into new books. 1886, ch. 289. P. L. L., (1888) Art. 4, Sec. 773. 805. The cost of making and preparing such new in- dexes and records shall be paid out of the fees collected by cost, the Clerk of the Superior Court aforesaid. SABBATH. 1886, ch. 433. P. h. L., (1888) Art. 4, Sec. 774. 806 . No vehicle of any description shall be permitted to carry ice upon the streets or highways of Baltimore gaie of ice on City, for the purpose of selling the same, on the Sabbath prohibited. Day, commonly called Sunday. 1886, ch. 433. P. L. h., (1888) Art. 4, Sec. 775. 807 . If any person or corporation be found guilty of causing or in any way contributing to the violation of the Penalty, preceding section, he or it shall be subjected to a fine of not more than fifty dollars, in the discretion of the courts. 500 MISCEI.I.ANEOUS EOCAE EAWS. **SCHOOLS. Intestates^ Estates. P. E. E., (1860) Art. 4, Sec. 829. P. E. E., (1888) Art. 4, Sec. 781. 808 . The Orphans’ Court of said City shall order and direct the funds arising from intestates’ estates that may be administered upon in said court, and which remain un- distributed for want of legal representatives of the intes- tates to claim the same, to be paid to the Board of School Commissioners. P. E. E., (1860) Art. 4, Sec. 830. P. E. E., (1888) Art. 4, Sec. 782. 809 . The Court shall not make such order until they shall be satisfied that the intestate left no legal represen- tatives living at the time of his death ; and they shall cause the administrator of such intestates to give notice. Administrator by advertisement to be inserted for such periods of time to give notice. iu uewspapers published in such places as they may deem necessary, that upon default of the appearance of any legal representative of the intestate, by a certain day to be fixed by the Court and named in said advertisement, the estate of said intestate will be paid to the Board of School Commissioners. Charlotte Hall v. Greenwell, 4 G. & J. 407. Thomas v. Visitors of Frederick County School, 7 G. & J. 369. P. E. E.. (1860) Art. 4, Sec. 831. P. E. E., (1888) Art. 4, Sec. 783. 8i0. They shall, upon passing an order directing such payment, require from the Treasurer of the Board of School Commissioners, or any other officer who may be appointed by the said Board of School Commissioners or the Mayor and City Council of said City to receive such mlSltrator. fuuds, a rcccipt and release to the administrator for the same. **NoTE. — The Act 1906, ch. 552, authorized an issue of city stock amounting to $1,000,000 for the acquisition of land for public school buildings when the ordinance providing for the issue thereof shall be submitted to and approved by the people. SCHOOLS — JOHNS HOPKINS UNIVERSITY. 501 P. L. L., (1860) Art. 4, Sec. 832. P. L. L., (1888) Art. 4, Sec. 784. 811 . The release shall contain an obligation that the said funds shall be applied by the Board of School Commis- sioners to the use and support of the public schools of the ^^Teie°ase. City of Baltimore, and shall be recorded and preserved in said court as other records are. P. L. L., (1860) Art. 4, Sec. 833. P. L. L., (1888) Art. 4, Sec. 785. 812 . If the estate of an intestate shall be paid to the Board of School Commissioners under this law, and any legal representatives of the intestate of no remoter degrees among collaterals than brothers^ or sisters’ children, shall at any time appear and prove him, her or themselves to be Restoration such legal representatives, the Board of School Commis- ^pr'es^fta- sioners who received such estate, or their successors, if the appear, same shall be in their hands or shall have been applied to the use of the public schools, shall restore the same to such legal representatives out of the school fund under their direction. P. L. L., (I860) Art. 4, Sec. 834. P. L. L., (1888) Art. 4, Sec. 786. 813. Nothing contained in this sub-division of this ^otjo affect Article shall be construed to interfere with or affect the rights vested in the Charitable Marine Society of Baltimore. JOHNS HOPKINS UNIVERSITY. 1876, ch. 84. P. L. L., (1888) Art. 4, Sec. 787. 814. The Johns Hopkins University, a corporation duly incorporated by certificate recorded in the office of the Clerk of the Circuit Court for Baltimore County, shall have power to establish branches of the said university in power toestab- the City of Baltimore, to hold, or to purchase and hold, all property in said City, needed for the successful conducting of the branches of the said university in said City, and to keep and maintain a principal office in said City for the conduct 6f the business of the said university. 502 M1SCEI.I.ANEOUS EOCAE EAWS. 1876, ch. 84. P. E. E., (1888) Art. 4, Sec. 789. 815. The said Johns Hopkins University shall have power to admit students of the said university who shall merit distinction to the office and profession of surgeon, or to the degree of doctor of medicine, or of doctor of laws, or of bachelor or master of arts ; to grant to students in such university such certificates of proficiency and attain- ments in any special study as the said university may see proper to confer ; and to grant the honorary degrees of doctor of laws, doctor of medicine, and master of arts, or such other degrees as may be proper, to any person who may merit such distinction, whether such person be a stu- dent of such university or not. McDONOGH EDUCATIONAL FUND AND INSTITUTE AND OTHER INSTITUTIONS. 1888 ch. 102. P. E. E., (1888) Art. 4, Sec. 789. . 816. The Mayor and City Council of Baltimore is authorized, upon the transfer and surrender to it, by the Board of Trustees of the McDonogh Educational Fund and Institute, of the City stock or certificates of indebtedness, in which the said educational fund is now, under the City ordinances, invested, in consideration of such transfer and surrender, to issue and deliver to the said Board of Trus- tees, the stock or certificates of indebtedness of the Mayor and City Council of Baltimore, to the amount of one million City may issue dollars, in the form prescribed by law for such certificates, stock for one minion doi- redeemable m the year ot our Lord, nineteen hundred and thirty-eight, and bearing interest, payable quarterly, at the rate of five per cent, per annum. To pass an ordinance providing for the said transfer and surrender of said City stock or certificates of indebtedness, in which the educa- tional fund derived under the will of John McDonogh, is now invested, and for the issue and delivery to the Trus- tees of the McDonogh Educational Fund and Institute, in consideration of such transfer of said City stock or certi- ficates of indebtedness of the Mayor and City Council of Baltimore, to the amount of one million dollars. Before the ordinance which the Mayor and City Council of Balti- TEXT BOOK UPON Cl VIE GOVERNMENT. 503 more is authorized and empowered to pasSj shall take effect, it shall be approved by a majority of the votes of the legal voters of the said City, cast at the time and place to be appointed by said ordinance for submitting the same ^rs. to the legal voters of said City, as required by Section 7 of Article XI, of the Constitution of Maryland. To appro- priate annually for the Baltimore Manual Labor School for Indigent Boys, sum or sums of money not exceeding fifteen hundred dollars per annum. Upon transfer and surrender to it, by the Peabody Institute of the City of Baltimore, of six per cent. City stock, to an amount not exceeding five hundred thousand dollars, to issue and de- liver to the said Peabody Institute, in consideration of such transfer and surrender. City stock in the form prescribed for such certificates by the Baltimore City Code of eighteen hundred and seventy-nine, redeemable in the year of our Lord nineteen hundred and fifty, and bearing interest at the rate of not more than five per cent, per annum; pay- able quarterly ; and to pass an ordinance providing for such transfer of said stock, and for the issue and delivery to the said Peabody Institute, in consideration of such transfer and surrender of stock or certificates of indebted- ness of the Mayor and City Council of Baltimore, to the amount of not over five hundred thousand dollars, as authorized above, bearing interest at not more than five per cent, per annum, payable quarterly. Text Book Upon Civil Government. 1898 , ch. 520 . §8 16a. The State Board of Education and the Board of Public School Commissioners of Baltimore City are hereby required to furnish the public schools of this ®°commfssioS- State with a text-book upon civil government in addition to the text-books now furnished them, and shall be included in the branches of study now taught in the public schools, and shall be taught to and be studied by all pupils whose capacity will admit of it, in all departments of the public schools of this State and in all educational institutions supported wholly or in part by money from the State. 504 MISCKI.I.ANKOUS LOCAI, I.AWS. SEWERS. •P. Iv. Iv., (1860) Art. 4, Sec. 836. P. L. P., (1888) Art. 4, Sec. 793. Obstruction of; 817 . If any person shall wilfully stop up, obstruct, injure or damage the passage of the waters of any of the common or private sewers or drains, he shall be fined a sum not exceeding one hundred dollars, to be collected as other fines are collected. 1868, ch. 181. P. L. L., (1888) Art. 4, Sec. 794. 818 . The Mayor and City Council of Baltimore shall have full power to provide for constructing, opening, enlarging or straightening, subject to the provisions here- ^ s^ucb inbefore contained as to the Board of Public Improvements and the Board of Estimates, any sewer or drain, public or private, through any private property, upon giving thirty days’ notice in writing to the owner or agent of said private property, or to one of them, if more than one, leaving such notice at the usual place of abode of such owner or agent, or at the usual place of abode of one of them, if more than Procedure. noYie of Said parties live in the City of Baltimore, by setting up said notice on the land or premises; to pro- vide for ascertaining what amount of actual benefit will thereby accrue to the owner or possessor of any ground or improvements within or adjoining the City, being governed as far as practicable by the number of superficial feet drained, and to provide for assessing and levying, either generally on the whole assessable property of the said City, or by a loan for the special purpose for constructing, open- ing, enlarging or straightening any sewer, the sum necessary to pay the expense or cost, or specially on the property of persons actually benefited, the whole or any Damages. part of the damages and expenses which they shall ascer- tain will be incurred in constructing, opening, enlarging or straightening any sewer in any street, lane or alley, or through any private property in said City; to provide for granting appeals to the Court having jurisdiction thereof in Baltimore City, from the decision of any commissioners or other persons appointed in virtue of any ordinance to SEWERS — CONDEMNATIONS FOR- 505 ascertain the damage which will be incurred or the benefits which will accrue to the owners or possessors of any ground or improvements for constructing, opening, enlarging or straightening in any street, lane or alley, or through any private property, any sewer which in their opinion the public welfare or convenience may require, and for securing to every such owner or possessor the right on application within a reasonable time to have decided by a jury trial whether any damage and what amount of damage has been caused, or whether any benefit and what amount of benefit, has accrued to them ; and to provide for collecting and paying over the amount of compensation adjudged to each person to receive the same, or investing in stock of said corporation, bearing interest of five per centum per annum, for the use of any person who because of infancy, absence from the City, or other cause, may be prevented from receiving it, before any sewer shall be constructed, opened, enlarged or straightened in any street, lane or alley, or through any private property, and to enact and pass all ordinances from time to time which shall be deemed necessary and proper to exercise the power and effect the objects herein specified. 1868, ch. 181. P. Iv. Iv., (1888) Art. 4, Sec. 795. 819. The amount of benefits assessed on any property for constructing, opening, enlarging or straightening any sewer in any street, lane or alley, or through any private property, constructed, opened, enlarged or straightened by virtue of any ordinance passed by the Mayor und City Coun- cil of Baltimore, shall be a lien on the property and recover- able as City taxes are. 820 . No private sewer or drain shall be constructed, permitfrom 1 T . T . , . City Engi- altered or repaired without a permit from the City Engineer.** **Note. — Sec. 820 is modified by Act 1906, ch. 144. See ante, .See. 6, sub division “Sewers,” page 68. 506 MISCKI^IvANEOUS EOCAE EAWS. Notice before ordinance is passed. Notice before acting under ordinance. City’s share of cost. 1868, ch. 181. P. L. E., (1888) Art. 4, Sec. 796. 1906, ch. 103. 821. Before the Mayor and City Council of Baltimore shall pass any ordinance under this Article relating to the constructing, opening, enlarging or straightening any sewer through any private street, lane or alley, or through any private property, notice shall be given of an appli- cation for the passage of such an ordinance in at least two of the daily newspapers of said City twice a week for thirty days. 1868, ch. 181. P. E. E., (1888) Art. 4, Sec. 797. 822. Before any Commissioners appointed by any ordinance of said corporation under the preceding sections hereof shall proceed to the performance of their duty, they shall give daily notice, in at least two newspapers in the City of Baltimore, of the object of the ordinance under which they propose to act, at least thirty days before the time of the first meeting to execute the same. 1868, ch. 181. P. E. E., (1888) Art. 4, Sec. 798. 823. Should the Commissioners appointed by the Mayor and City Council of Baltimore assess any part of the ex- pense and damage incurred in the construction, opening, enlarging or straightening any sewer in the City, upon the Mayor and City Council of Baltimore, the said Mayor and City Council of Baltimore may levy a tax on the assessable property of the City for the amount of such assessment, or they may raise the necessary amount by a loan, for the payment of which they may create a sinking fund to meet the liabilities incurred ; and may also levy on the assessable property of the City of Baltimore from time to time such sums as may be necessary to provide therefor, and for the principal and interest of the liabilities incurred, and may pass all ordinances necessary to carry out the provisions of the same. 1882, ch, 406. 1888, ch. 131. P. E. E., (1888) Art. 4, Sec. 799. 824. The Mayor and City Council of Baltimore are authorized to issue the stock of the City of Baltimore for SEWERS — NEW SEWERAGE SYSTEM. 507 the amount of five millions of dollars ; said stock to be ^\oa “for°” issued from time to time as the Mayor and City Council of Baltimore shall by ordinance prescribe ; the proceeds of schools, said stock to be used for the opening, widening, paving and repaving of streets, the constructing of sewers, the supplying of school buildings in the City of Baltimore, and the improvement of the public parks. The said stock shall be in such amounts, payable at such time or times, and shall bear such rate of interest as the said Mayor and City Council of Baltimore shall provide by ordinance ; but the said stock shall not be issued unless the ordinance which the Mayor and City Council of Baltimore is hereby author- ized to enact shall be approved by a majority of the votes of the legal voters of said City, cast at the time and place to be appointed by said ordinance in the provision for sub- mitting the same to the legal voters of said City, as required by Section 7 of Article XL of the Constitution of the State. New Sewerage System. 1901 ch. 19. 1904 ch. 349, Sec. 1. §8 24a. The Mayor of the City of Baltimore is hereby authorized to appoint in the manner prescribed by Section 25 of Article 4, entitled ‘'City of Baltimore,” of the Public Local Laws of Maryland, and subject to the condition that three appointees shall be members of the minority party within the meaning of Section 30 of said Article, six capable and upright citizens of the City of Baltimore, who, together with the Mayor himself ex officio shall constitute a special commission to be known as the Sewerage Commission of the City of Baltimore, and who sewerage com- shall continue in office from year to year until the work of said commission under this Act has been fully and finally completed in every respect. If, however, the Second Branch of the City Council of the City of Baltimore shall reject three several and successive nominations by the Mayor to any position on said commission, he shall be empowered to make an appointment thereto without its confirmation. 508 MISCELLANEOUS LOCAL LAWS. ^ce”r^iofeHgi municipal official or other officer of the Mayor and City Stmenton Baltimore, whether holding a paid or an unpaid same. offico or position under the said corporation shall be eligible for appointment to said commission, and all persons ap- pointed to said commission shall qualify and be subject to removal by the Mayor, except that there shall be no removal at any time save for cause after charges preferred, as pre- scribed by said Section 25 of Article 4, entitled ‘‘City of Baltimore,'' of the Public Local Laws of Maryland. Any member of said commission may at any time resign there- from by tendering his resignation in writing to the Mayor, and any vacancy in said commission occasioned by the resignation, removal, death or permanent absence from this State of the incumbent, or by supervening incapacity upon his part whether physical or mental, to discharge his duties, or by any other cause operating, such a vacancy, either actually or in effect, shall be filled by the Mayor in the manner and subject to all the conditions as to minority representation, qualification and removal hereinbefore pro- vided for as to original appointees to said commission. All the members of said commission shall receive such compensation as the Mayor and City Council shall by or- dinance provide, not, however, to exceed for the chairman Compensation, the sum of three thousand dollars and for the other mem- bers of said commission a sum not exceeding fifteen hundred dollars each ; and a majority of said members shall be a lawful quorum for the transaction of business ; and said commission shall be taken as superseding in every respect the Sewerage Commission of the City of Baltimore (assuming that said last mentioned commission is not already functus officio) appointed under Resolution No. 189 of the Mayor and City Council of Baltimore, approved May 25, 1893, and continued (or attempted to be continued) by the terms of ordinance No. 2 of the Mayor and City Council of Baltimore, approved November 14, 1899 ; and shall be entitled to the possession and custody of all maps, ^mS?s!Sats. plats, blue prints, sketches, books, papers, documents, writings, letters and chattels in the possession of said last mentioned commission ; and, so soon as the appointed members of said commission shall be qualified, they shall, NEW SEWERAGE SYSTEM — DUTIES OF COMMISSION. 509 with the Mayor acting as a member of said commission ex- officio organize by the election of one of the members of said commission as chairman of said commission, who shall be removable at pleasure by said commission, and shall receive such compensation as it may determine, not ex- ceeding the sum of three thousand dollars per annum, and shall preside over the meetings of said commission and perform such other duties as are imposed upon him by this Act, or as may be assigned to him by said commission, and by the election of a secretary, not a member of said com- mission, who shall be removable at pleasure by said com- mission, and shall receive such compensation as it may determine, not exceeding the sum of twenty-five hundred dollars per annum, and shall enter into a well-bound book and carefully preserve neat, legible and accurate minutes of all meetings of said commission and perform such other duties as usually appertain to the office of secretary of a private corporation or as are imposed upon him by this Act or as may be assigned to him by said commission. All sessions or meetings of said commission shall be open and public and all its records shall be public records, and it ^Jubulf shall annually make to the Mayor a detailed report of all its official transactions and expenditures. 1904, ch. 349, Sec. 2. §8 24b. Said commission shall be charged with the duty of projecting, constructing and establishing a sewer- age system for the collection, transmission and disposal of the house and other sewage and drainage of the City of Balti- more, including, either as a combined or separate feature of said system the collection, transmission and disposal of storm and ground water, respectively, and shall be clothed with each and every and all powers which, by anything short of a palpably forced construction, may be held to be necessary or proper for these purposes, or either of them, among which powers shall be the following, that is to say: 1. To make all such preliminary investigations and to Preliminary do all such preliminary work as should, in its judgment, 510 MISCELLANEOUS LOCAL LAWS. To adopt a sewerage sys- tem. Constructing sewers. build- ings, plants, etc. Deed or deeds. Public sewers and drains. precede the actual projection, construction and establish- ment of said system of sewerage. 2. To project and adopt such a system of sewerage as it may deem best calculated to promote the objects of this Act. ' 3. To construct and establish all such local, district, lateral, intercepting, outfall or other sewers, and all such conduits, drains and pumping or other plants, and all such buildings, structures, works, apparatus or agencies, and to lay all such mains and pipes and to create or use, or create and use, all such instrumentalities and means, within the City of Baltimore, or any Counties of the State, including submerged as well as other lands, as it may deem expedi- ent for carrying said system of sewerage, projected and adopted as aforesaid into full effect. And said commission is hereby specifically empowered to lay or construct, and the Mayor and City Council of Baltimore to maintain, without compensation to the State, any part or parts of said system of sewerage, or of its works or appurtenances, over or upon any part or parts of the bed of the Patapsco river or its branches, or of any land covered by any of the navigable waters of this State, the title to which is held by this State, and if the same be deemed advisable by the said commission, the Governor of Maryland is hereby authorized and directed, upon the application of the said commission, to execute, acknowledge and deliver to the Mayor and City Council of Baltimore such deed or deeds as may be proper for the purpose of fully confirming this grant. 4. To incorporate with said system of sewerage or otherwise utilize for the purpose of this Act, so far as it may deem expedient, any or all existing public sewers or drains, including storm water sewers and drains, in the City of Baltimore, and any and all of their appurtenances, either in their present condition or with such repairs, modifications or changes as said commission may see fit to make, and to condemn, close up, abolish or destroy, in its discretion, any or all such existing public sewers and drains, or to alter their functions, or to increase their bur- dens, as it may think best. SEWERS — NEW SEWERAGE SYSTEM — CHIEF ENGINEER. 511 5. To appoint or employ a chief engineer and such other professional or technical advisers and experts, and such agents, assistants, clerks, employes and laborers, skilled or unskilled, of all kinds, as it may deem requisite, for the due and proper execution of the duties devolved upon it by this Act, or any of them, and to fix their respective com- pensations and to remove or discharge them at pleasure (except such highly trained, experienced or skilled individ- uals as it may agree to appoint or employ upon special terms for definite and fixed periods of time), and to exact from them such indemnity bonds for the proper performance of their respective duties, as it may deem proper. 6. To frame, promulgate and enforce such reasonable Enforcementof rules and regulations for its own government and for the supervision, protection, management and conduct of its work as it may believe expedient. 7. To make and enter in the name and on behalf of the Mayor and City Council of Baltimore any and all contracts, to make con- agreements or stipulations germane to the scope of its duties and powers under this Act. 8. To purchase, hire or otherwise lawfully obtain the use of all such machinery, tools, implements, appliances. Machinery supplies, materials and working agencies as it may need for its purposes ; provided, however, that this enumeration of special powers shall not be construed as restricting in any degree the scope of the general powers hereinbefore conferred upon said commission ; and provided, further, that said commission shall have no authority to construct and establish any sewerage system involving the discharge of sewage, as distinguished from storm water or ground drainage, into the Chesapeake Bay or any of its tributaries. 1904, ch. 349, Sec. 3. §8 24c. The Mayor and City Council of Baltimore, acting by and through the agency of said commission, may Municipality’s acquire by gift, purchase, lease, whatever the duration of qStrl iL^ds the lease, or other like methods of acquisition, or by con- by^g?ft°pu?-^ demnation, any land or property situated wholly or partly Sb^com*^’ within the City of Baltimore or within any of the counties p?See^dings. 512 MISCELLANEOUS LOCAL LAWS of this State, or any interest, franchise, easement, right or privilege therein which may be required for the purpose of constructing and establishing said sewerage system, or any part or parts thereof, or that may be needed for the workings of said system when established, and when and so often as resort shall be had to condemnation proceed- ings, the procedure shall be that marked out by Sections 360 to 365, inclusive, of Article 23 of the Code of Public General Laws of Maryland, relating to condemnation of property by corporations ; or so far as the acquisition by condemnation of any such land or property situated wholly or partly within the City of Baltimore, or any interest, franchise, easement, right or privilege therein is concerned, may in any case or cases, at the option of said commission, be such as may now or at any time hereafter be provided for by any lawful ordinance or ordinances of the Mayor and City Council of Baltimore, adopted pursuant to the powers conferred upon it by Section 6 of Article 4, entitled “City of Baltimore, ^ ’ of the Code of Public Local Laws of Mary- land, title “General Powers,’’ sub-title “Condemnation of Property,” for the condemnation of any land or property or interest therein, situated wholly or partly within the City of Baltimore, or such as may be provided for the very purpose by any lawful ordinance or ordinances of the Mayor and City Council of Baltimore ; which said ordinance or ordinances the Mayor and City Council of Baltimore is hereby fully authorized to adopt ; provided, provision is made therein for reasonable notice to the owner or owners, and for appeals to the Baltimore City Court, including the Right of Ap- right of appeal to the Court of Appeals, by any person interested, including the Mayor and City Council of Balti- more, from the decision of any Commissioners or other persons appointed to value any such land or property, or interest, franchise, easement, right or privilege therein. 1904, ch. 349, Sec. 4. §824d. All individuals and corporations lawfully Obstructions to having buildings, structures, works, conduits, mains, pipes, tracks or other physical obstructions in, over or under the SEWERS — OBSTRUCTION TO A SEWERAGE SYSTEM. 513 public lanes, avenues, streets, alleys or highways of the City of Baltimore, which shall block or impede the progress of said sewerage system, when in process of construction and establishment, shall, upon reasonable notice from said commission, promptly so shift, adjust, accommodate or remove the same, at their own cost and expense, as to fully meet the exigencies occasioning such notice ; and if any such individual or corporation shall refuse, neglect or fail after such reasonable notice to discharge any duty cast upon him or it by this section, he or it shall, in addition to but not in substitution for any other remedy or remedies that said commission or the Mayor and City Council of Baltimore may have in the premises, be subject to a fine of one hundred dollars for each and every offense, and also to an additional fine of fifty dollars a day for every day that said refusal, neglect or failure shall continue ; said . fines to be collected as other fines in the City of Baltimore are collected ; and should the exigencies of said commission and its work in any case involve a taking, in the constitu- tional sense, of the franchise or right in the exercise of which such obstruction had its origin, the Mayor and City Council of Baltimore, acting by and through the agency of said commission, shall be empowered to secure the con- demnation of such franchise or right in the manner provided for in Section 3* of this Act. The preceding provisions of this Section shall likewise be applicable to any such obstruction in, over or under the public highways of any county of this State into which said sewerage sys- tem shall extend. The duty and cost of adjusting or private drains removing private drains and sewers in Baltimore City ^nd sewers, which shall block or impede the progress of said sewerage system when in progress of construction and establish- ment, shall rest upon and be borne by the Mayor and City Council of Baltimore exclusively. 1904, ch. 349, Sec. 5. 1906, ch. 132. §824e. All work done or supplies or materials purchased in carrying out the purposes of this Act when involving an 'Note. — See, section §824c. ante. 514 miscellaneous local laws. expenditure of five hundred dollars or more, shall be by dolfe^by con- contract awarded to the lowest responsible bidder in accord- tract. provisions of Section 14 and 15 of Article 4 entitled “City of Baltimore’ ' of the Public Local Laws of Maryland, provided however that said Commission shall be empowered if it sees fit to insert in the specifications for any such work reasonable and lawful conditions as to the hours of labor, wages and the residence or character of workmen to be employed by the contractor, and especially so far as may be practicable, in the judgment of said com- mission, such reasonable and lawful conditions as will tend to confine employment on such work in whole or in part to permanent and hona fide residents of the State of Maryland only ; and provided however, also that said commission with the consent of three-fourths of all its members may itself do any part or parts of any such work under such conditions in every respect as it may prescribe by day labor whenever the chief engineer in writing shall recommend that course ; in which event the said Commission in ad- dition to its other powers in the premises shall likewise be authorized to devise, promulgate and enforce such rules and regulations as will make merit and personal fitness as- certained by some system of open competition or registra- Tests of eiigi- tion or both, the sole tests of eligibility for all positions of positions employment under its control which it may see fit to embrace age Commis- within the scope of said rules and regulations which how- ever may be limited to permanent and bona fide residents of this State in any particular any and all bids or parts of bids for any such work or supplies or materials may be rejected, provided however that all bids shall, before an award is made by the Board of Awards under the provis- ions of said Sections 14 and 15 of Article 4, entitled ‘ ‘City of Baltimore” of the Public Local Laws of Maryland, and so soon as said bids shall have been opened by the Board of Awards be referred to the said Commission by said Board for such consideration and recommendations in in the premises the said Commission shall see fit to give, and make which said consideration and recommendations shall therefrom be given and made by the said Commission without unnecessary delay. SEWERS — NEW SEWERAGE SYSTEM FUND. 515 1904, ch. 349, Sec. 6. §824f. In order to provide money for the projection, construction and establishment of said sewerage system the Mayor and City Council of Baltimore is hereby authorized to issue the stock of said corporation for a sum not exceeding ten million dollars ; said stock to be issued from time to time as the Mayor and City Council of Balti- more shall by ordinance prescribe, and to be issued ^ such amounts and to be payable at such time and to bear such rate of interest as the Mayor and City Council of Bal- timore shall by ordinance provide. Said stock shall be sold and issued by the Commissioners of Finance of the City of Baltimore at the best prices obtainable in their judgment therefor, and any premiums derived from the sale thereof shall remain in their hands as part of the sinking fund hereinafter mentioned for the redemption of said stock at maturity. The residue of the money received from the sale of said stock shall be turned over by them to the Comp- troller, to be by him deposited with the City Register, and to be placed to the credit of a fund to be known as the “New Sewerage System Fund’', which shall be exclusively “New Sewer- applicable to the cost of the work authorized by this Act, Fund/’ and shall be chargeable with no other items of cost or ex- pense whatever. Appropriations for the cost of said work, based upon the estimates of said commission, shall be annually included by the Board of Estimates in the usual Annual appro- way in the Ordinance of Estimates, and upon the written requisitions, supported by proper vouchers of the chairman of said commission, or of the chairman pro tempore of said commission countersigned by the secretary of said commis- sion, or by the secretary pro tempore of said commission, either of which officers the said commission is hereby authorized to appoint by vote or resolution in the event of the absence, sickness or other disability for the time being of its chairman or secretary, respectively, the Comptroller shall draw his warrants upon the City Register, payable out of such appropriations from said special fund for the amounts of all items of cost or expense properly chargeable upon said special fund. But said stock shall not be issued, in whole or in part, unless the ordinance of 516 MISCEIvIvANKOUS LOCAI. LAWS. To redeem stock at its maturity. When sewer- age system is in operation. the Mayor and City Council of Baltimore providing for the issuance thereof shall be submitted to the legal voters of the City of Baltimore at such time and place as may be fixed by said ordinance, and be approved by a majority of the votes cast at such time and place as required by Section 7 of Article XI of the Constitution of Maryland. If issued pursuant to such approval, the Mayor and City Council of Baltimore shall levy in each and every year upon all pro- perty liable to taxation in the City of Baltimore a sum sufficient to pay the interest accruing on said stock and to create a sinking fund sufficient, with the aid of any premiums on the sale thereof, to redeem said stock at its maturity. 1904, ch. 349, Sec. 7. §824g. So often as any portion of said sewerage system shall be in actual operation and in a condition to collect, transmit and dispose of domestic or house sewage, the said commission shall notify the Commissioner of Health of the said City of Baltimore of that fact and impart to him the metes and bounds of said portion of said sewerage system in such state of preparedness, and it shall thereupon become his duty to require all owners of property within such metes and bounds, and shall become the duty of all such owners at their own cost and expense to forthwith connect their respective house drains at their respective building lines with said sewerage system, and to forthwith clean out and fill up their respective privy sinks, wells, cesspools or other sewerage or drainage receptacles, and to abandon the use of their existing arrangements of every sort for the disposal of sewage or drainage under the directions and control of said Commissioner of Health; and full power is hereby conferred upon the Mayor and City Council of Baltimore to pass any ordinance or ordinances and provide for any remedial proceedings or processes or for any penalty or penalties that may be necessary, in its judgment, to enable said Commissioner of Health to properly and effectively comply with the obliga- tions or any of the obligations hereinbefore imposed upon SEWERS — RECORDS PRESERVED. 517 him by this section of this Act, and to keep the drainage connections between said respective building lines and said sewerage system free from obstruction and in good working order ; and to do any and all things reasonably necessary to be done to compel said owners of said property to place and maintain the same in relations of full co-operation with said sewerage system. 1904, ch. 349, Sec. 8. §824h. While the work authorized by this Act is being done by said commission the respective duties and powers of the City Engineer and Commissioner of Street Cleaning and other City officials in their relations to the existing sewers and drains of the City of Baltimore shall, subject to the duties and powers hereby conferred upon said commission, continue as at present ; and said com- mission shall be authorized as its work progresses to turn over from time to time, in its discretion, such completed portions of said work as it may see fit to the charge, superintendence and control of the proper city officials. When its work under this Act has been fully and finally completed in every respect, and not before, the life of said commission, as originally appointed and as subsequently recruited by appointments to occasional vacancies, if any, shall come to an end, and the said sewerage system established by it shall, so far as it has not already been surrendered to the charge, superintendence and control of said officials, be then so surrendered, and at the same time all the records, writings and papers of said commission shall be delivered up to the City Librarian, to be preserved to preserve . in T nn •• records, etc. in his office, and all property and effects in its possession ^ommisSon belonging to the City to the Comptroller, to be disposed of by him as may be provided by ordinance. * ‘Note. — A ct 1904, ch. 349, Sec. 9, repeals Act 1901, ch. 19. 518 MISCKIvLANEOUS LOCAL LAWS. SHERIFF’S FEES. P. L. Iv., (1888) Art. 4, Sec. 799A. 1892 ch. 406. 825. The Sheriff of Baltimore City shall hereafter receive for the services hereinafter recited, fees as follows: ^ For serving an attachment of contempt and return, one dollar and fifty cents. For an arrest on warrant and return in criminal cases, one dollar. Deale v. Estep, 3 Bland 435. STOCKS. LOANS AND FINANCE.* 1886, cli. 509. P. L. D., (1888) Art. 4, Sec. 805. 826. The Mayor and City Council of Baltimore are authorized and empowered to endorse the bonds of the To endorse Baltimore and Eastern Shore Railroad Company to the timore and ■ extent of ten thousand dollars per mile of said railroad, as shSrS. R. the same is completed ; provided, that no such endorsement shall be made until an ordinance of the Mayor and City Council of Baltimore, authorizing and directing the same, and the terms and conditions, and mode and manner of making said endorsement shall have been submitted to the legal and qualified voters of the City of Baltimore, at such time and place as may be fixed by said ordinance, to be approved by a majority of votes cast at such time and *NoTE. — The following loans have been authorized by Acts of Assembly and approved by the people since the enactment of the new charter; — (1) Western Maryland Refu7iding Loa^i, Act 1898, ch. 210, author- izing issue of stock to amount of |1, 875, 000 to extinguish certain mort- gage bonds maturing January 1, 1900, and an issue of $1,000,000 of stock loaned said railroad, maturing January 1, 1902. See also, Act 1900, ch. 280, ratifying Ord. 32, February 8, 1900. (2) Public Improvement $6,000,000 Loan, Act 1898, ch. 361, ratifying and confirming Ord. 100, October 7, 1892, authorizing an issue of six million dollars of registered bonds of the City of Baltimore for the pur- poses set out in said ordinance. (3) Refimding Loaii for $4,300,000, to redeem certain loans named in Act 1898, ch. 373, authorizing said refunding loan. (4) Conduit Loan for $1,000,000, Act 1902, ch. 246. See Sec. §826a., post, page. STOCKS, LOANS AND FINANCE — ELECTRICAL COMMISSION. 519 place ; provided further, that the aggregate amount of such endorsements shall not exceed the sum of five hundred thousand dollars, and that the bonds so endorsed shall be secured by first mortgage on the property and franchises of said Baltimore and Eastern Shore Railroad, shall bear interest at a rate not exceeding three and one-half per cent, per annum ; and provided further, that before the said ordinance shall be passed by the Mayor and City Council of Baltimore, or submitted to the voters of said City, the propriety of making said endorsement shall receive the approval and endorsement of the Board of Trade of the City of Baltimore, of the Corn and Flour Exchange, of the Merchants and Manufacturers’ Association of said Balti- more City, and of the Merchants and Manufacturers’ Association of Old Town, expressed by a majority vote of said associations, respectively, and duly certified to the Mayor and City Council of Baltimore. Electrical Commission, 1902, ch. 246. §826a. The Mayor and City Council of Baltimore be nooo.ooo loan and it is hereby authorized to issue its stock to an amount extSL^ons^ not exceeding one million dollars ($1,000,000), to be issued in such amount or amounts, and payable at such time, and (5) Water Loan for $1,000,000, Act 1902, ch. 333. (6) Annex Improvement Loan, {See, Sec. §3a, ante. Act 1904, ch. 274. (7) Park Improvement Loan, Act 1904, ch. 338. See, Secs. §739b to §739f, inclusive, ante. (8) New Sewerage System, Act 1904, ch. 349. See, Secs. §824a to §824h, inclusive, a7ite. (9) Burfit District Improvemerit Loan, Acts 1904, ch. 444, and 1904, ch. 468, authorizing issue of ^6,000,000 of City Stock to defray expenses of improvements in the Burnt District. See, Appendix, post, page. See, omnibus ordinance relating to City loans, post. Art 34, Sec. 19. The Act 1906, ch. 467 authorizes the issue of |1, 000, 000 of city stock for the purpose of acquiring land for fire engine houses, and for con- structing or re-constructing fire engine houses, when ordinance providing for same shall be submitted to and approved by the people. 520 MISCKivLANEOUS LOCAL LAWS. Issue of bonds for. M. & C. C. of Baltimore to submit ordi- nance to peo pie. bearing such rate of interest as the said Mayor and City Council of Baltimore shall by ordinance prescribe. The proceeds of said issue to be used to provide extensions to the underground conduits built under the direction of the Electrical Commission in said city, said extensions to be made in accordance with authority vested in said Electrical Commission by Ordinances 106, 107 and 108 of the Ordi- nances of the Mayor and City Council of Baltimore, by virtue of the provisions of Chapter 200 of the Acts of Assembly of Maryland enacted during the session of the year 1892, but said stock shall not be issued unless the ordinance providing for the issue of said stock shall be approved by a majority of the legal voters of said city cast at some time and place to be fixed by said ordinance in a provision for submitting the same to the legal voters of said city, as required by Section 7 of Article eleven of the Constitution of this State.* Municipal Lighting Plant. 1900, ch. 152. §8 26b. The Mayor and City Council of Baltimore is hereby authorized to issue its stock to an amount not exceeding one million three hundred and fifty thousand dollars, to be issued from time to time, in such amounts, and payable at such time and bearing such rate of interest as the said Mayor and City Council of Baltimore shall by ordinance prescribe. The proceeds of said issue to be used to provide a public lighting plant to supply said city and the inhabitants thereof with light, but said stock shall not be issued unless the Mayor and City Council shall by ordi- nance determine to erect and equip such public lighting plant, and unless the ordinance providing for the issue of said stock shall be approved by a majority of the legal voters of said city, cast at some time and place to be fixed by said ordinance in a provision for submitting the same *Note. — This Act was approved by the people at election of November, 1902. STREETS, BRIDGES AND HIGHWAYS — OPENING STREETS. 521 to the legal voters of said city, as required by Section seven of Article XI of the Constitution of this State. STREETS, BRIDGES AND HIGHWAYS. Opening Streets. P. E. L., (1888) Art. 4, Sec. 806A. Act 1892, ch. 165. 1906, ch. 25. 827. Whenever any property shall have been condemned in any form of proceeding for the use of the Mayor and City Council of Baltimore, and in consequence of infancy, Court for insanity or absence from the City of any person or persons daii“Jes.° entitled to receive any money awarded in any such pro- ceedings conflicting claims, refusal to accept, or any other cause such money cannot be safely and reasonably paid to any person or persons it shall be lawful for the Mayor and City Council of Baltimore to file a bill or petition in any Court of Equity in the City or County where the property is condemned, or any portion thereof, lies, and whenever such Court shall be satisfied that, for any of the reasons aforesaid, that said Mayor and City Council of Baltimore should be permitted to pay the said money into such Court, it shall pass such decree as it shall deem proper and the payment of any money into Court under any such decree or order shall be considered in all respects equivalent to a tender thereof to any person or persons entitled to such money and who may be made a party or parties to such proceeding and upon making such payment the said Mayor and City Council of Baltimore shall be thereby released from all further liability for the money awarded as aforesaid to any person or persons who may be made a party or parties to such proceeding as aforesaid, and in all cases when one or more persons is or are en- titled to an estate for life or years or an estate tail fee simple, conditional, base or qualified fee or any other particular, limited or conditional estate in property con- demned as aforesaid and any person or persons is or are entitled to a remainder or remainders, vested or contingent or an executory devise or devises, or any other interest, vested or contingent in the same property if all persons 522 MISCKI.I.ANEOUS EOCAE EAWS. Notice before Ordinance shall be passed. in being who would be entitled to the said property if the contingency had happened at the date of the filing of the aforesaid bill or petition shall be made parties to the such proceeding, the payment into Court of the money awarded for such property shall bind all persons whether in being or not who claim or may claim any interest in the said property under any of the parties to the said cause or under any person from whom any of the parties thereto claim or from or under or by the original deed or will by which such particular, limited or conditional estates with remainders or executory devises were created and the said Mayor and City Council of Baltimore shall, upon making such payment, be thereby released from all further liability for the money awarded as aforesaid. Gardiner v. Baltimore City, 96 Md. 375. 1838, ch. 226. P. E. L., (1860) Art. 4, Sec. 838. P. E. E., (1888) Art. 4, Sec.* 807. 1896, ch. 328. 828. Before they shall pass any ordinance under Sec- tion 6 of this Article, paragraph ‘‘Streets, Bridges and Highways,’’ relating to the laying out, opening, extend- ing, widening, straightening or closing up, in whole or in part, of any street, square, lane or alley within Baltimore City, notice shall be given by advertisement published once a week for six consecutive weeks in two of the daily news- papers in the said City, that application shall be made for the passage of such ordinance, which notice shall set forth clearly, in the case of laying out, opening or extending any street, square, lane or alley, the length or width of such street, square, lane or alley, or part thereof to be laid out, opened or extended, and in the case of widening or straightening shall set forth clearly both the present and the intended width, and also the length of any street, lane or alley, or part thereof intended to be widened or straight- ened, and in case of closing shall set forth clearly the length and width of the street, lane or alley, or any part thereof, intended to be closed ; and notice shall also be given by filing in the office of the Commissioners for STREETS, BRIDGES AND HIGHWAYS — OPENING STREETS. 523 Opening Streets on or before the first day of such publica- tion, a map on the scale, not smaller than fifty feet to the prepare map of inch, prepared by some competent surveyor, whose name provements. shall be signed to the same, which, in case of laying out, opening, extending, widening or straightening shall show the course and the lines of the projected improvement, and also the lots and buildings thereon which shall be taken or destroyed, in whole or in part, and which, in the case of, closing, shall show the street, lane or alley, or part there- of, intended to be closed, and also the abutting lots and improvements thereon. It shall be the duty of the Com- missioners to endorse on said map their names, with the date of it being filed in their office, and to keep the said may where the public may have access to it, whenever said map may be needed for the purpose of being shown at any meeting of the City Council or of any committee thereof, they may, on the written order or request of the President of either Branch of the City Council or of the chairman of such committee, and on obtaining his receipt therefor, allow the said map to be taken from their office for that purpose, to be returned on the following day. Methodist Protestant Ch. v. Gill, 6 Gill 391. Stewart v. Ma}'or, etc., 7 Md. 500. Baltimore v. Bouldin, 23 Md. 370. Page v. Mayor, 34 Md. 558. Mayor, etc. v. Grand Lodge, 44 Md. 436. Dashiell v. Mayor, etc., 45 Md. 616. Mayor v. Little Sisters, etc., 56 Md. 400. Central Savings Bank v. Baltimore, 71 Md. 515. Burk v. Baltimore, 77 Md. 469. Riggs V. Winterode, 100 Md. 447. See, cases under Sec. 6, (26) (a). ''Opening, etc. streets,"' ante. P. L. L., (1860) Art. 4, Sec. 839. P. L. L., (1888) Art. 4, Sec. 808. 829. Before any commissioners appointed by any ordi- nance of said corporation under the two preceding sections shall proceed to the performance of their duty, they shalL, ^ . i.* • 1 1 1 *1 Notice of object give notice m at least two of the daily newspapers in the ordinance. City of Baltimore of the object of the ordinance under which they propose to act, at least thirty days before the time of their first meeting to execute the same. Baltimore v. Bouldin, 23 Md. 370. *Central Savings Bank v. Balti- more, 71 Md. 520. *Riggs v. Winterode, 100 Md. 447. 524 MISCKIvLANBOUS LOCAI. LAWS. 1874, ch. 218. P. L. L., (1888) Art. 4, Sec. 812. 830 . A tenant for ninety-nine years, or for ninety-nine years, renewable forever, or the executor or administrator of such tenant, or the guardian of an infant owner, or a mortgagee in possession, shall be deemed and taken as an owner. owner for the purposes of any application to the Mayor and City Council authorized by this sub-division of this Article; and the application of any such person shall bind the pro- perty so represented for any assessment or tax made under an ordinance passed in pursuance of the provisions of this sub-division of this Article. ^Holland v. Mayor, 11 Md. 186. *Wolff v. Mayor, 49 Md. 446. Handy V. Collins, 60 Md. 229. *Mayor, etc. v. Boyd, 64 Md. 10. *Galloway v. Shipley, 71 Md. 243. 1833, ch. 182. P. L. L., (1860) Art. 4, Sec. 842. P. L. L., (1888) Art. 4, Sec. 813. 831. Where real estate within the said City has been or may be divided according to law among heirs, legatees. Opening ac- joint tenants or tenants in common, entitled to the same; and vision among such division calls for any of the streets, lanes or alleys or joint owners. thoroof survoyod and laid off under the Act of 1817, Chapter 148, or reserves any of the streets, lanes or alleys, or any part thereof, as open, and divides such estate with reference thereto, the Mayor and City Council of Baltimore may, on application of one or more persons interested in the ground to be taken on such application, adopt and sanction by ordinance the principle under which such division was had, and open any of the said streets, lanes or alleys, or any parts thereof, in the said division reserved or recognized ; provided, at least one week’s notice in the newspapers of said City (the cost of the adver- tisement to be paid by the applicants), be given of such application before any such ordinance shall pass. 1832, ch. 182. P. Iv. P., (I860) Art. 4, Sec. 850. P. L. L., (1888) Art. 4, Sec. 814. 832 . All the streets, lanes, or alleys opened in the manner directed in the preceding section shall be public STREETS, BRIDGES AND HIGHWAYS— GRADES OF STREETS. 525 highways, and be subject to the laws, regulations and ordinances applicable to public streets, lanes or alleys, or parts thereof, in said City. P. L. L., (I860) Art. 4, Sec. 851. P. E. E., (1888) Art. 4, Sec. 815. 833. They may, on application of the owners of a majori- ty of feet in front of any private wharf, dock, street, lane or alley, cause the same to be paved, cleaned out, mended or otherwise repaved or kept in good condition or repair, and may impose upon and collect from all the proprietors of the property so to be cleaned out or repaired, a tax sufficient in amount to defray the expenses thereof, which shall be assessed upon the proprietors in proportion to the number of feet held by them, respectively, in front or length, and shall be collected by the Mayor and City Coun- cil of Baltimore as taxes levied for paving public streets. Grades of Streets. 1904, ch. 34. §8 33a. Whenever the establishment of the grade of any street, or alley, or part thereof, in the City of Baltimore, shall become necessary, it shall be the duty of the City Surveyor of Baltimore City, and he shall be notified of such establishment by the City Engineer of said City whose duty it shall be to give such notification, to establish such grade and to prepare the profile of the same ; and it shall also be his duty to prepare all paving plats whenever the same shall be necessary or their use required for the City of Baltimore. 1904, ch. 34. §833b. The compensation of the duties so to be per- formed by the City Surveyor under this Act shall be fixed by the following table, viz : For establishing the grades of any street, one square five dollars. To be public highways when so opened. Cost of clean- ing private wharves and streets. Establishing street and al- ley grades. City Surveyor’s compensa- tion for same. 526 MISCELLANEOUS LOCAL LAWS. Alteration of grade on Cer- tificate of Commission- er of Health. Turnpikes in City limits. For all over one square, each, three dollars. For paving* plat, each square, five dollars, as provided by Section 5, Article 49, of the Baltimore City Code of 1893.** P. L. L., (1860) Art. 4, Sec. 854. P. L. L., (1888) Art. 4, Sec. 817. 834. Whenever the Commissioner of Health shall cer- tify in writing to the Mayor that it is necessary for the health of the City to alter the grade of any street, lane or alley on low or made ground, the Mayor shall issue his order to the City Engineer, who shall thereupon call upon the several property-holders on such street, lane or alley, and procure from them their assent in writing to such alteration ; and if any property-holder shall refuse to per- mit the same to be graded, and shall require damages therefor, and cannot agree with the City Engineer as to the amount of damages, or should there be any legal disa- bility on the part of those owning property on such street, lane or alley the Judge of the Baltimore City Court, on application of the corporation, shall appoint three disinter- ested persons to assess such damages, who shall return on oath their award to said Court, and the same shall be con- firmed by the court unless cause to the contrary be shown ; in which case the court shall at the first term thereafter decide finally thereon ; and when the damages so assessed or agreed upon shall be paid by the Mayor and City Coun- cil of Baltimore to the persons so assessed, and legally en- titled to receive the same, the Mayor and City Council of Baltimore may proceed to regrade and pave the said street, lane or alley. 1824, ch. 105. P. L. L., (1860) Art. 4, Sec. 857. P. L. L., (1888) Art. 4, Sec. 818. 835 . The president, directors and companies of the different turnpike companies owning roads running into the City of Baltimore, may cede to said City such parts of **Now Article 37, Sec. 5, posl^ of this Code. STREETS, BRIDGES AND HIGHWAYS — NORTH AVENUE. 527 said roads as lie within the corporate limits of said City ; and the same, when ceded, shall be in all respects subject to the same regulations as unpaved public streets. Hooper v. Prest. Balto. & Yorktown, etc. Road, 34 Md. 521. M. &C. C. of Balto. V. Turnpike Co., 80 Md. 541. 1894. ch. 123. 836. The Mayor and City Council of Baltimore be and it is hereby authorized and empowered to accept from the conditions of owners thereof, a deed of the land lying in the bed of Eutaw Place extended, between North Avenue on the southeast and Druid Hill Park on the northwest, in con- sideration of an agreement on the part of said grantee, to be incorporated therein, that no street car or other railroad tracks shall at any time thereafter be located or placed on any part thereof. 1894, ch. 123. 837. That upon the execution of said deed and acccept- ance thereof by the Mayor and City Council of Baltimore embodying said contract prohibiting the locating or placing ^ s^t?Sts car tracks upon any part of the land so to be granted, the prohibited, said contract shall be and is hereby declared to be forever thereafter inviolable ; provided, however, that nothing herein contained shall prevent the Mayor and City Council of Baltimore from authorizing by ordinance the location or construction of car tracks on such part of the bed of said street as are contained within the limits of intersecting or cross streets that are now or may hereafter be provided for by ordinance of said Mayor and City Council of Baltimore. North Avenue, P. L. L., (1860) Art. 4, Secs. 858-860. 1878, ch. 59. P. L. E., (1888) Art. 4, Sec. 820. 838. The bed of North avenue, throughout its entire North Avenue length, shall in all respects be hereafter held as the bed of strelt any other street or avenue in Baltimore City, so far as the same be laid down on Poppleton’s map of Baltimore City, 528 MISCELI.ANEOUS EOCAE EAWS. and subject to all the conditions or requirements of any other street or avenue in said City ; and any and all of the ground fronting thereon, whether in Baltimore City or County, shall, in the event of said avenue, or any part thereof, being graded, curbed, paved, shelled, graveled, or in any like manner improved, be subject to the same assess- ment for the cost of said grading, curbing, paving, graveling, shelling or like improvement, as would be the case with ground fronting on any other street or avenue in the City, similarly to be improved as aforesaid ; and such ground and the owners and representatives thereof shall in such event be held liable for said assessments, and the said avenue be subject to all the Acts of Assembly and ordi- nances of the Mayor and City Council of Baltimore which are now or may be hereafter in force and applicable for grading, curbing, paving, graveling, shelling or any like improvement of streets or avenues in Baltimore City. Baltimore City v. Porter, 18 Md. 284. Mayor, etc. v. Horn, 26 Md. 194, Lester v. Mayor, 29 Md. 419. York Road. 1906, ch. 62, Sec. 1. co^bbie^tone § 838a. It shall not be lawful for any person, corporation, dain paving municipality, commission, engineer, agents, or employes of ited. such corporations, municipalities, or engineers or commiss- ion, to lay any cobblestone or macadam for street paving purposes upon the York road between North avenue and the City line in the City of Baltimore, without the consent of the General Assembly of Maryland. Bridges and Highways. 1888, ch. 98, Sec. 27. P. L. L., (1888) Art. 4, Sec. 824. 839. The bridges which the County Commissioners of Baltimore County have heretofore agreed to build within the limits of the territory which has become annexed to Baltimore City under the Act of 1888 , Chapter 98 , shall be Annf?to be Completed by the City of Baltimore ; and all bridges within the limits of said territory shall be maintained and kept STREETS, BRIDGES AND HIGHWAYS — BRIDGES AND HIGHWAYS. 529 in repair for public travel at the expense of Baltimore City; all bridges crossing the Patapsco River from said City, including the bridge known as the “Long” or Light Street Bridge shall be maintained and kept in repair for public travel at the sole expense of the said City of Baltim.ore. ** pair by city. Puniplire}’ z\ Mayor, 47 Md. 145. of streets, etc., in Balti- more, to con- form to plan of Topo- graphical Survey Com- mission. P. L. L., (1888) Art. 4, Sec. 824- 1894, ch. 576. 1902, ch. 453. 1904, ch. 433. 1906, ch. 158. 840 . No avenues, streets or alleys within the territory annexed to the City of Baltimore by theAct of 1888, Chapter 98 shall hereafter be opened, established or condemned, nor shall the dedication of any avenue, street or alley in said territory be hereafter accepted by the Mayor and City Council of Baltimore unless the same shall be approved in writing by the Topographical Survey Commission, consist- ing of the Mayor, Comptroller and Register of the City of Baltimore, or unless the said avenues, streets or alleys be so opened, established, condemned or dedicated that the lines and grades thereof shall conform to the general plan of streets for the annex as adopted under ordinance, No. 129 approved December 3rd, 1898 or as said plan shall be amended in accordance with the provisions of this Section, that is to say ; with the approval of the aforesaid Topo- graphical Survey Commission, the Mayor and City Council of Baltimore may by ordinance, from time to time and in any manner, alter or amend the said general plan of streets, and the said Mayor and City Council of Baltimore may thereafter by ordinance open, establish or condemn, or the Mayor of Baltimore City may receive a deed for any avenue, street or alley laid down on the said general plan of streets as amended, or if any such avenue, street or alley shall be dedicated the same may thereafter be accepted, said Topo- graphical Survey Commission is hereby authorized to make such rules and regulations regarding surveys, plats or niakl°"uies, etc. **Note. — As to liability of municipality for defective construction or condition of bridges, see, Co. Commissioners of Harf.Co. z^.Wise, 71 Md. 43. 530 MISCKI^IvANEOUS EOCAE LAWS. plans relating to the location of avenues, streets or alleys as they may deem proper from time to time. * Sindall v. Baltimore City, 93 Md., 529. P. Iv. L., (1888) Art. 4, Sec. 824A. 1890, ch. 628. 841. All streets, avenues or alleys lying in that portion of Baltimore City, formerly constituting a portion of Balti- more County, and in pursuance of the Act of the General Assembly of Maryland of 1888, Chapter 98, recently Streets in an- annexed to the said City of Baltimore, which had prior to such annexation become streets, avenues or alleys in Balti- more County, whether by deed or dedication, shall be held for all purposes to validly constitute streets, avenues or alleys of Baltimore City, in all respects as if the same had been legally condemned as such by the Mayor and City Council of Baltimore. Park Tax Case, 84 Md. 1. Baltimore City v. Broumel, 86 Md. 155. Clendeniii v. Md. Construction Co., 86 Md. 86. Annex Improvement Loan and Commission.*"^ 1904, ch. 274, Sec. 1. Issuance of §84 la. The Mayor and City Council of Baltimore is prove An’Jex authorized to issue stock to an amount not exceeding two dollars, to be issued from time to time and payable at such time and bearing such rate of interest as the said Mayor and City Council of Baltimore shall by ordinance prescribe ; provided, however, that not more than five hundred thousand dollars of said stock shall be issued in any one year. The proceeds of the sale of said stock shall be used only for the purpose of providing the costs and expenses of condemning, opening, grading, paving and curbing the streets, avenues, lanes and alleys of the Annex *Notk, — As to dedication of streets, see, M. & C. C. of Baltimore v. N. C. Ry. Co., 88 Md., 427. **NoTE. — The Act 1904, ch. 274, was construed re, Flack v. Ma^or, etc., Baltimore, 103 Md. Daily Record, July 6, 1906. ANNEX IMPROVEMENT LOAN AND COMMISSION. 531 portion of Baltimore City. The certificates of stock shall not be issued and the commission hereinafter created shall not be appointed unless and until the ordinance which the Mayor and City Council of Baltimore are hereby author- ized to pass for the purpose aforesaid shall be approved by a majority of the votes of the legal voters of the city of Baltimore, cast at the time and place to be appointed by said ordinance in the provisions for submitting the same to the legal voters of said city. 1904, ch. 274, Sec. 2. §841b. The Mayor of the City of Baltimore (if the loan provided for in the next preceding section of this article shall be approved) is authorized to appoint, in the manner prescribed in section 25 of this Article, four capable and upright citizens, property owners and residents of the Annex portion of Baltimore City, two of whom shall be members of the Republican party, who together with the Mayor, Comptroller, City Engineer and Commissioners for Opening Streets, as ex-officio members, shall constitute a special commission, to be known as the “Annex Improve- ment Commission”, and who shall continue in office until the work of said commission has been completed ; in case of death, resignation or removal from office of any of said commission, the Mayor shall have authority to appoint another to fill said vacancy. The members of said commis- sion, other than the ex-officio members, shall receive compensation for their services at the rate of fifteen hun- dred dollars per annum, except the chairman thereof, who shall receive compensation at the rate of two thousand dol- lars per annum. A majority of the members of said com- mission shall be a lawful quorum for the transaction of business. As soon as the appointed members of said com- mission shall have qualified, they shall organize by the election of one of its members as chairman of said commis- sion, who shall be removable at pleasure by said commis- sion and who shall preside over the meetings of said com- mission and perform such other duties as are imposed on him by this sub-division of this article, or may be assigned Annex Im- provement Commission. Compensation for services rendered. 532 MISCEI^I^ANKOUS I.OCAI, I^AWS. Secretary. j^y commission ; and they shall elect a secretary, not a member of said commission who shall be removable at pleasure of said commission, and receive compensation not to exceed the sum of twelve hundred dollars per annum; the said secretary shall keep a record of the proceedings of said commission and perform such other duties as are im- posed or assigned to him by said commission. All records of said commission shall be public, and the commission shall make annual reports to the Mayor and City Council of Baltimore of its official transactions and all expenditures. The Mayor and City Council of Baltimore shall provide proper offices for said commission. The said commission shall have authority and power to employ any help or assistance necessary to promote the object and purpose of this commission and its work, and to fix the compensation of such help and to remove or discharge them at their pleasure ; also to purchase necessary office furniture and stationery. 1904, ch. 274, Sec. 3. Rights of said §841c. Said commission shall have the right and power to condemn, lay out, open, extend, widen, straighten, close, grade and pave any street, avenue, lane or alley or any part thereof, from curb to curb ; and to establish and fix the building line and the width of the sidewalks on any street, avenue, lane or alley now existing or to be laid out, opened, extended, widened, straightened, graded or paved in the Annex portion of the City of Baltimore. Said com- mission shall have all powers necessary and proper in the exercise of said powers ; and the Mayor and City Council of Baltimore is hereby authorized and empowered to grant by ordinance any further powers and duties it shall deem necessary for the proper execution of the improvements intended to be made by this sub-division of this article. Flack V. M. & C. C. of Baltimore, Daily Record, July 6, 1906; to be reported in 103 Md. 1904, ch. 274, Sec. 4. To secure maps §84 Id. Immediately after the appointment and organi- gSdiSce!^ zation of said commission it shall cause to be prepared for STREETS, BRIDGES AND HIGHWAYS— TO SECURE MAPS. 533 its guidance and use a map or maps of the entire Annex portion of the city of Baltimore or any part or parts thereof, showing the streets, avenues, lanes and alleys and the number of houses situated in and the area of each block of ground in said Annex, and such other information as may be desired. The said commission is hereby authorized to direct any municipal officer, agent, employe or board of the Mayor and City Council of Baltimore to furnish such maps and information and to give such other assistance, information and advice as may be requisite to enable said commission to have prepared such map or maps and put such proposed changes, addition or improvements on them, and to give such other assistance, advice and information as said commission may require to carry into effect its work under this sub-division of this article. 1904, ch. 274, Sec. 5. §841e. The said commission hereby created shall be commission to the agent of the Mayor and City Council of Baltimore to fo^ mun^ci-* acquire by gift, purchase, lease, whatever the duration of the lease, or by other methods of acquisition or by condem- nation, any private property whatsoever, including streets, avenues, lanes and alleys, rights or interests, franchises, privileges or easement, that may be required to open, widen, extend, straighten, close, grade or pave any street, avenue, lane or alley, or to broaden any sidewalk ; and as soon as the title to the property acquired as set forth here- in has been certified by the City Solicitor, said commission shall have the same conveyed to the Mayor and City Coun- cil of Baltimore, and no ordinance shall be requisite to the validity of such conveyance ; said streets, avenues, lanes and alleys so conveyed shall become public highways, subject to all ordinances and resolutions relating to streets, avenues, lanes and alleys in the city of Baltimore. Authority is hereby conferred upon the Mayor and City Authority con- Council of Baltimore to provide by ordinance or ordinances the proceedings for a condemnation of property as herein set forth by the said commission. Flack V. Mayor, etc., Baltimore, Daily Record, July 6, 1906. To be reported in 103 Md. 534 MISCELLANEOUS LOCAL LAWS. 1904, ch. 274, Sec. 6. ^euy §841f. No money shall be expended by said commission liable. p^y fQY improvement of sidewalks in the said Annex, but same shall be done at the expense of the owner or owners of property along and upon the streets, avenues, or lanes on which the said sidewalks are to be placed ; authority is given said commission to assess said property for the cost and expenses of said sidewalks, and to collect the same as now prescribed by law or ordinances. 1904. cli. 274, Sec. 7. Authorized to §841g. Said commission is hereby authorized and enter into o o ^ contracts, empowered to contract with any person, persons, company or corporation for the work of opening, grading, curbing and paving the streets, avenues, lanes and alleys of the Annex as intended by this sub-division of this article, or to employ the necessary laborers, help and assistance skilled and unskilled, and perform the work under their own supervision. The costs and expenses of said work and all necessary expenses of this commission to be paid out of the loan as provided in section §841a of this article, upon vouchers approved by the said commission or its chairman, and presented to the Comptroller and City Register of the City of Baltimore. Flack V. Mayor, etc., Baltimore, Daily Record, July 6, 1906. To be reported in 103 Md. 1904, ch. 274, Sec. 8. §841h. The Mayor and City Council of Baltimore shall prescribe by ordinance the methods and proceedings for the sewerage and drainage of said Annex and to provide the costs and expenses of same out of any fund or Tunds now or hereafter available. 1904, ch. 274, Sec. 9. Completed por- §841i. The said commission is hereby authorized as its tions of /» j • , • 1 work. work progresses to turn over trom time to time, such com- pleted portions of said work as it may see fit to the charge. STREETS, BRIDGES AND HIGHWAYS — PAVING COMMISSION. 535 superintendence and control of the proper City officials, and shall on the termination of its work turn over all the records, writings, maps, reports, to the Commissioners for Opening Streets, to be by them preserved and to be used as the papers and records of their office. 1904, ch. 274, Sec. 10. §841 j. Provided, however, in lieu of said commission hereinbefore provided for in Section §841b of this article, the Mayor and City Council of Baltimore may by ordinance authorize and empower the Commissioners for Opening Streets of Baltimore City to perform the duties and functions in this sub-division of this article heretofore provided for the said commission. Paving Commission and $5,000,000 Paving Loan. 1906, ch. 401, Sec. 1. §84 Ik. The Mayor of the City of Baltimore is authoriz- paving- coin- ed to appoint in the manner prescribed by Section 25, of appointed by Article 4 (entitled ‘'City of Baltimore’ 0 of the Public Local Laws of Maryland, and subject to the condition that two of the appointees shall be members of the minority party within the meaning of Section 30 of said Article, five capable and upright citizens of the City of Baltimore, who, together with the Mayor himself ex-officio, shall constitute Mayor to be a Special Commission, to be known as the Paving Com- mission of the City of Baltimore, and who shall continue in office from year to year until the work of said Commission Term of office, under this Act, as limited by the pecuniary provision here- inafter made therefor, has been completed. If, however, the Second Branch of the City Council of the City of Baltimore shall reject three several and successive nomi- nations by the Mayor to any position on said Commission, he shall be empowered to make an appointment thereto without when appoint- its confirmation. All persons appointed to said Commission commission shall qualify and be subject to removal by the Mayor bSMayoS"^^ (except that there shall be no removal at any time save for Snmtion°”' 536 MISCELLANEOUS LOCAL LAWS. Qualification and remov- als. Vacancies, how to be filled. Commission to serve without compensa- tion : except the chair- man. Organization of Commis- sion. -Salary of Chairman ; his duties. Secretary. Salary and duties of Sec- retary. Meetings of Commission. cause after charges preferred) as prescribed by said Section 25 of Article 4 (entitled ‘‘City of Baltimore’') of the Public Local Laws of Maryland. Any member of said Commission may at any time resign therefrom by tendering his resig- nation in writing to the Mayor, and any vacancy in said Commission occasioned by the resignation, removal, death or permanent absence from this State of the incumbent, or by supervening incapacity upon his part, whether physi- cal or mental, to discharge his duties or by any other cause operating such a vacancy, either actually or in effect, shall be filled by the Mayor in the manner and subject to all the conditions as to minority representation, qualification and removal hereinbefore provided for as to original appointees to said Commission. All the members of said Commission, except the Chairman thereof, as hereinafter provided, shall serve without compensation, and a majority of said mem- bers shall be a lawful quorum for the transaction of business, so soon as the appointive members of said commission shall have qualified they shall, with the Mayor acting as a member of said commission, ex-officio organize by the election of one of the members of said Commission as Chairman of said Commission, who shall be removable at pleasure by said Commission, shall receive such compensa- tion as it may determine, not exceeding the sum of $2,500 per annum, and shall preside over the meetings of said Commission and perform such other duties as are imposed upon him by this Act, or as may be assigned to him* by said Commission, and by the election of a secretary not a member of said Commission, who shall be removable at pleasure by said Commission, shall receive such compensa- tion as it may determine, not exceeding the sum of $1,500 per annum and shall enter in a well bound book and carefully preserve neat, legible and accurate minutes of all meetings of said Commission, and perform such other duties as usually appertain to the office of secretary of a private corporation, or as are imposed upon him by this Act, or as may be assigned to him by said Commission. All sessions or meetings of said Commission shall be open and public ; and all its records shall be public records, and it shall annually make to the Mayor a detailed report of all its official transaction and expenditures. STREETS, BRIDGES AND HIGHWAYS' — COMMISSION TO PAVE. 537 1906, cli. 401, Sec. 2. §8411. The said Commission is empowered to grade, shell, gravel, macadamize, pave or otherwise surface and curb, regrade, reshell, regravel, remacadamize, repave or otherwise resurface and recurb, according to such general and comprehensive plan or plans in the premises as may be adopted by it, all such public lanes, alleys, avenues, aStTian streets or highways, or all such parts thereof in the City of Baltimore, as in the judgment of the said Commission, should be so graded, shelled, graveled, macadamized, paved or otherwise surfaced and curbed, regraded, re- shelled, regraveled, remacadamized, repaved or otherwise resurfaced or recurbed, and the said Commission shall be clothed with each and every and all powers which may be JcTssa^y necessary or proper for these purposes or either of them, powers, among which powers shall be the following, that is to say: 1. To make all such preliminary investigations and to powers con- do all such preliminary work as should, in its judgment Commission precede the adoption by it of a plan or plans of street im- provement under this Act. ^ 2. To adopt such plan or plans of street improvement to plan street under this Act as it may deem best calculated to promote ments. the object of this Act. 3. To do all such grading or regrading and to lay con- to do the_work struct or create all such pavements or other street surface and makhig improvements as it may deem expedient for carrying said pavements, plan or plans of street improvement into full effect, and to select in its exclusive discretion such kinds of paving or other street surface improvement material as it may deem best, provided hov/ever that where the plans of the sewer- Proviso, age commission of Baltimore City provide for sewerage arrangements in any street the said street shall not be newly paved with improved pavement until all such sewer- age arrangements have been finally completed in the bed thereof. 4. To incorporate with said plan or plans of street to utilize ex- improvement, or otherwise utilize for the purposes of this improv^e^^i^ Act, so far as it may deem expedient, any or all existing Sp^dient.^"^^ public pavements or street surface improvements in the 53S MISCELLANEOUS LOCAL LAWS. To employ nec- essarj’ ex- perts, agents, assistants and labor. To require bonds. City Engineer to be Chief Engineer. Rules and reg- ulations. Contracts. Machinery and tools. Acquisition of property to further im- provements. City of Baltimore, either in their present condition or with such repairs, modifications or changes as the said Commis- sion may see fit to make, and to condemn, take up and remove in its discretion any or all such existing public pavements or street surface improvements, and to substi- tute therefor such other pavements or street surface improvements as it may deem proper. 5. To appoint or employ professional or technical advisers and experts and such agents, assistants, clerks, employes and laborers, skilled and unskilled, of all kinds, as it may deem requisite for the due and proper execution of the duties devolved upon it by this Act, or any of them and to fix their respective compensations and to remove or discharge them at its pleasure (except such highly trained, exper- ienced or skilled individuals as it may agree to appoint or employ upon special terms for definite and fixed periods of time) , and to exact from them such indemnity bonds for the proper performance of their respective duties as it may deem proper, provided however that the Chief Engineer of such Commission under this Act shall be the City Engineer. 6. To frame, publish and enforce such reasonable rules and regulations for its own government and for the super- vision, protection, management and conduct of its work as it may deem expedient. 7. To make and enter into in the name and on behalf of the Mayor and City Council of Baltimore any and all contracts, agreements or stipulations germane to the scope of its duties and powers under this Act. 8. To purchase, hire or otherwise lawfully obtain the use of all such machinery, tools, implements, appliance, supplies, materials and working agencies as it may need for its purposes, provided, however, that this enumeration of special powers shall not be construed as restricting in any degree the scope of the general powers hereinbefore conferred upon said Commission. 1906, ch. 401, Sec. 3. §841m. The Mayor and City Council of Baltimore, acting by and through the agency of said Commission may STREETS, BRIDGES AND HIGHWAYS — CONDEMNATION PROCEEDINGS. 539 acquire by gift, purchase or other like methods of acquisi- tion, or by condemnation, any private property, rights or interests, franchises or easements that may exist in any part or parts of any of the beds of any of the public lanes, alleys, avenues, streets or highways hereinbefore men- tioned, and that said Commission may require for the purpose of giving full effect to the objects of this Act, and when and so often as resort shall be had to condemnation proceedings, the procedure shall be such as may now or at any time hereafter be provided for by any lawful ordinance or ordinances of the Mayor and City Council of Baltimore, ^ca?e"^Sndem- adopted pursuant to the powers conferred upon it by JeiSiSgsTre section 6, Article 4 (“entitled City of Baltimore’ of the Code of Public Local Laws of Maryland, title “General Powers,” sub-title “Condemnation of Property,” for the condemnation of any land or property or interest therein situated wholly or partly within the City of Baltimore, or such as may be provided for the very purpose by any lawful ordinance or ordinances of the Mayor and City Council of Baltimore, which said ordinance or ordinances the Mayor and City Council of Baltimore is hereby fully authorized to adopt ; provided provision is made therein for reasonable notice to the owner or owners, and for appeals to the Baltimore City Court, including the right of appeal to the Court of Appeals, by any person interested, including the Mayor and City Council of Baltimore, from the decision of any Commissioners or other persons appointed to value any such private property, rights or interests, franchises or easements. 1906, ch. 401, Sec. 4. §84 In. All individuals and corporations lawfully having ^"a^ndS?por- buildings, structures, works, conduits, drains, mains, pipes, luirlYS tracks or other physical obstructions in, over or under the public lanes, alleys, avenues, streets or highways of the wS?on- City of Baltimore, which shall block or impede the progress drilns”^tc"^’ of the work of said Commission when under way, shall Improve^" upon reasonable notice from said Commission, promptly so Tempiat^d' shift, adjust, accommodate or remove the same, at their 540 MISCELLANEOUS LOCAL LAWS. own cost and expense, as to fully meet the exigencies occasioning such notice ; and if any individual or corpora- tion shall refuse, neglect or fail, after such reasonable notice, to discharge any duty cast upon him or it by this section, he or it shall, in addition, but not in substitution for any other remedy or remedies that said Commission or the Mayor and City Council of Baltimore may have in the premises, be subject to a fine of one hundred ($100) dollars for each and every such offense, and also to an additional fine of fifty ($50) dollars a day for every day that said refusal, neglect or failure shall continue, said fines to be collected as other fines in the City of Baltimore are collected, and should the exigencies of said Commission and its work in any cause involve a taking, in the consti- tutional sense, of the franchise or right, in the exercise of which such obstruction had its origin, the Mayor and City Council of Baltimore shall be empowered to secure the condemnation of such franchise or right in the manner provided for in section 3* of this Act. 1906, ch. 401, Sec. 5. §841o. All work done, or supplies or materials purchas- contracts to be Carrying out the purposes of this Act, when involving expenditure of five hundred ($500) dollars or more, M LndTs of”^ be by contract awarded to the lowest responsible Charter. bidder, in accordance with the provisions of Section 14 and 15 of Article! (entitled ‘‘City of Baltimore’’) of the Public Local Laws of Maryland, provided, however, that said Commission shall be empowered, if it see fit, to insert in the specifications for any such work reasonable and lawful conditions as to hours of labor, wages and the residence or character of workmen to be employed by the contractors, and especially so far as it may be practicable in the judg- ment of said Commission, such reasonable and lawful conditions as will tend to confine employment on such work, in whole or in part, to permanent and bona fide residents of the State of Maryland only ; and provided, however, also, that said Commission with the consent of all its members, may itself do any part or parts of any such work, *Note. — S ection §841m, ante, p. 538. Eabor of resi- dents to be preferred where prac- ticable. STREETS, BRIDGES AND HIGHWAYS — NEW PAVING FUND. 541 under such conditions in every respect as it may prescribe, by day labor, whenever the Chief Engineer in writing shall {J recommend that course ; provided, however, that in that employed, event said Commission shall among its other powers in the premises, be empowered to devise, publish and enforce such rules and regulations as will make merit and personal fitness, ascertained by some system of open competition or registration, or both, the sole tests of eligibility for all positions or employments under its control, which it may of employes, see fit to embrace within the scope of said rules and regu- lations, which, however, may be limited to permanent and bona fide residents of this State in any particular. Any Bids, and all bids or parts of bids for any such work or supplies or materials may be rejected. 1906, ch. 401, Sec. 6. §841p. In order to provide money for the work to be stock issue not done by said Commission under this Act, as and when $5,000,000 portions of such work are from time to time being done, the Mayor and City Council of Baltimore is hereby author- ized to issue the stock of said corporation to an amount not exceeding $5,000,000 said stock to be issued from time to time and in such amounts as the Mayor and City Council of Baltimore shall by ordinance prescribe ; provided, how- ever, that not more than $1,000,000 of said stock shall be Not more than issued in any one year, and to be payable at such times and be issued to bear such rate or rates of interest as the Mayor and City Council of Baltimore shall, by ordinance, provide, said amount of stock shall be sold and issued by the Com- missioners of Finance of the City of Baltimore at the best price obtainable, in their judgment therefor, and any premiums derived from the sale thereof shall remain in their hands as parts of the sinking fund hereinafter sinking fund, mentioned. The residue of the money received from the sale of said amounts of stock shall be turned over by them to the Comptroller, to be by him deposited with the City Register and to be placed to the credit of the fund to be known as the ‘‘New Paving Fund,^’ which shall be exclu- sively applicable to the cost of the work authorized by 542 MISCELI.ANKOUS LOCAL LAWS. Appropria- tions. Manner of dis- bursing ap- propriations made for the work of Com- mission. Issue of Stock to be ap- proved by people. Sinking fund to be cre- ated. Assessment of cost of im- provements contem- plated by Act. this Act and shall be chargeable with no other items or of cost expense whatsoever; appropriations for the cost of said work, based upon the estimates of said Commission, shall be annually included by the Board of Estimates in the usual way, in the ordinance of estimates, and, upon the written requisitions, supported by proper vouchers of the Chairman of said Commission, or of the Chairman pro tempore of said Commission, countersigned by the Secretary of said Com- mission, or by the Secretary pro tempore of said Commission, either of which temporary officers said Commission is here- by authorized to appoint by vote or resolution, in the event of the absence, sickness or other disability for the time being of its Chairman or Secretary, respectively, the Comptroller shall draw his warrants upon the City Register, payable out of such appropriations from said special fund for the amounts of all items of cost or expense properly chargeable upon said special fund. But no part of said stock shall be issued nor any member of said Commission appointed until the ordinance of the Mayor and City Council of Baltimore providing for the issuance thereof shall be submitted to the legal voters of the City of Balti- more at such time and place as may be fixed by said ordi- nance, and be approved by a majority of the votes cast at such time and place as required by Section 7 of Article 11 of the Constitution of Maryland; if issued pursuant to such approval the Mayor and City Council of Baltimore, shall levy in each and every year upon all property liable to taxation in the City of Baltimore a sum sufficient, with the aid of the assessments hereinafter mentioned, to pay the interest accruing on said amounts of stock and to create a sinking fund sufficient, with the aid of premiums on the sale thereof, to redeem said amounts of stock at their respective dates of maturity. 1906, ch. 401, Sec. 7. §841q. Said Commission is required according to such system, or systems of procedure, and in such manner generally as shall be prescribed by the Mayor and City Council of Baltimore to assess two-thirds of the entire cost STREETS, BRIDGES AND HIGHWAYS — ASSESSMENT OF COST. 543 of grading, shelling, graveling, macadamizing, paving or otherwise surfacing and curbing, regrading, reshelling, regraveling, remacadamizing, repaving or otherwise resur- facing and recurbing any public lane, alley, avenue, street or highway, or part thereof, in the City of Baltimore under this Act, which, in the judgment of said Commis- sion, should be so improved, not including, however, any portion of the cost of the cross public highways, which, as well as the remaining one-third of said entire cost, shall be borne by the Mayor and City Council of Baltimore and also 3 per centum of said two-thirds of said entire cost for costs and expenses upon the property binding upon such lane, alley, avenue, street or highway or part there- of; and the Mayor and City Council of Baltimore is hereby authorized and directed to provide for the payment of such assessments, including said 3 per centum thereof, in such numbers of annual installments as it may deem proper, how assess- together with such interest thereon, not exceeding 5 per centum per annum, as it may deem expedient, with such provision also for the prepayment, or prepayment with discounts, of such assessments, including said 3 per centum thereof at the option of the owners of said property, as it may decide upon, and said assessments, including said 3 per centum thereof together with said interest thereon, shall be liens on the parcels of said property upon which said assessments shall be respectively assessed in the same way that other City taxes in the City of Baltimore collection of are now liens, and shall be collected and enforced, as other City taxes in the City of Baltimore are now collected and enforced or in such other manner as the Mayor and City Council of Baltimore shall prescribe; provided, however, that reasonable notice and an opportunity to be heard shall be required by the Mayor and City Council of Baltimore to be given and shall be given by said Commission, to all persons interested before the final ascertainment of the Notice and amount of assessment to be paid by any such property, fiSnglsTess- and provided, however, further, that provision shall be made by the Mayor and City Council of Baltimore for the right of appeal to the Baltimore City Court, including the right of appeal to the Court of Appeals by any person or Appeals. 544 MISCELLANEOUS LOCAL LAWS. persons interested, including the City itself, from the decision of said Commission in determining the amount of assessment to be paid by any such property. The Mayor ^Bfito. topLs^^d City Council of Baltimore is hereby empowered to S^df^lnces to P^ss any and all such ordinances not repugnant to the jSf of thi?' provisions of this section of this Act as may be necessary section. Qj. proper in its judgment to fully effectuate the objects of this section of this Act, or any of them. All money Application of derived from said assessments, and all interest thereon, SichTslS” when collected shall be held, used and applied in such ments. manner as the Mayor and City Council of Baltimore shall prescribe for the payment, so far as said money will go, of the amounts of stock of the said corporation issued as hereinbefore mentioned and of the interest to accrue thereon. 1906, ch. 401, Sec. 8. street railway §841r. The May or and City Council of Baltimore is bl^weTn^^ likewise authorized to impose upon all street railway com- two fle^on occupying with their tracks parts of the beds of thS-lofrf^ streets, avenues or other highways in the City of Balti- streets occu- moro upon wMch work shall be done under this Act of the pied by their ^ this Ac^not obligation to pay for said work so far as the same shall be to modify (jone between the rails of their said tracks and for a space their exist- ^ obfiSiins either side thereof, and the Mayor and City Council of Baltimore is further authorized to enforce said obligation by all such appropriate agencies, means, pro- cesses, proceedings and remedies as it may ordain for the purpose; but nothing in this Act shall be taken as in any- wise relieving any such company or any other corporation or person from any obligations in its or his relations to the public highways of the City of Baltimore now cast upon it or him by law. 1906, ch. 401, Sec. 9. §84 Is. While the work authorized by this Act is being done by said Commission the respective duties and powers of the City Engineer and Commissioner of Street Cleaning and other City officials in their relations to the pavements STREETS, BRIDGES AND HIGHWAYS— STREET DIRT, ETC. 545 and other street surface improvements of the City of Bal- timore shall, subject to the duties and powers hereby con- ferred upon said Commission, continue as at present, and said Commission shall be authorized as its work progresses to turn over from time to time, in its discretion, such completed portions of said work as it may see fit to the charge, superintendence and control of the proper City officials. When its work under this Act has been completed the life of said Commission as originally appointed and as subsequently recruited by appointments to occasional vacancies, if any, shall come to an end, and the pavements and other street surface improvements constructed or made by it, so far as they have not already been surrendered to the charge, superintendence and control of said officials, shall be then so surrendered, and at the same time all the records, writings and papers of said Commis- sion shall be delivered up to the City Librarian ; to be preserved in his office, and all property and effects in its possession belonging to the City to the Comptroller, to be disposed of by him as may be provided by ordinance. 1906, ch. 401, Sec. 10. §84 It. The Act of the General Assembly of Maryland, entitled “An Act to authorize the Mayor and City Council of Baltimore to issue its certificates of stock to an amount not exceeding Five Million Dollars ($5,000,000) for the pur- pose of providing the money to pay at the time of doing the work, the portion of the cost and expenses of grading, paving and curbing the streets, lanes and alleys of the City of Baltimore, assessable upon the property benefited thereby, and for the reimbursement of the City of Balti- more in respect thereto out of the money derived from said assessments” and approved April 7, 1900, is hereby repealed. Street Dirt, Sweepings and Garbage. 1902, ch. 327. §841u. The Mayor and City Council of Baltimore is hereby authorized to enter into an agreement with Duties and powers of certain heads of Depart- ments to con- tinue as at present and stieets when completed are to be turned over to care of proper officials. Provisions for closing work of the Com- mission. Repeal of Act 1900, ch. 523. 546 MISCELLANEOUS LOCAL LAWS. the United Railways and Electric Company of Balti- more, or any person, company or corporation, for the carriage and disposal from proper places that may be agreed upon for transportation on the cars of said Com- pany for final disposition at proper places situated on or near its system of tracks in this State of such street sweep- ings, dirt, ashes and garbage as may be collected by the "^eJJteMnto°an Mayor and City Council of Baltimore, or its duly consti- fo/twFs^- futed employes and agents and delivered to said United street °sweep- ^^ilways and Electric Company of Baltimore for final i”hes!^gai-- transportation at such places as may be agreed upon, on bage, etc. torms and conditions as may be agreed upon between the Mayor and City Council of Baltimore and the United Railways and Electric Company of Baltimore, or any per- son, company or corporation ; and should the Mayor and City Council of Baltimore by ordinance provide for the collection of street dirt, sweepings, garbage and ashes by other persons than the duly constituted officers or employes of said City of Baltimore, then said other person or persons shall have the same right to enter into an agreement for the final transportation of said street sweepings, dirt, garb- age and ashes as mentioned aforesaid ; provided, however, that nothing in this Act shall be construed to confer any right* upon the Mayor or City Council of Baltimore to con- tract with said United Railways and Electric Company of Baltimore, or any person, company or corporation, for the collection of street sweepings, ashes and garbage from the streets, lanes, alleys and other ways of the said City of Baltimore, but shall simply apply to the final transportation and disposal of said street sweepings, dirt, garbage and ashes from certain specified places to the final disposition as heretofore mentioned ; provided, further, that the cars, boxes, bins, houses or receptacles in which said street sweepings, dirt, garbage and ashes are deposited and re- tained awaiting final disposition, and the cars, boxes, bins, or other receptacles in which said street sweepings, dirt, garbage and ashes may, should or are to be transported from said place of deposit to the place of final disposition shall be closed and covered in such manner as may be provid- ed for by the Mayor and City Council of Baltimore, and SURVEYOR— TAXES — LIMITATIONS. 547 shall only be transported, conveyed and carried from said places of deposit to the final disposition through the streets of said city only between the hours of one and five o’clock A. M. SURVEYOR. P. G. L., (I860) Art. 37, Sec. 48. P. L. E., (I860) Art. 4, Sec. 865. P. L. E., (1888) Art. 4, Sec. 826. 842. A copy of the plat of the City of Baltimore from the record thereof in the Mayor’s office, or from the record piatof city to thereof in the office of the Clerk of the Superior Court of evidence. Baltimore City, duly certified under seal by the keeper of such records, respectively, shall be evidence. TAXES.** Limitations. 1861 ch. 94. P. E. E., (1888) Art. 4, Sec. 840. 843. All taxes now levied, or which hereafter may be levied in the City of Baltimore, shall be collected within four years from the levying of the same ; and the collection within four of taxes shall not be enforced by law after the lapse of said four years, and the party from whom said taxes may be demanded may plead this section in bar of any recovery of the same. Any person enforcing or attempting to enforce the collection of any tax after the lapse of four years, shall be liable to a penalty of twenty dollars for each and every offence, recoverable before a Justice of the Peace, in the name of the State, one-half to the informer, the other half to the City of Baltimore. M. & C. C. of Balto., V. Greenmount Cemetery, 7 Md. 517. *Gunther V. Mayor, 55 Md. 457. *Gould v. Mayor, etc., 58 Md. 46; 59 Md. 378. Hebb V. Moore, 66 Md. 167. Perkins v. Dyer, 71 Md. 422. Condon v. Maynard, 71 Md. 604. Baden v. Perkins, 77 Md. 465. Duval v. Perkins, 77 Md. 591. Baldwin v. State, use of Hull, 89 Md. 587. B., C. & A. R. R. Co. V. Wicomico Co., 93 Md. 113. **Note. — A ct 1904, ch. 263, exempts certain property conveyed to the Minister and Trustees of Starr M. P. Church of Baltimore City, from municipal taxation. 548 MISCEIvIvANEOUS locae laws. TENANT FOR YEARS OR LESS OR AT WILL.** P. L. L.. (1860) Art. 4, Sec. 882. P. L. L., (1888) Art. 4, Sec. 857. 844 . Where any lands or tenements in the City of Notice to “ten- Baltimore are held from year to year, the tenancy shall be ant from year . to year.” terminated it the lessor give to the tenant ninety days^ notice before the end of the year. Biggs V. Stueler, 93 Md. 100. P. L. L., (1860) Art. 4, Sec. 883. P. L. L., (1888) Art. 4, Sec. 858. Notice to ten- 845 . If any land be held in said City under a lease for than a year, a month, or any less period than a year, and the tenant continues to occupy under such lease after its expiration, he shall be deemed a tenant for such period as the premises were originally leased to him, and so from such period to **NoTE. — See notes of decisions in relation to sections 844 to 864, in- clusive, of this Article, on pages 1099 to 1103, inclusive. City Code, (1879). Landlord a^id Tenant. Ninety daj^s’ notice was given by a landlord to a tenant at will. This notice held sufficient. McElroy v. Wright, Daily Record, March 7, 1889. The renting of a tenement for an indefinite time, and an occupation thereof for a year, constitute a tenancy for a year. — Lutz v. Lutz, Daily Record, July 9, 1889. Where the tenant enter under avoid lease, he will be held liable under a verbal agreement of similar import as to terms to that expressed in writing. Khrman v. Lyman, Daily Record, July 18, 1889. An assignee of a leasehold estate is liable for the rent which accrued -after he executed an assignment of the term and before the same was recorded. See, able opinion of Judge Duffy in this case, affirmed in 75 Md., page 174. Nickel v. Brown, Daily Record, October 7, 1891. When Landlord Canfiot Petition in a7i Attachment Suit for Arrearages of Rent.— Wh.Q:n right of distress does not exist, the landlord has no lien entitling him to come into an attachment suit by petition as sanctioned b}^ Thompson v. Balto. Steam Packet Co., 33 Md. 318, and claim a priority for rent in arrear. Putman’s Sons v. Van Buren, Daily Record, November 27, 1890. Landlord' s Remedy for Rent when Tenant's goods are seized by writ of attachment and goods sold under order of court. — Landlord should go into court and claim payment of his rent as a prior lien on proceeds, by reason of his quasi lien on the goods. Lutz v. Lutz, Daily Record, July 9, 1889. TENANT FOR YEARS OR EESS OR AT WIEL — NOTICE TO TENANT. 549 such period ; and if his landlord give him thirty days’ notice before the termination of any period of his tenancy, it shall terminate such tenancy. Kinsey v. Minnick, 43 Md. 112. P. L. L., (1860) Art. 4, Sec. 884. P. L. L., (1888) Art. 4, Sec. 859. 846. If land or tenements be held in said City by Notice to ten- ^ ant at will or tenancy at will, at sufferance or per autre me, thirty days, otherwise, notice by the landlord or reversioner to the tenant or occupant shall terminate such tenancy at the expiration of thirty days. P. L. L.,’(1860) Art. 4, Sec. 885. P. L, L., (1888) Art. 4, Sec. 860. 847. Any of the tenancies mentioned in the three pre- ceding sections may be terminated by the tenant giving notice to the landlord thirty days previous to the end of the year, or other period for which he holds the same. Kinsey v. Haslup & Minnick, 43 Md. 112. Biggs v. Stueler. 93 Md. 100. P. E. E., (I860) Art. 4, Sec. 886. P. L. E., (1888) Art. 4, Sec. 861. 848. The notice required by the preceding sections shall be in writing and served on the tenant, or left at his place of abode or business, or served on his agent or served on his agent or servant, or served on occupant of the premises; and if there be no person living on the premises the same may be served by being set up on a conspicuous part of the premises. Kinsey v. Minnick, 43 Md. 117. Biggs v. Stueler, 93 Md. 103. P. E. E., (1860) Art. 4, Sec. 887. P. E. E., (1888) Art. 4, Sec. 862. 849. Such notice shall be sufficient in form if it con- tains a request by the landlord to the tenant to leave the premises, or if it state the intention of the tenant to leave the same, and it need not state the time when the tenant is requested to leave the same, or when the tenant intends to do so. 550 MISCELLANEOUS LOCAL LAWS. Rights under notice. Special notice by agree- ment. Jurisdiction of Justices of the Peace. Service of summons. Interrogatories to tenant. P. L. L., (1860) Art. 4, Sec. 888. P. L. L., (1888) Art. 4, Sec. 863. 850. Such notice, without any additional notice, shall entitle the landlord to the benefit of the law providing for the speedy recovery of the possession of lands or tene- ments held over by tenants. P. L. L., (1860) Art. 4, Sec. 889. P. L. L., (1888) Art. 4, Sec. 864. 851. If by agreement of the parties the time and man- ner of notice is specified, such notice shall be given as the agreement provides, and when given by the landlord, shall entitle him to all the benefits of the preceding sections, without any other notice. 1861, ch. 96. P. L. L., (1888) Art. 4, Sec. 865. 852. One Justice of the Peace of said City shall have all the powers conferred upon two justices and a jury by the Public General Laws in relation to landlords and ten- ants, subject to appeal as in other cases of judgments by Justices of the Peace in said City. Miller v. Duvall, 26 Md. 51. P. L. L., (1860) Art. 4, Sec. 891. P. L. L., (1888) Art. 4, Sec. 866. 853. If the summons issued for the tenant in a pro- ceeding to dispossess him be returned non est, a second summons, returnable in not less than five days shall be issued, and if the tenant shall not be found, a copy of the second summons shall be left with the occupant of the premises, or if they be vacant, affixed to some principal building, or if no building, then set up on the premises; and on the day assigned in the summons for the appearance of the party the Justice shall proceed as if he had appeared. P. L. L., (I860) Art. 4, Sec. 892. P. L. L., (1888) Art. 4, Sec. 867. 854. The landlord or reversioner may file with the Justice interrogatories to be answered by the tenant touch- ing the tenancy or notice, or for any other matter of evidence in support of the pretensions of said landlord or reversioner, in and about such proceeding. TEXAXT FOR YEARS OR LESS OR AT WILE — DISPOSSESSION OF. 551 P. L. L., (1860) Art. 4, Sec. 893. P. L. L., (1888) Art. 4, Sec. 868. 855. If a copy of such interrogatories be served on the tenant, he shall answer the same before the third day, Answers of exclusive of the day of service; and upon his failure to ’ answer the matters inquired of by such interrogatories, they shall be taken as confessed by him; but on cause shown, the Justice may give further time for answering, not exceeding eight days in the whole, from and exclusive of the day of service. P. L. L., (1860) Art. 4, Sec. 894. P. L. L., (1888) Art. 4, Sec. 869. 856. The copies of said interrogatories may be served in the same manner that notices to quit are directed to be served. P. L. L., (1860) Art. 4, Sec. 895. P. L. L., (1888) Art 4, Sec. 870. 857. If in any proceeding by a landlord to dispossess a ® tenant the judgment be in his favor, the Justice shall '’“t. assess against the tenant holding over the premises, dam- ages not exceeding double the rate of the rent of said tenancy, and also for the expenses of said landlord or reversioner in and about said proceeding, over and above the legal costs thereof, and shall render a judgment there- for in favor of the lessor or reversioner, to be enforced by execution.** P. L. L., (1860) Art. 4, Sec. 896. P. L. L., (1888) Art. 4, Sec. 871. 858. If the Justice shall find against the landlord or Damages reversioner he shall assess such damages as he shall deem lord, just to be paid by him to the tenant, for which, and costs, judgment shall be rendered and enforced as aforesaid. Miller z>. Duvall, 26 Md. 51. **Note. — U nder this section (857), it is the duty of the Court to assess against a tenant holding over, damages not exceeding double the rate of rent of the tenancy, and also such further sum for the expenses of the landlord in and about said proceedings over and above the legal costs therein. McElroy v. Wright, Daily Record, March 7, 1889. MISCElvI^ANEOUS EOCAE EAWS. 5 52 Tenant hold- ing over af- ter notice to quit. Appeal to City Court. Appeal Bond. City Court has jurisdiction only on ap- peal. P. E. E., (1860) Art. 4, Sec. 899. P. E. E., (1888) Art. 4, Sec, 872. 859. In all cases the tenancy mentioned in this sub-divi- sion of this Article, if the tenant, after notice, fail to quit at the end of the term, or at a period when he shall begin as aforesaid to be holding over, such tenant, his executors or administrators, may, at the election of the lessor, his heirs, executors, administrators, or assigns, be held as a tenant and bound to pay double the rent to which the said tenancy was subject, and payable and recoverable in all respects and to every effect as if, by the original agreement or the understanding as to such tenancy, said double rent were the reserved rent of the demised premises, according to the terms and conditions of payment of such originally reserved rent. P. E. E., (1860) Art. 4, Sec. 900. P. E. E., (1888) Art. 4, Sec. 873. 860. An appeal may be prosecuted from any judgment of a Justice of the Peace rendered under the provisions of this sub-division of this Article to the Baltimore City- Court, in the manner and under the rules prescribed in cases within the ordinary jurisdiction of Justices of the Peace ; the tenant, or his executors or administrators, in order to stay any execution of the judgment against them, giving, on such appeals, bond with security, with condition to prosecute the appeal with effect, and to answer to the landlord, his executors and administrators, all costs and damages, mentioned in the judgment, and such as shall be further incurred and sustained by reason of said appeal and the delay thence arising. Miller v. Duvall, 26 Md. 47. Gelston v. Sigmund, 27 Md. 334. Hears v. Remare, 33 Md. 246. Same v. Same, 34 Md. 333. P. E. E., (I860) Art. 4, Sec. 901. P. E. E., (1888) Art. 4, Sec. 874. 861. Such cases shall not be removable to the Baltimore City Court, at any stage thereof, save by and upon appeal as aforesaid. VAGRANTS, PAUPERS, VAGABONDS AND DISORDERLY PERSONS. 553 P. L. L., (1860) Art. 4, Sec. 902. P. L. L.. (1888) Art. 4, Sec. 875. 862. No proceeding to dispossess a tenant holding over, had before any Justice of the Peace and removed by appeal to the Baltimore City Court, shall by such Court be reversed or set aside for matter of form ; and any case no reversal for thus removed by appeal, if the proceeding thereunder shall be set aside or appear to be substantially defective, shall be proceeded with in said Court in the same manner and to the same effect, upon the claim and complaint and merits, and upon evidence to be adduced therein as it was or might have been competent to said Justice of the Peace to have proceeded therewith. P. L. L , (1860) Art. 4, Sec. 903. P. L. L., (1888) Art. 4, Sec. 876. 863. Every such appeal shall be tried and finally determined and proceeded with at the first term to which to try at first term. such case shall be removed to the said court, unless for cause shown upon affidavit the court shall otherwise order. Hears v. Remare, 33 Md. 251. P. L. L., (1860) Art. 4, Sec. 904. P. L. L., (1888) Art. 4, Sec. 877. 864. The provisions of the preceding sections of this sub-division of this Article, relating to tenants holding over, shall extend to the heirs, executors and assigns of lessors and reversioners, and to the executors and all per- R^srhts of rep- ’ ^ resen tatives sons holding under tenants, and to all cases where there are two or more tenants, in which case each tenant shall be entitled to the notices and the benefit of each condition contained in the preceding sections of this sub-division of this Article. VAGRANTS, PAUPERS, BEGGARS, VAGABONDS AND DISORDERLY PERSONS. P. L. L., (1860) Art. 4, Sec. 907. P. L. L., (1888) Art. 4, Sec. 878. 865. The Judge of the Criminal Court of Baltimore, or any Justice of the Peace of the City of Baltimore, upon information that any person in said City is a pauper, an 554 MISCELLANEOUS LOCAL LAWS. habitual beggar, a vagrant, a vagabond or disorderly person, shall issue a warrant or order, to be directed to the Sheriff or any constable on police officer of said City, commanding him to bring the person against whom the information is given, before said Court or said Justice on a day to be named therein, not more than one week from the date of the warrant, to answer to the said charge. P. L. L., (1860) Art. 4, Sec. 908. P. L. L., (1888) Art. 4, Sec. 879. 866. Every person who has no visible means of main- tenance from property or personal labor, or is not Warrant for supportod by his or her friends or relatives, fo?madoS.'”' lives idle, without employment, shall be deemed a pauper ; and every person who habitually wanders about and begs in the streets, or from house to house, or sits, „ ^ ^ stands or takes a position in any place and begs from passers-by, either by words or gestures, shall be deemed an habitual beggar ; and every person who wanders about and lodges in outhouses, market-places, or other public buildings or places, or in the open air, and has no perma- nent place of abode, or visible means of maintenance, shall be deemed a vagrant ; and every person who leads a dissolute and disorderly course of life, and cannot give an account Habitual beg- of the means by which he procures a livelihood, and every fortune-teller or common gambler, shall be deemed a vagabond or disorderly person.** 1888, ch. 284. P. L. L., (1888) Art. 4, Sec. 880. 867. Police officers, acting on the request of any person, or upon their own information or belief, shall, without a **NoTE. See, opinion of Harlan, C. J., in re State v. Carrie Park- hurst, Part II of the Criminal Court of Baltimore, declaring section 4 of Article 38, Baltimore City Code (1893), in conflict with sections 866-872 inclusive of the City Charter, and therefore invalid. Docket of 1901, case 1028. Criminal Court , — Jurisdiction, of . — In cases of vagrancy, the Crimi- nal Court of Baltimore City has appellate jurisdiction only; on a convic- tion before a Justice of the Peace, the accused may appeal to the Criminal Court. Adams v. .Superintendent House of Refuge, Daily Record , April 3, 1903. VAGRANTS, PAUPERS, VAGABONDS AND DISORDERLY PERSONS 555 warrant, arrest and carry before a station house Justice for examination any such pauper, habitual beggar, vagrant. Police may on vagabond or disorderly person, and make complaint against ^st wUhout him ; provided, that in all cases where such arrest is made on request of any person and without warrant, the officer making the arrest shall require the person request- ing it to forthwith appear before said Justice and prefer a charge, under oath, against the person so arrested. P. L. L., (1860) Art. 4, Sec. 909. P. L. L., (1888) Art. 4, Sec. 881. 1890, ch. 196. 1900, ch. 677. 868. The said Court or said Justice, upon proof that any person is a pauper, an habitual beggar, a vagrant, or a vagabond as aforesaid, shall in the discretion of the said Court or Justice commit said pauper, habitual beggar, vagrant or vagabond to the Maryland House of Correction, or to such other suitable place as may hereafter be pro- vided for said purpose by the Mayor and City Council of Baltimore; provided, that any person found to be a pauper or an habitual beggar who may not be able-bodied, but aged, or seriously crippled or infirm, may in the discretion of said Court or Justice be committed to the almshouse of said City; and that any minor committed under this section may be sent to any reformatory institution to which minors may be committed under Article 27 of the Code of Public General Laws. P. L. L., (1860) Art. 4, Sec. 910. P. L. L., (1888) Art. 4, Sec. 882. 869. Whenever any house of refuge, house of correc- tion, workhouse or other house, building or place shall be provided by the Mayor and City Council of Baltimore, to ^\S^p!acTcom- which persons convicted under this sub-division of this Article may be sent, the said Court or said Justice may send them to any such house, building or place, if the Judge of said Court or said Justice consider it to be a more suitable place for the purpose than the Almshouse. 556 MISCEl^IvANEOUS EOCAE EAWS. Must remain for term com- mitted. Emploj'ment of those committed. Time of de- tention. Rules and reg- ulations of corrective institutions. Notice to par- ents of va- grant mi- nors. P. E. L., (I860) Art. 4, Sec. 911. P. L. L., (1888) Art. 4, Sec. 883. 870. The Supervisors of City Charities, or the officers of places respectively to which persons convicted under the two preceding sections may be sent, shall keep them during the time for which they are to be kept, so that they cannot escape from said places. P. L. E., (1860) Art. 4, Sec. 912. P. E. L , (1888) Art. 4, Sec. 884. 871. The said Supervisors of City Charities or other officers respectively shall put such of said persons so con- victed as are able to work, to the work which they are best able to do. P. E. E., (1860) Art. 4, Sec. 913. P. E. E., (1888) Art. 4. Sec. 885. 1890, ch. 196. 872. The time for which any person shall be sent to the almshouse, the Maryland House of Correction or other place, as provided by Section 868 of this Article, shall not be less than one week nor more than two months for the first conviction, and not less than one month nor more than six months for the second conviction, and not less than six months nor more than twelve months for the third or any subsequent conviction. P. E. E., (1860) Art. 4, Sec. 914. P. E. E., (1888) Art. 4, Sec. 886. 873. The Supervisors of City Charities or the managers of the House of Refuge or officers of the other places to which persons may be sent as aforesaid, shall respectively have the right to make all proper rules and regulations for the purpose of carrying out the aforesaid provisions. P. E. E., (I860) Art. 4, Sec. 915. P. E. E., (1888) Art. 4, Sec. 887. 874. Whenever any minor shall be brought before the Judge or Justice as aforesaid, the parents or guardians of such minor, if they be resident within the City of Balti- more, and their names and place of residence be made VAGRANTS, PAUPERS, VAGABONDS AND DISORDERLY PERSONS. 557 known to such Judge or Justice, shall be summoned to show cause, if any they have, why such minor should not be sent to the almshouse or other suitable place, or be otherwise punished according to law. P. L. L., (I860) Art. 4, Sec. 916. P. L. L., (1888) Art. 4, Sec. 888. 875. The said Judge or Justice shall, if a suitable master or mistress can be found, and he judges it best for may b the minor, bind such minor an apprentice to some useful apprenticed, art, trade or occupation, in the same manner and on the same conditions as apprentices may now be bound by the laws of this State. P. L. L., (1860) Art. 4, Sec. 917. P. L. L., (1888) Art. 4, Sec. 889. 876. Every unmarried male under twenty-one years of age, and unmarried female under eighteen years of age, shall be considered minors within the meaning of the preceding section. P. L. L., (1860) Art. 4, Sec. 918. P. L. L., (1888) Art. 4, Sec. 890. 877. The Orphans’ Court of Baltimore City shall have concurrent jurisdiction over all cases of minors under the jurisdiction of preceding sections of this sub-division of this Article, and ?oS?t^Sver exercise all the powers in relation to them which are herein- before granted to the Criminal Court and to Justices of the Peace of said City. P. L. L., (1860) Art. 4, Sec. 919. P. L. L., (1888) Art. 4, Sec. 891. 878. The Criminal Court of Baltimore shall try all cases which may be brought before it in relation to vagrants and beggars, in the same manner and at the same Trials of va- time as cases for assault and battery are now tried by said Court ; provided, that the trial shall be by jury, if demanded by the party charged. 558 MISCEI.LANEOUS EOCAE EAWS. P. L. E., (I860) Art. 4, Sec. 920. P. L. E., (1888) Art. 4, Sec. 892. 879. If any case which may be brought before a Justice of the Peace, or before the Orphans^ Court, the party Jury Trial. charged shall demand a jury trial, the said Justice or said Court shall certify said case to the Criminal Court of Baltimore, to be proceeded with and tried by said Court in the same manner as if the case had been originally brought before said Court. P. E. E., (1860) Art. 4, Sec. 921. P. E. E., (1888) Art. 4, Sec. 893. 880 . The Justice of the Peace and the Clerk of the Criminal Court and Register of Wills of the Orphans^ Court aforesaid, respectively, shall receive the sum of Fees for issu- twonty-five ccuts for issuing every warrant, and fifty inS warrY^s cents for making out every commitment or indenture of apprenticeship of such vagrants or beggars ; and the con- stable, sheriff or police officer, for serving said warrant and bringing the person charged before either of said Courts, or before said Justice, shall receive the sum of fifty cents, and for carrying any person committed to the place of commitment, the sum of fifty cents, which several sums shall be paid as other costs in criminal cases are now Costs against paid ; but either of said Courts or said Justice may at acquittal. discretion, adjudge that the said costs shall be paid by the informer, in cases where the person charged is acquitted. VAGRANT, DEPENDENT AND VICIOUS CHILDREN. 1878, ch. 473. P. E. E., (1888) Art. 4, Sec. 894. 1902, ch. 611, Sec. 2. 881 . No minor, if a girl, under the age of sixteen Minors in sa- years, and if a boy, under the age of fourteen years, shall ha°nl,’e1?.”‘'^'be admitted or permitted to remain in any saloon, place of entertainment or amusement known as dance-houses, concert saloon, theatre or varieties, where immoral, indecent, obscene or vulgar language, display or perform- ance is permitted, allowed or carried on, or where any spirituous liquors, wines, intoxicating or malt liquors are sold, exchanged or given away, unless accompanied by VAGRANT, dependent AND VICIOUS CHILDREN. 559 parents or guardian. Any proprietor, keeper or manager of any such place who shall admit such minor to or permit him or her to remain in such place, unless accompanied by parent or guardian, shall be guilty of a misdemeanor, and shall, upon conviction by any court or competent jurisdic- tion, be fined ten dollars and costs for each and every Penalty, offence. 1878, ch. 473. P. L. L., (1888) Art. 4, Sec. 895. 882 . Every person having the custody of any girl under the age of sixteen years and of any boy under the age of fourteen years shall restrain such child from habitually begging, whether actually begging or under the °aS^chii pretense of peddling. Any person offending under this ^ren. section shall be considered and deemed as incapable of taking care of and providing for such child, and such child, by reason thereof, be deemed as coming within the conditions of the next succeeding section. 1878, ch. 473. P. h. E., (1888) Art. 4, Sec. 896. 883 . Any girl apparently under the age of sixteen years, and any boy apparently under the age of fourteen years, that comes within any of the following descriptions named ; that is known to be habitually begging or receiving alms, whether actually begging or under the pretence of peddling or offering for sale anything, or being in any Defining va- street, road or public place for the purpose of so begging, gathering or receiving alms ; that is found wandering and not having any home or settled place of abode or proper guardianship or visible means of subsistence ; that is found destitute, either being an orphan or having a vicious parent who is undergoing penal servitude or imprisonment ; that frequents the company of reputed thieves or prostitutes, or houses of assignation or prostitution, or dance-houses, concert saloons, varieties, or places specified in Section 881 hereof, without a parent or guardian, shall be arrested and Arrest of such brought before a Court or Justice of the Peace. When, upon examination before a Court or Justice of the Peace it 560 MISCEIvI^ANEOUS LOCAL LAWS. shall appear that any such child has been engaged in any of aforesaid acts, or comes within any of the aforesaid descriptions, such Court or Justice, when he shall deem expedient for the welfare of the child, shall commit such child to an orphan asylum, charitable or other institute, or make such other disposition thereof as now is or may hereafter be provided by law in case of vagrants, truant. Proviso. disorderly, pauper or destitute children ; provided, however, that none of the provisions of this sub-division of this Article shall be construed so as to prevent children from selling or offering for sale newspapers. 1878, ch. 473. P. L. L., (1888) Art. 4, .See. 897. 884 . Any person representing himself or herself to be, or passing himself or herself off as the parent or guardian of a child or children referred to in any of the aforesaid sections of this sub-division of this Article, when it shall appear that such person is not either the parent or guardian of said child, shall be deemed guilty of a misdemeanor, ^pretending upon conviction by any court of competent jurisdiction parents. g]^^|j fined not more than twenty dollars and costs for each and every offence. Boys^ Home. 1874, ch. 68. P. L. L., (1888) Art. 4, Sec. 898. 885 . The special objects and purposes of the Boys^ Home Society shall be to shelter and protect destitute and homeless boys, to furnish them with food, raiment and lodging, to stimulate them to honest efforts to earn a livelihood, to instruct them after working hours in moral and religious truths and in the rudiments of education, to aid and encourage them out of vagrancy and ignorance, to raise them up into a better life of virtue, industry and usefulness, and generally to stand in the relation of parent to such homeless boys. 561 VAGRAr^T, KTC., CHILDREN — ST. MARTIN’S EPISCOPAL HOUSE. St. Martha s Episcopal House. 1898, ch. 151. §885a. The Mayor and City Council of Baltimore is authorized and empowerd to appropriate annually the sum Appropriation of five hundred dollars to pay for the conduct and manage- ment of Saint Martha’s Episcopal House, in the City of Baltimore. 1874, ch. 68. P. L. L., (1888) Art. 4, Sec. 899. 1900, ch. 742. 886. The Boys’ Home, the Dolan Children’s Aid Society, the Hebrew Orphan Asylum, the Home of the Friendless, St. Vincent’s Orphan Asylum and the Henry Watson Children’s Aid Society have the powers and authority con- Jjl: f erred by the General laws upon juvenile institutions and tutions. societies. 1902, ch. 611. 1904, ch. 514. 1906, ch. 263. 8 86 A. The Supreme Bench of Baltimore City is author- ized to appoint from time to time, in such number as it may deem proper, persons of either sex, to serve during its pleasure as probation officers, five of whom shall be ^^sig- nated by the Court as paid officers, and shall each receive ?ers. from the Mayor and City Council of Baltimore a salary of twelve hundred dollars per annum, payable monthly. Probation officers are deemed officers of the various Courts presided over by the Judges of the Supreme Bench of Baltimore City exercising functions under the authority and direction of such Courts, and in the execution of their office, are vested with the privileges and authority of the conservators of the peace. 1902, ch. 611. 1904, ch. 514. 886B. In any proceeding before any of said Courts or before the Magistrate for juvenile causes, involving the Duties of pro- detention, custody or commitment of any minor, one or cer‘s?”°^‘ more of the probation officers designated by the Court or Magistrate shall make such investigation as may be required 562 miscellaneous local laws. To visit juve- nile institu- tions. Their employ- ment or pres ence in, pro- hibited. Penalty, for- feiture of license and fine or im- prisonment. by the Court or Magistrate and execute such orders or directions of the Court or Magistrate as may be given them ; at any stage of the proceedings in the case of a minor who is charged with crime or whose care and custody is involved, the Court or Magistrate may suspend further action and place such minor in the care and custody of a probation officer for such time and upon such terms and conditions as may be deemed proper ; and such officer may bring the minor before the court or Magistrate at any time during the period of commitment to his care. The Supreme Bench shall from time to time designate and direct such probation officer or officers as they may select to visit the various juvenile institutions to which minors are committed by any of said Courts to make a thorough investigation into all matters affecting the welfare of such minor, and make a report thereof to said Court. 887 - 899 . Sections 887 to 899, inclusive, repealed by Act 1900, ch. 742. WAITRESSES IN PLACES OF PUBLIC AMUSEMENT. 1864, ch. 399. P. L. L., (1888) Art. 4, Sec. 913. 900. It shall not be lawful for any proprietor, lessee or manager of any theatre, museum or other place of amuse- ment, to employ women or girls as waiters, or to permit -them to act in such theatre or place of amusement, or among the audience or frequenters of such theatre or place of amusement as waiters, or for the purpose or under the pretense of selling, serving, receiving orders or pay for spirituous or malt liquors, wines, lager beer, or any other refreshments or merchandise. 1864, ch. 399. P. L. L., (1888) Art. 4, Sec. 914. 901 . Any person violating the provisions of the pre- ceding section shall be deemed guilty of a misdemeanor, and on conviction thereof in the Criminal Court of Balti- more, shall be sentenced to pay a fine of not less than one WATER — LAKE ROLAND, RESERVOIRS AND DAMS. 563 hundred nor more than one thousand dollars, or to imprison- ment in jail not less than one month nor more than six months, or to both fine and imprisonment, at the discretion of the Court, and to forfeiture of license, one-half the fine to be paid to the informer and the other half to the State. WATER. Lake Roland, Reservoirs and Dams. 1870, ch. 25. P. L. L., (1888) Art. 4, Sec. 931. 902. If any person shall wilfully pollute the water in any lake, dam or reservoir, line of conduit, water-pipe, gate house, or other work constructed or used for supplying the City of Baltimore with water, by swimming, bathing or washing therein or by washing, or causing to be washed therein, or so near thereto as to pollute the water therein, any clothes, the skin of any dead animal, or any impure, fetid or noxious animal or vegetable matter, or shall ^p"ofiudo°n. throw, or cause to be thrown therein, or so near thereto as to pollute the water therein, any impure, fetid or nox- ious animal or vegetable matter, the person so offending shall forfeit and pay a sum not less than five nor more than fifty dollars for each offense. Mayor v. Warren Mfg. Co., 59 Md. 96. 1870, ch. 25. P. L. L. (1888) Art. 4, Sec. 932. 903. If any person shall erect, or cause to be erected, any privy, hog-pen, bleaching or dyeing establishment, or other thing, over any lake, dam, reservoir, line of conduit, ^erection?”^^ water-pipe, gate house, or other work constructed or used of polf^tlSn. for supplying the City of Baltimore with water, or so near thereto as to pollute or discolor the water therein, the person so offending shall forfeit and pay a sum not exceed- ing fifty dollars, and the further sum of ten dollars for each and every day the same shall remain after notice to remove same shall have been given. 564 MISCElvLANEOUS EOCAE EAWS. 1861, ch. 240. P. E. E., (1888) Art. 4, Sec. 933. 904 . If any person shall injure, or cause to be injured, defaced or destroyed, any dam, reservoir, line of conduit, to^watJr wutcr-pipe, gate-house, stop-cock, or other thing used for supplying the City of Baltimore with water, the person so offending shall forfeit and pay a sum not less than five nor more than fifty dollars for each offence. 1861, ch. 240. P. E. L., (1888) Art. 4, Sec. 934. 905 . All fines and forfeitures imposed by the preceding second shall be recoverable by warrant before any Justice of the Peace in and for the City of Baltimore, or in and for Baltimore County, according to the respective juris- diction under which any of the offences herein set forth may be committed; one-half to the informer and the other half to the Mayor and City Council of Baltimore. 1861, ch. 240. P. E. E., (1888) Art. 4, Sec. 935. 906 . The two preceding sections shall not be construed to exempt any person who may have been fined for a vio- lation thereof, or who may be charged with a violation there- ^ filfes notto of, from an action of damages for any injury or destruction actlonTf?^°^of any part of the works used in supplying the City of damages. Baltimore with water, in any suit for damages on account of said injury, brought by the Mayor and City Council of Baltimore. PROVISOES LIMITING THE OPERATION AND EFFECT OF THIS ARTICLE. 1898, ch. 123, Sec. 2. Section 2 . This Act (1898, ch. 123) shall not affect or Vested rights, impair any right vested or acquired and existing at the time of the passage of said Act; provided, that this section Proviso. shsiW not be construed to make irrepealable or irrevocable any right which before the passage of this Act was repeal- able or revocable; nor shall said Act impair, discharge or release any contract, obligation, duty, liability or penalty system. Recovery of penalties imposed. PROVISOES LIMITING THE OPERATION AND EFFECT OF THIS ARTICLE. 565 whatever now existing. All suits and actions, both civil and criminal, pending or which may hereafter be instituted for causes of action now existing or offenses already com- ^ pSdf’ mitted against any law or ordinance repealed by this Act, shall be instituted, proceeded with and prosecuted to final determination and judgment as if this Act had not been passed. No tax levied or any proceeding taken for the collection of any such tax or the enforcement of the pay- ment of the same, before the passage of this Act, or the taxes levied for the year eighteen hundred and ninety- eight, if levied after the passage of this Act, shall in any manner be affected by the passage of this Act, and the mode of procedure in any such matter shall be the same as if this Act had not been passed. Robinson v. Baltimore City, 93 Md. 208. Baltimore City v. Balto. Co. W. & E. Co., 95 Md. 242. 1898, ch. 123, Sec. 3. Section 3. All laws now in force relating or applicable to the Mayor and City Council of Baltimore or the City of Baltimore, and not included in this Act, and not incon- Effect of Act sistent with said Act, and all ordinances of the Mayor and ing law. City Council of Baltimore now in force and not inconsistent with this Act, shall be and they are hereby continued un- til changed or repealed, respectively, by the General Assembly of Maryland or the Mayor and City Council of Baltimore ; provided, that all Acts or parts of Acts passed at the session of the General Assembly of Maryland in the year eighteen hundred and ninety-eight, relating to the "^unimpSed. Mayor and City Council of Baltimore, or the City of Balti- more, or in any manner amending or adding to Article 4 of the Code of Public Local Laws, as said Article existed before the passage of this Act, shall in no wise be affected by the passage of this Act, but all such laws shall have the same force and effect as if this Act had not been passed. The provisions of this Act shall not have the effect to en- Extra territor- large or extend in any manner the rights or privileges of Act defined, the Mayor and City Council or other authorities of the City 566 MISCEI.I.ANEOUS LOCAE LAWS. Effect of Act on tenure of office. of Baltimore outside of the limits and boundary of said City, beyond or in addition^ to those now limited to, and exercised by said City under the present laws. U. Rys., etc. Co. v. Hays, 92 Md. 490. Baltimore City v. Stewart, 92 Md. 553. Robinson v. Balto. City, 93 Md. 208. Balto. City v. Balto. Co. W. & E. Co., 95 Md. 243. Bostock v. Sams, 95 Md. 400. 1898, ch. 123, Sec. 4. Section 4 . All officers provided for or named in said Act, whether by election or appointment, shall continue to hold, exercise and discharge the duties of their respective offices, until they shall be superseded under the provisions of said Act, and until their successors shall be duly quali- fied, and nothing contained in said Act shall be construed to interfere with the continuity of the terms or tenure of any of said officers ; nor shall a reappointment or re-elec- tion of any of said officers be necessary in order to secure the said continuity of their said terms and tenures of office, unless otherwise provided in said Act.** Robinson v. Balto. City, 93 Md. 208. ‘Note. — T he Act of 1898, ch. 123 was approved March 24, 1898. ORDINANCES. ■-i-/ Baltimore City Code. ORDINANCES. ARTICLE I. MAYOR AND CITY COUNCIL. The Mayor. Bonds in Municipal Suits. 1. Authority to execute appeal bonds, etc. ; Indemnification of sureties. Deeds and Leases. 2. Mayor to execute deeds for city property ; proviso as to section 13 of City Charter. 3. Ma}^or to execute renewal leases of city property ; proviso as to form of lease. 4. Use of sign or bill-boards in “Burnt District” to render deeds of Burnt District Com- mission void. City's Claims. 5. Mayor to employ attorneys to prosecute claims against United States. Mayor's Secretary. 6. Appointment of secretary ; his duties ; salary. Mayor's Clerk. 1. Appointment of clerk; duties; salary of clerk. Mayor's Messenger. 8. Appointment of messenger; duties of messenger ; salary. Mayor's Stenographer. 9. Appointment of stenographer ; duties ; salary. 10. Terms of employment of clerk, messenger and stenographer. 11. Not to be absent without Mayor’s permission. Manslaughter^ Murder and other Crimes. 12. Reward for persons charged with homicide, assault with intent to kill, arson and in- cendiarism. Revocation of Permits. 13. Certain permits to be revocable; notice of revocation , penalty for disregard of notice. City Council. Members. 14. Penalty for absence of mem- bers without leave. 15. Manner of collecting said penalty. 16. Duty of member absenting him- self during session. 17. Neither branch to adjourn without consent of other. 18. Members not to hold other office of emolument under corporation. 570 MAYOR AND CITY COUNCIL— ORDINANCES. [art. 1. Clerks of City Council. 19. Duty of chief clerks to deliver journals, petitions, messages and reports to City Register ; Register may withhold sal- aries until duties performed. 20. Chief clerks to indorse said papers. 21. Clerks to furnish proceedings of each Branch to Public Printer. 22. Clerks to receive from Public Printer copy of journal on writing paper ; same to be delivered to City Register; to be preserved in City Library; journal as evidence. 23. Specifications for engrossing ordinances and resolutions. Ordinances and Resolutions. 24. City Register to have engrossed ordinances bound and index- ed. 25. City Register to send copies of ordinances to heads of de- partments affected. 26. City Librarian to furnish copies of ordinances, etc., to State Library, Bar Library and Peabody Institute. 27. Publication of ordinances and resolutions in newspapers; to be published in German ; City Register to examine Public Printer’s proof sheets of ordinances. 28. Payment for publication of or- dinances; rate of charge for publication. 29. Duties of Reading Clerk of First Branch; to also perform duties of Chief Clerk during his absence. 30. Certificates to be attached to ordinances before delivery of same to the Mayor by the clerk of the Branch in which same originated. 31. Clerk of Second Branch to be chief clerk of the two Branches when in convention. Claims before Council. 32. No claim barred by limitations to be considered. Diary of City Council. 33. Control of expenditures relat- ing to operation of City Coun- cil. 34. Items to be paid only when duly authorized. 35. Bills of Council to be referred to Committee on Claims; Re- port of committee to be ap- proved by resolution ; such resolution to be authority of Comptroller to draw warrant on City Register. City Officers. 36. When annual reports to be made. 37. City officials not to be inter- ested in contracts with or claims against city ; penalty. Bonds. 38. Officers from whom bond not required ; when Mayor may require bond from such. 39. Powers of Ma}^or in relation to bonds for wLich no provision is made. Extra Compensation. 40. Not to be granted to officers or agents of city ; salaries not to be increased or diminished during term of office ; proviso as to increased duties. ART. 1 .] BONDS IN MUNICIPAL SUITS — ORDINANCES. 571 41. Not to be granted to con- tractors or firms after contract made ; proviso as to loss caused by act of Mayor and City Council. Salaries of Employes. 42. When to be paid ; exception as to salaries of persons in the Department of Education. A dvertisements . 43. To be published in at least one German paper. City Contracts. Specifications. 44. Sub-contractors mu.st be named in original bid. 45. Contractor’s bond to contain stipulation to indemnify city in cases of infringement of patents for materials, etc., or negligence by contractors. 46. Contractors to produce vouch- ers of settlement for labor and materials furnished to them. 47. Contractors to pay day laborers weekly ; otherwise, city de- partment supervising work shall pay same and charge contractor. Records of the City. 48. Public papers to be recorded, filed and preserved; City Register to permit removal of records only on demand of court of justice or of City Council ; to furnish copies of records ; fee for copy. 49. Comptroller to keep indexed records of property of city. Seal. 50. Representation of Battle Monu- ment to be seal of city. 51. Certificate of City Register under seal to be furnished free in cases of claims of soldiers and seamen of United States. Standard Time. 52. Basis of time shown by public clocks. THE MAYOR. Bonds in Municipal Suits. City Code, (1879) Art. 1, Sec. 3. City Code, (1893) Art. 1, Sec. 3. 1 . Incase of litigation in which the interests of the Authority to Mayor and City Council of Baltimore are concerned, the Slf bon^s; Mayor is authorized to execute in association with any other suitable person or persons, corporation or corpora- tions, he may procure, appeal bonds, injunction bonds, securityships for costs or other legal obligations, which may be necessary for the due prosecution of the interests of the municipal corporation in such cases before the 572 MAYOR AND CITY COUNCIL — ORDINANCES. [aRT. 1 . Indemni6ca- tion of sureties. Mayor to exe- cute deeds. Proviso. Mayor to exe- cute or cause to be execut- ed, renewal leases. Proviso. Use of signs o bill-boards ii “Burnt Dis- trict” to ren- der deeds of Burnt Dis- trict Com- misson void. courts ; and the faith of the corporation is pledged for the due indemnification of the party or parties who may make such engagements or obligations on its behalf. Mayor v. B. & O. R. R., Co. 21 Md. 52. Deeds and Leases. Ord. 7, February 20, 1879. City Code, (1893) Art. 1, Sec. 4. 2 . The Mayor is authorized to execute deeds of con- veyance or assignments of all real or leasehold property, belonging to or which may have belonged to the City of Baltimore, the sale of which has been authorized, or that may hereafter be authorized, by any ordinance or resolution of the Mayor and City Council of Baltimore ; provided, that where the provisions of section 13 of the City Charter are applicable, the deeds and conveyances in such cases shall conform therewith. Ord. 76A, May 18, 1886. City Code, (1893) Art. 1, Sec. 5. 3 . The Mayor, for and in the name of the Mayor and City Council of Baltimore, is authorized and directed to execute renewal leases in lieu of those leases wherein the original term of ninety-nine years or less has expired, and in which the fee simple or leasehold interest is vested in the Mayor and City Council of Baltimore ; provided said renewal leases and sub-leases are in proper legal form and are approved as provided by section 13 of the City Charter, when the provisions of said section are applicable. Ord. 184, December 27, 1904. 4 . In all cases where the Burnt District Commission shall sell the residue of any lot, of which a part shall be taken to effect the objects confided to the Commission by chapter 87 of the Acts of 1904 of the General Assembly of Maryland, commonly known as the “Burnt District Com- mission Act, ^ ’ the advertisement of the sale thereof shall contain an announcement to the effect that the property is ART. 1.] mayor’s secretary— ordinances. 573 sold, and the deed thereof a clause to the effect that the property is deeded subject to a strict condition binding upon the purchaser, his heirs and assigns, that the deed shall be null and void in case the said property, or any part or parts thereof, shall ever be used for a sign-board, bill- board or other similar purpose. City^s Claims, Res. 20, February 28, 1879. City Code, (1893) Art 1, Sec. 6. 5. The Mayor is authorized, upon the presentation toMayo^rtoem- him of satisfactory evidence of the existence of any just neys to pros- and valid claim on the part of the corporation, against the government of the United States, and which said claim it is in his judgment judicious to prosecute, to employ for that purpose the services of one or more agents, or attorney or attorneys, and to agree with such agent or agents for his or their compensation ; provided the same shall in every case be entirely contingent upon the recovery of the money. Mayor's Secretary, Ord. 21, March 21, 1882. City Code, (1893) Art. 1, Sec. 7. 6. There shall be appointed by the Mayor, pursuant to the authority conferred by section 20, of the City Charter, an officer who shall be styled the Mayor ^s Secretary, who Mayor’s shall perform such duties, consistent with the character of the office, as the Mayor shall direct ; he shall attend at the Mayor's office from 9 o'clock, A. M. to 3 o'clock, P. M. ; and at such other times as the Mayor may require his ser- vices ; he shall receive as a salary for his services the sum salary, of twenty-three hundred dollars per annum. - Mayor's Clerk, City Code, (1879) Art. 1, Sec. 5. City Code, (1893) Art. 1, Sec. 8. Ord. 45, December 21, 1905, Sec. 2. 7 . There shall be appointed by the Mayor on the Tuesday next after the third Monday of May succeeding his elec- 574 MAYOR AND CITY COUNCIR— ORDINANCES. [arT. 1. Duties. Salary. Appointment. Duties. Salary. Appointment. Duties. Salary. Terms of em- ployment of clerk, etc. tion, or as soon thereafter as practicable, a clerk, whose duty it shall be to attend at the office of the Mayor during office hours, and to perform such duties as he may pre- scribe ; and the said clerk shall also act as secretary to the Mayor during the absence of the secretary, keep a record of all ordinances and resolutions presented to the Mayor and signed by him and also of all permits for various pur- poses which may be issued from the Mayor’s office. He shall receive as a salary for his services the sum of fifteen hundred dollars per annum. Mayor^s Messenger. City Code, (1879J Art. 10, Sec. 2. City Code, (1893) Art. 10, Sec. 2. Ord. 45, December 21, 1905, Sec. 3. 8. There shall be appointed by the Mayor on the Tues- day next after the third Monday of May succeeding his election, or as soon thereafter as practicable, a messenger, whose duty it shall be to attend at the office of the Mayor during office hours, deliver messages and perform such other services as the Mayor may prescribe. He shall receive as a salary for his services the sum of twelve hun- dred dollars per annum. Mayor^s Stenographer. Ord. 45, December 21, 1905, Sec. 3, (8-B). 9 . There shall be appointed by the Mayor on the Tues- day next after the third Monday of May succeeding his election, or as soon thereafter as practicable, a stenogra- pher, whose duty it shall be to attend at the office of the Mayor during office hours and perform such duties as he shall prescribe. He shall receive as a salary for his services the sum of one thousand dollars. Ord. 45, December 21, 1905, Sec. 3, (8-C). 10 . The terms of employment of the clerk, messenger and stenographer mentioned in the three next preceding ART. 1 .]. REVOCATION OF PERMITS — ORDINANCES. 575 sections of this article shall be co-incident with the term of office of the Mayor by whom they are appointed, and they shall be removable at his pleasure. City Code, (1879) Art. 1, Sec. 6. City Code, (1893) Art. 1, Sec. 9. 11. No one of the aforegoing officers shall absent him- Not to be ab- . . « , , sent without self from duty without the permission of the Mayor. Mayor’s per- Manslaughter, Murder and Other Crimes. City Code, (1879) Art. 38, Sec. 1. City Code, (1893) Art. 38, Sec. 1. 12 . The Mayor is hereby authorized and directed to Regard for issue his proclamation, offering a reward of such an amount as he may deem proper, for the discovery, arrest gf and conviction, in any of the courts, of any person who kin, arson ’ 1 incendia- may be suspected or charged with the crime of murder, rism. manslaughter, assault with intent to kill, or arson, com- mitted within the city, with setting fire to any building, lumber yard or ship yard in the city, or with having destroyed, injured or defaced any engine, hose, hose car- riage or other apparatus or property belonging to the fire department of the City, whenever he shall have knowledge of the commission of any of said crimes or receive informa- tion thereof from any respectable person or persons. Revocation of Permits. City Code, (1879) Art. 7, Sec. 30. City Code, (1893) Art. 7, Sec. 100. 13 . All permits granted for the erection of telegraph certain per- and other poles, sign-posts, signs, awning flaps, figures vocable, and other structures, may be revoked, and the same shall be removed after sixty days, notice by the Mayor ; any person or persons or corporation refusing or neglecting to conform to the requirements of this section, upon receiving Note. — For decisions relative to revocation of permits and in relation to permits generally, see, Mayor, &c. v. Radecke, 49 Md. 217. Hooper V. City Pass’r Ry. Co., 85 Md. 509. C. & P. Tel. Co. v. Baltimore, 89 Md. 689. 576 MAYOR AND CITY COUNCIL — ORDINANCES. [arT. 1. Penalty for absence. Fines how col- lected. Absence dur- ing session. the notice provided for herein, shall pay a fine not exceed- ing one hundred dollars, and a further fine not exceeding fifty dollars for every day such refusal or neglect shall continue from the first. CITY COUNCIL. Members, City Code (1879) Art. 1, Sec. 7. City Code (1893) Art. 1, Sec. 10. 14. If any member of the City Council shall neglect to appear at the hour of meeting in the branch of which he is a member, or shall, after appearance, absent himself before the hour of adjournment, without leave first obtain- ed of the president of the branch of which he is a member, such person shall forfeit and pay a sum not exceeding two dollars for each offence, unless he is excused by the branch of which he is a member. City Code, (1879) Art. 1, Sec. 8. City Code, (1893) Art. 1, Sec. 11. 15. The fines and forfeitures incurred under the next preceding section of this Article shall be deducted out of any allowance due to the member incurring the same; and if such member shall not have due to him a sum sufficient to discharge and pay the fines and forfeitures incurred as aforesaid, the balance or sum remaining due shall and may be collected in the same manner as other fines and for- feitures are and may be collected. City Code, (1879) Art. 1, Sec. 9. City Code, (1893) Art. 1, Sec. 12. 16. If any member shall not attend during the session of the City Council, he shall transmit to the president of the branch of which he is a member a satisfactory excuse, in writing, during the session, or he may be fined in the discretion of his branch, not exceeding two dollars a day for each day he shall so absent himself. ART. 1.] CLERKS OF CITY COUNCIL — ORDINANCES. 577 City Code, (1879) Art. 1, Sec. 10. City Code, (1893) Art. 1, Sec. 13. 17. Neither branch shall adjourn, without the consent Adjournment, of the other, for a longer time than one day during the session. City Code, (1879) Art. 1, Sec. 12. City Code, (1893) Art. 1, Sec. 15. 18. It shall not be lawful for any member of the City Members not to Council to be appointed or to accept appointment to any office°oflmoi- ofhce or employment under the corporation during the term corporation, for which he was elected as a member of the City Council. Clerks of City Council. City Code, (1879) Art. 1, Sec. 13. City Code, (1893) Art. 1, Sec. 16. 19. It shall be the duty of each of the chief clerks the City Council, within thirty days after each and every session, to deliver, in person, to the City Register, the journal of his respective branch of the City Council; also journals, pe- all petitions, memorials, messages, reports and communi- sages and cations of every description, which may have been received delivered to during the session, and which may be in his possession at the close thereof; and the City Register is hereby directed to withold from said clerk or clerks, one half of the amount when clerks to or amounts which may be due him or them, until he or they Register, shall have performed all the duties hereinbefore prescribed. City Code, (1879) Art. 1, Sec. 14. City Code, (1893) Art. 1, Sec. 17. 20. The said clerks shall, before they deliver the papers chief derk to aforesaid, endorse each and every one in a proper manner, SpSf and file them in separate bundles. City Code, (1879) Art. 1, Sec. 15. City Code, (1893) Art. 1, Sec. 18. 21. It shall be their duty when directed so to do by the joint standing committee on printing to furnish to the public printer the proceedings of each branch, together with all petitions, memorials, communications, messages, to reports of committees, and such other documents as shall be directed to be printed. 578 MAYOR AND CITY COUNCID — ORDINANCES. [arT. 1. City Code, (1879) Art. 1, Sec. 17. City Code, (1893) Art. 1, Sec. 20. Clerks to re- 22 . It shall be the duty of each of the chief clerks of pubHc Print- the City Council to receive from the Public Printer a copy Journal on of the joumal of each day's proceedings of the branch of Paper. which he is clerk, printed as required by section 6 of Article 29 of this Code, which copy when revised, shall be ^°o City rSFs^- signed by the respective clerk and president of said branch, and shall be, by said clerks respectively delivered to the Preserved in Register, by whom the same shall be bound in a sub- city library, stantial manner and preserved in the city library ; which Evidence Certified journals shall be evidence of the proceedings of the respective branches of the City Council. City Code, (1879) Art. 1, Sec. 18. City Code, (1893) Art. 1, Sec. 21. 23 . The clerk of each branch of the City Council, in en- Engrossing grossing the ordinances and resolutions passed by the City Council, shall cause the same to be done on paper of good quality and uniform size, each sheet with an inner margin of at least two inches in width, the better to permit the same to be bound as provided for in the next succeeding section. Ordinances and Resolutions.. City Code, (1879) Art. 1, Sec. 19. City Code, (1893) Art. 1, Sec. 22. 24 . The City Register shall cause the orginal engrossed g?orsed?r- copies of the ordinances and resolutions, passed by the dinances. Council to be Suitably bound in a volume, labelled with the year or years of the several sessions during which the same were passed, and properly paged and sup- plied with an index of the full title of each of said ordi- nances and resolutions. City Code, (1879) Art. 1, Sec. 20. City Code, (1893) Art. 1, Sec. 23. City Register 25 . It shall be the duty of the City Register, immedi- of ordina^cSately after the approval of any ordinance or resolution of depSments. the City Council, affecting any of the departments of the City government, either by ordering them to do certain ART. l] ORDINANCES AND RESOEUTIONS— ORDINANCES. 579 work or otherwise, to send a copy of such ordinance or resolution to the head of department so alluded to. City Code, (1879) Art. 1, Sec. 21. City Code, (1893) Art. 1, Sec. 24. 26. The City Librarian shall annually furnish to State Library two copies, and to the Library Company of &c.^?oftate the Baltimore Bar, two copies of the ordinances and jour-^ library, &c. nals for each year, and to the Peabody Institute of the ordinances. City of Baltimore, one copy of the ordinances, journals, JntfoPea- reports and other publications of the City for each year. City Code, (1879) Art. 1, Sec. 22. City Code, (1893) Art. 1, Sec. 25. 27. It shall be the duty of the City Register to cause ^"rdfnaiS?^ all the ordinances and resolutions of the City, of a public &c., in news- or general nature, to be published in such and so many newspapers, (one of which shall be the German newspaper of the city having the largest circulation) as he may deem best calculated to give general information to the citizens; provided that no higher rate or charge be allowed for pub- lication in the German newspaper than shall be charged for printing the same ordinances and resolutions in the newspapers printed in the English language, and it shall be his duty carefully to examine the proof sheets of the Register to ex- ordinances and resolutions, as they are printed by the Public Printer in book form, which books shall be deposited in the City library. City Code, (1879) Art. 1, Sec. 23. City Code, (1893) Art. 1, Sec. 26. 28. The City Register is hereby directed, on the certifi- cate of the Comptroller, with the approbation of the Mayor, to pay to the publishers of such papers as may be ^pubHshlrs to designated for that purpose all bills for public or corpora- tion printing which may be required by ordinance, or which shall be ordered by any of the corporate authorities of the City; provided that all the bills aforesaid shall be certified by the several parties presenting them, to be charged at the usual customary prices charged for such 580 MAYOR AND CITY COUNCIL— ORDINANCES. [aRT. 1. be deducted work, from which the City Register shall deduct twenty- five per centum upon the payment thereof. City Code, (1879) Art. 1, Sec. 24. City Code, (1893) Art. 1, Sec. 27. 29 . It shall be the duty of the reading clerk of the First Branch of the City Council, under the direction of the ing clerk of chief clerk, with the approval of the president of the First First Branch, to engross all ordinances and resolutions passed by the City Council which originate in the First Branch; to have all petitions, memorials, messages, reports and communications, properly endorsed, ready for the signature of the chief clerk; to write all messages from the First to the Second Branch, and to prepare all communications rendered necessary by order or resolution of the Branch, ready for the signature of the chief clerk; to convey all messages from the First to the Second Branch, and to perform all such other duties as may be required of him by the Council in connection with their business, except the preparation of the manuscript journal for the Public Printer, and the recording of the approved proceedings in Proviso. the regular journal of the session; provided, however, that in case of the absence from sickness or other cause of the chief clerk, he shall perform said duties also. Ord. 11, October 6, 1905. Certificates to 30 . Evory Ordinance or resolution of the Mayor and to ordiSn?es City Council of Baltimore when delivered by the clerk of S^°of simT the Branch of the City Council in which the same by toe derk"^ originated, to the Mayor for his approval duly authenti- inwhicr”''^cated as required by the provisions of section 23 of the same origin- Charter, shall be accompanied by a certificate showing the date of introduction and the date of each and every reading in both Branches, and if referred to the Board of Public Improvements or Board of Estimates, the date of such reference and the date of its return to the Council by either or both of said boards, and in case the ordinance be one requiring publication as prescribed by the provisions of section 90 of Article 35 of this code, or as required by ART. 1. j DIARY OF CITY COUNCIL — ORDINANCKS. 581 the provisions of section 821 or section 828 of the City Charter, the said certificate of the clerk shall be accompanied by a certificate from the publisher of each of the news- papers in which publication was made, stating the number of times and the dates whereon the notice prescribed as aforesaid was published in his paper, which certificate shall have pasted thereon a printed copy of the notice so published. City Code, (1879) Art. 1, Sec. 26. City Code, (1893) Art. 1, Sec. 29. 31. The Clerk of the Second Branch is constituted the cierk to the chief clerk of the two Branches when in convention, and in convention as such, shall immediately after the adjournment of a convention, notify the Mayor of the action of said conven- tion. Claims Before Council. City Code. (1879) Art. 1, Sec. 29. City Code, (1893) Art. 1, Sec. 32. 32. No claim shall be considered by the Council after imitation on the period of limitation has elapsed by which under the laws of the State of Maryland such claim would be barred. Diary of City Council. Ord. 56, April 27, 1881. City Code, (1893) Art. 1, Sec. 33. 33. Except so far as regulated by the City Charter, the City Council shall have the control of all matters of expenditure which relate to the business operation or diary of the City Council, embracing the salaries of its officers, control of printing for the body, necessary expenses of its standing penditurS.' and special committees, stationery, appointments of the Council chambers and committee rooms, funeral expenses and such other expenses as may be proper for and neces- sary to the discharge of its functions. 582 MAYOR AND CITY COUNCIL — ORDINANCES. [aRT. 1.. To be paid out when duly authorized. Bills to be re- ferred to com- mittee on claims. When officers to make re- ports and returns. Officials not to be interested in city con- tracts. Ord. 56, April 27, 1881. City Code, (1893) Art. 1, Sec. 34. 34. None of the items of expense embraced in the next preceding section of this article shall be paid unless author- ized by resolution or resolutions of both Branches of the City Council. Ord. 56, April 27, 1881. City Code, (1893) Art. 1, Sec. 35. 35. All bills of expenses shall be presented to one or the other of the branches of the City Council, whether incurred by special or standing committees of the Council or officers of the body in virtue of section 28 of this Article, and when so presented shall be referred to the Joint Standing Committee on Claims, which committee shall re- port thereon to the City Council, and if the claim shall be approved by the latter, certified copies of the resolution of approval shall be sent to the Comptroller, which certificate will be the authority to that officer for the issuing of his warrant on the City Register for the payment of the amount of the claim so certified. CITY OFFICERS. City Code, (1879) Art. 1, Sec. 33. City Code, (1893) Art. 1, Sec. 37. 36. All departments, sub-departments and municipal officers not included in any department, now making annual reports to the Mayor and City Council of Baltimore, shall make such reports as soon after the thirty-first day of December in each year as practicable. Ord. 94, May 20, 1890. City Code, (1893) Art. 1, Sec. 48. 37. It shall not be lawful for any person sustaining any official relation or relation of employment to the Mayor and City Council of Baltimore, to be concerned directly or indirectly in the purchase of any debt due from the cor- poration or of any claim upon the same, or to be interested in any manner, on his own personal account, in work done for or supplies furnished to, the city, or to receive on his own personal account or any account except that of the city. ART. 1 .] BONDS— ORDINANCES . 583 any percentage or sum on any purchases or contracts made by or entered into by, the city, and any such person offending herein or violating in any manner, the provisions of Section 5 of Article XI of the Constitution of Maryland, (which declares that it shall not be lawful for any person holding any office under the city to be interested while holding such office in any contract to which the city is a party) shall for each and every offense be fined in a sum penalty, not exceeding five hundred dollars. Bonds. City Code, (1879) Art. 1, Secs. 45, 46. City Code, (1893) Art. 1, Secs. 50, 51. 38. The several municipal officials, officers, employes and agents who are not entitled to compensation for their services, or whose compensation shall not exceed two hundred dollars ($200) per annum ; unless otherwise pro- vided by laws or ordinances, shall not be required to give bond for the faithful performance of their duties, unless the Mayor shall think it expedient to require the same. City Code, (1879) Art. 1, Sec. 44. City Code, (1893) Art. 1, Sec. 49. 39. All municipal officials, officers, employes and agents, ^ Mayor in who are required by law or ordinance to give bond for the bonds for faithful performance of their respective duties, shall give provision is bond with such security, as the Mayor may approve, and in such penal sums as the Mayor may direct, except where a different provision is made for the case by law or ordinance. Note. — As to suits on bonds given to Mayor and City Council of Baltimore, see, McMechin v. Mayor, 2 H. & J. 41 and notes. In this connection, see also, Murdoch v. Strange, 99 Md. 89. See note to Sec. 10, Art 6, City Code, (1879). 584 MAYOR AND CITY COUNCIL — ORDINANCES. [arT. 1. Not to be granted to officers or agents. Nor to City- contractors. When to be paid. Extra Compensation. City Code, (1879) Art. 1, Sec. 47. City Code, (1893) Art. 1, Sec. 52. 40 . No extra compensation shall be granted or allowed by the Mayor and City Council of Baltimore to any official, officer, employe, agent or servant of the corporation, or of any other corporation, the expenses of which are borne in whole or in part by the City, after the services have been rendered, nor shall the salary or compensation of any of said officials, employes, agents or servants be increased or diminished during the term for which they may be or may have been elected, appointed or employed ; provided, that should an increase of duties be required by any subsequent ordinance or resolution of the Mayor and City Council of Baltimore, an extra compensation in the propor- tion of such increase of duties to the services originally contemplated, shall be allowed in the discretion of the Mayor and City Council of Baltimore. City Code, (1879) Art. 1, Sec. 48. City Code, (1893) Art. 1, Sec. 53. 41. No extra compensation shall be granted or allowed by the Mayor and City Council of Baltimore to any con- tractor or contractors with the City, or with any corporation the expenses of which are in whole or in part borne by the City, after the contract has been entered into ; provided, that in case a contractor or contractors shall be prevented by an act of the Mayor and City Council of Baltimore, or any agent or servant thereof acting under its authority, from fulfilling his contract as agreed on, and loss is thereby sustained by him or them, such extra compensation may be allowed as will compensate him or them for said loss incurred as aforesaid. Salaries of Employes. City Code, (1879) Art. 1, Sec. 49. City Code, (1893) Art. 1, Sec. 54. Ord. 4, October 12, 1903. 42 . The salaries or wages of all persons in the service of the City, save such as are, pursuant to law, or the course of administrative practice now paid at bi-weekly or less ART. 1 .] CITY CONTRACTS — ORDINANCES. 585 than bi-weekly intervals, shall, unless otherwise provided by statute, be paid monthly in equal semi-monthly install- ments ; provided, however, that this shall not apply to teachers, or other persons in the Department of Education, whose compensation is now paid monthly in monthly install- ments. * Advertisements. City Code, (1879) Art. 1, Sec. 50. City Code, (1893) Art. 1, Sec. 55. 43 . All advertisements emanating from the different to be pub- lisned in departments of the city government shall be published m at least one German paper of the City, and in the selection of such paper they shall give preference to the paper having the largest circulation, provided the prices be the same as those charged by the other papers. CITY CONTRACTS. Specifications. Ord. 31, April 11, 1898. 44 . In all specifications for contracts hereinafter made or entered into by the Mayor and City Council of Baltimore, for the construction of any public works or improvements of any kind whatsoever, there shall be inserted a stipu- lation that such work so contracted for, shall not be sub- *Note. — Funds in the hands of an official of the City of Baltimore due by the city for the salaries of city employes are not, on grounds of pub- lic policy and convenience, liable to be attached by the creditors of such employes. Municipal corporations are parts of the State Government, exercising delegated political powers for public purposes, and the rule exempting funds in the hands of one State officer due another, from attachment, applies equally to the officers of such corporations : Mayor, &c. V. Root, 8 Md. 100. Anderson, garn. v. Graff, 41 Md. 607. The same rule applies to the case of a police officer who had salary due him in the hands of a captain of police, acting as a disbursing agent; an attachment laid in the captain’s hands on a judgment against said police officer, would not bind such salary: see, Yeager Zimmerman, opinion of Brown, C. J., City Court, November 12, 1875. 586 MAYOR AND CITY COUNCIL — ORDINANCES. [arT. 1. Sub-contract- ors must be named in original bid. Bond to con- tain stipula- tion to indemnify City in cases of infringe- ment of patents for materials, etc., or negli- gence by contractors. Contractors to produce vouchers of settlement for labor and materials furnished. Contractors to day laborers weekly. contracted except to the persons named, if any, in the original bid for such work when opened. * Ord. 52, May 23, 1879. City Code, (1893) Art. 1, Sec. 59. 45. Hereafter, in all cases where any bond shall be taken from any contractor for the execution of any work for the Mayor and City Council of Baltimore, there shall be inserted in said bond, and as one of the conditions thereof, an express stipulation on the part of such contractor that he will defend, indemnify and save harmless the Mayor and City Council of Baltimore against any claim due to using any form of material, process, composition, method of manufacture, machinery or thing, which is patented, or claimed to be patented, againt any suit or suits, loss, damage or expense, to which the said Mayor and City Council of Baltimore may be subjected by reason of any default or negligence, want of skill or care, on the part of such contractor, his agents or employees, or any sub-contractor, in or about the performance and execution of said work. Ord. 25, April 4, 1898. 46. In all specifications for contracts hereafter made for the construction of city buildings, there shall be inserted a clause providing that the contractor or contractors with the City shall, at the time of tendering delivery of the completed building, also produce vouchers showing settle- ment in full by him or them with all persons or corporations who have furnished labor and materials used in the con- struction of said building. Res. 242, October 22, 1880. Res. 15, February 16, 1885. City Code, (1893) Art. 1. Sec. 61. 47. In all specifications for contracts between the City and contractors for the performance of any public work for the City of Baltimore, there shall be inserted a clause *Notr. — For cases arising out of city contracts, see^ under sections 14 and 15, City Charter, ante. ART. 1 .] RECORDS OF CITY — ORDINANCES. 587 compelling each contractor to pay all mechanics or labor- ing hands employed by the day, once each week ; and for the failure to comply by said contractors, the said day hands may file their bill, under oath, with the proper de- partment, for the number of days so employed, not to exceed one week ; and it shall be the duty of said depart- ment to pay said day hands, and charge the same to the contractor or contractors, and deduct the same from any money that may be due the said contractor or contractors, tractor. RECORDS OF THE CITY. City Code (1879) Art. 1, Sec. 55. City Code (1893) Art. 1, Sec. 62. 48 . It shall be the duty of all city municipal officials, officers and agencies, carefully to file and keep all public Public paper papers whatever, belonging to the City, which are now in corded^ filed or may hereafter come into their respective offices, and served which appertain to the same ; and it shall not be lawful for the City Register to permit any paper or record in his office to be taken therefrom, by any person or persons whomsoever, unless the same be demanded by a court of justice of this State, or of the United States, or by either branch of the City Council, but every person wanting the information contained in such papers or the record thereof when recorded, shall be entitled to a copy of the same ; and it shall be the duty of the City Register to furnish such copies when applied for, and the City Register shall charge and receive therefor the sum of fifteen cents for every sheet of copy containing one hundred words, and so, pro rata ; for every search, and for every certificate to a copy, twenty-five cents, which fees or charges shall be paid into the treasury of the City. City Code (1879) Art. 1. Sec. 57. City Code (1893) Art. 1, Sec. 64. 49 . The Comptroller shall keep a well bound record comptroller to book, and have therein recorded all deeds and leases made ofcSn^S- ^ to the City, or sufficient extracts from such deeds and leases as will fully explain the same ; and also all contracts and agreements made in relation to the property of the 588 MAYOR AND CITY COUNCIL — ORDINANCES. [aRT. 1. ^ City ; the records in said record book to be written on every other page, so that the page opposite the record may be left blank for any remarks that may be necessary to be made in regard to the disposition of said property. The said record book shall also have an alphabetical index made for more easy reference to said deeds, leases, contracts and agreements. SEAL. City Code, (1879) Art. 1, Sec. 58. City Code, (1893) Art. 1, Sec. 65. Represent^ation 5Q. The Seal heretofore provided and used, the impres- Monument. gion on which is a representation of the Battle Monument, is hereby established and declared to have been and now to be the seal of the Mayor and City Council of Baltimore. City Code, (1879) Art. 1, Sec. 59. City Code, (1893) Art. 1, Sec. 66. Certificate of 51. It shall be the duty of the City Register in cases where his certificate under seal shall be required to be used Tn case US evideuce in the claims of soldiers and seamen in the soldiers and United States service, or in the claims of the widows or Sited” ° heirs of such as may have died, or may hereafter die in said service, to furnish such certificates without any charge whatever. STANDARD TIME. Res. 7, December 24, 1883. City Code, (1893) Art. 1, Sec. 67. How regulated. 52. At noon on November 18, 1883, and thereafter, all time in the City of . Baltimore shall conform to the new standard, based upon the time of the seventy-fifth meri- dian, and all time shown by the public clocks shall agree therewith. ART. 2 .] AUCTIONS — ORDINANCES . 589 ARTICLE II. AUCTIONS. 1. City Register’s Annual Account to State Comptroller of dis- bursements of funds from Auc- tions. 2. Auction on streets prohibited, permit from Mayor. City Code, (1879) Art. 6, Sec. 1. City Code, (1893) Art. 6, Sec. 1. 1 . The City Register shall, on or before the fifteenth cRy^^egister’s day of September in each and every year, furnish to the Comptroller of the State a fair and distinct account of the comptroller .of disburse- disbursements in relation to the deepening and improve- ment of the channel in Chesapeake Bay and Patapsco auctions, river and the harbor of the city of Baltimore. City Code, (1879) Art. 6, Sec. 2. City Code, (1893) Art. 6, Sec. 2. 2. It shall not be lawful to expose or offer for sale at Auction on public auction or otherwise, any goods, wares or merchan- pSibited. dise on any of the public streets, lanes or alleys in the city, unless permission be first obtained from the Mayor, under a penalty of twenty dollars for each and every offence ; and the Mayor is hereby authorized to grant a permit to make sales of goods, wares and merchandise at public ^M“yo?°“ auction or otherwise on any of the streets, lanes or alleys in the city, when in his opinion and judgment such per- mission will not interfere with the free travel and use thereof, and will not be in any respect injurious to the city or inhabitants thereof. All fines imposed for the violation of any of the provisions of this section shall be recovered as other fines imposed by ordinance are recover- able, and when collected shall be paid to the Comptroller. 590 BUII.DINGS — ORDINANCES . [art. 3. ARTICLE III. BUILDINGS. ORDINANCES. Inspector of Buildings. Subordinates. 1. Their appointment and salaries. Appeals. 2. Appeals from orders of Inspec- tor of Buildings ; deposit to cover costs of appeal ; examin- ing commission to determine point at issue ; compensation of such commission. Contracts. 3. Inspector of Buildings to super- vise and approve work of con- tractors in city work. Limits within which this Article operates. 4. Restricting erection of buildings in city limits ; boundaries de- fined ; where frame structures permitted ; proviso as to frame structures. Permits for Buildmg. 5. Permit of Inspector of Buildings required ; application for per- mit ; work to be done must be in accordance with building regulations ; Inspector to issue permit and stamp drawings ; permits issued contingent on written consent of property owners to become record of office of Inspector of Buildings ; proviso as to permits issued by Appeal Tax Court. Plans and Specifications. 6. True copies of, to be furnished and remain on file until work completed ; what plans to be permanent records, 7. Unlawful to alter plans after being stamped by Inspector of Buildings ; his assent required to alteration in plans. Gutters and Spouting. 8. Property owners required to pro- vide gutters and spouting and keep same in repair ; penalty for neglect. Inspection of Market Houses. 9. Inspector of Buildings to make annual inspection, and report to City Council repairs requir- required. Repairs to City Buildings. 10. Inspector of Buildings to direct and control same. Alterations and Repairs. 11. Alteration of structures outside building line ; approval of Board of Estimates, and per- mit from Inspector of Build- ings required. 12. No existing structures to be en- larged, raised, altered or built except as provided in this Article. ART. 3 .] BUILDING — ORDIN AN CBS . 591 Balconies, Piazzas, Porches, Bay and Oriel Windows and Bath Rooms. 13. Permit for balcony, piazza, porch or platform of wood ; fee for same ; dimensions and specifications; proviso as to frame sheds. 14. Bathrooms required in dwell- ings ; specifications for con- struction ; permit ; fee for permit. 15. Oriel windows ; permit requir- ed for erection or alteration ; specifications. 16. Penalty. 17. Permits for bow- windows ; re- quirements for issue. 18. Penalty for failure to procure permit or exceeding permit. 19. Approval of Board of Esti- mates and certificate of Comp- troller. Cellars, Etc. 20. Definition of word cellar. 21. Ventilation and specifications. 22. Dwellings on low, damp or made ground. Chimneys, Flues and Heating Apparatus. 23. Specifications for, in stone or brick walls. 24. Flues to be smooth on inside on completion, 25. Specifications for flues for heat- ed air. 26. Woodwork against flues; re- quirements for same. 27. Chimneys and smoke flues ; specifications. 28. Specifications for hearths and chimneys. 29. Smoke flues through partitions and into chimneys or flues, 30. Furnace smoke pipes ; protec- tion of joists above pipes. 31. School buildings to be fire- proof ; heating apparatus in schools. 32. Fire protection over furnaces. 33. Specifications for hot-air regis- ters. 34. Gas, water and other pipes in joists. 35. Requirements for wooden joists or girders. 36. Restrictions on erection of stoves in wooden buildings ; penalty for neglect to obtain permit. Inspections of Hot Air Furnaces and Heating Apparatus. 37. When Inspector of Buildings may enter building and in- spect furnace ; may require furnace to be repaired or con- demn same. 38. Permit necessary before heat- ing apparatus is installed; penalty for neglect to procure permit ; permit to be returned to Inspector of Buildings. 39. Penalty for refusal to permit inspection. 40. Penalty for refusal to repair furnace or remove same when condemned. 41. Penalty for failure or refusal to return permit. 42. Penalty for use of other than iron ash boxes in buildings. 592 BUILDINGS— ORDINANCES . [art. 3. 43. Use of annoying and dangerous chimneys prohibited; Inspec- tor of Buildings may cause same to be altered or improv- ed ; penalty for failure to so alter or improve. Electrical Installation and Wiring. 44. Use of electrical current must be in accordance with pro- visions of this sub-division. 45. Wiring permits must be obtain- ed ; requirements for applica- tion for same ; work done in emergency without permit must be reported to Inspector of Buildings. 46. Inspector of Buildings to care- fully inspect wiring, etc.; power to remove laths, etc., in making inspection. 47. To inspect wires and apparatus on highways and in any build- ings in city ; to cause defec- tive apparatus to be remedied; may cause current to be cut off ; may cut wires. 48. Certificate of inspection ; in- stallation to be described in certificate ; certificate for new work; no current to be turned into new work until certificate had. 49. Dead or unused wires to be re- moved by owners ; on failure of owner to remove. Inspec- tor may do so at expense of owner. 50. Penalty for violations of pro- visions of this sub-division. 51. Penalty for interference with inspection. 52. Qualifications of electrical in- spectors. 53. Inspection by city not to release owners of electrical apparatus from liability for defective equipment, etc. 54. Plants w-hich Inspector of Buildings may exempt from operation of these provisions; certificate of exemption; ma}' be revoked. Elevators. Permit arid Certificate . 55. Permit required before com- mencing installation of eleva- tor ; same to be returned to Inspector of Buildings ; to be subject to inspection during construction ; when properly completed certificate to issue ; same to be posted in or about elevator. Register of Elevators. 56. Owners of elevators already constructed to report their location, etc.; register of elevators to be kept in office of Inspector of Buildings; after inspection of such elevators said Inspector to issue certifi- cate ; elevator must be in safe condition before certificate had. Inspection. 57. All elevators to be under super- vision of Inspector of Build- ings; said Inspectorto appoint elevator inspectors ; inspec- tors to make reports ; inspec- tors may order repairs ; pen- alty for failure to repair dan- gerous elevators. Ctassification. 58. To what styles of elevators this sub-division|to apply. ART. 3 .] BUILDINGS — ORDINANCES . 593 Ca7'ryhig Capacity^ etc. 59. Regulations for first class ; second class; combination class ; automatic class. 60. Clearances required for differ- ent speeds ; exceptions as to hand-power elevators ; count- erweights. Enclosures a?id Cars. 61. First class or non-fireproof en- closures ; second class or fire- proof ; specifications ; trap- doors. 62. Requirements for enclosures of second class ; doors of passen- ger elevators; door fastenings; doors of freight elevators ; framed and enclosed cars for passenger elevators. StahuLiay around Elevator. 63. Stairway and elevator shaft to to be separated by fireproof material . Overhead Grating. 64. To prevent sheaves, etc., from falling. Safety Appliances^ Etc. 65. To prevent accident if cable should break ; speed gover- nor , sidewalk guard. Machinery. 66. Safety specification for machin- ery. Repairs to Elevators. 67. Permit for repairs ; emergency repairs. Operation of Elevators. 68. Elevator operators ; age limit ; proviso as to private elevators. Storage of Materials. 69. Materials which must not be stored in elevator shafts. Signs. 70. Notices of safe weights, etc., to be of uniform size. Drawmgs a7id Models. 71. Drawings or models to be sub- mitted when required. Miscella?teous Elevators. 72. Elevators not herein provided for. A ppeal. 73. By whom and when appeals may be made. Peiialties. 74. Penalties for violations of pro- visions of this sub-division of this article. Fences. 75. Compensation of owner for use of division fence by others. 76. Permit required for fences and sign boards larger than six feet square. 77. Height of advertising fences limited. 78. Penalty for violation of pro- visions of this sub-division of this article. Fire Regulations. 79. When fire-proof doors required. 80. To be put on inside if impracti- cable to put on outside ; man- ner of hanging. 81. Metal frame sash glazed with wired glass may be substitut- ed for fire-doors or shutters. Fire Proof Materials Required in Certain Buildmgs. 82. Hotel, office building, work- shop, etc., floors to be fire- proof ; fire-proof partitions and stairways. 594 BUILDINGS — ORDINANCES . [art. 3. Fire Escapes and Alarms. 83. Required in buildings over two stories in height when occu- pied for ceitain uses; fire- escapes to be kept in repair and not obstructed. Precautions in Case of Fire. 84. Arrangement of halls, stair- ways, aisles, etc., in buildings of public character, to facili- tate egress. 85. Board of Fire Comission ers to approve and inspect fire es- capes. Spark Catchers. 86. Spark catchers to be provided on stacks of bakeries, steam engines, etc.; penalty for non-compliance. Frame Sheds and Wooden Buildings. 87. Permits for sheds; fees for same ; sheds not to be lathed and plastered. 88. Restrictions on erection of sheds ; application for permit to be advertised. 89. Fire protection of sheds. 90. When sheds shall not be used as stables. 91. When frame buildings may be lathed and plastered. Wooden and Frame Buildings Damaged by Fire. 92. When damaged buildings may be rebuilt ; when may not be rebuilt ; appeal from decision of Inspector of Buildings. Height of Buildings, Stories and Walls. 93. Height, how computed. Height of Walls. Limiting Height of Buildings. 94. Height of non-fireproof build- ings limited. 95. Definition of fire-proof con- struction. 96. Limit of extreme height of any character of building. 97. Inspector of Buildings to have authority to determine whether construction is fire- proof. 98. Increasing height of existing buildings. 99. Permits for temporary sheds for mechanics. 100. Permit for lowering, raising and removal of buildings. Height of Stories. 101. Heights limited for given thickness of wall. Encroachments. 102. To be removed by owner on notice from Inspector of Buildings. Iron and Steel Construction. Columns., Piers, Pillars and Posts. 103. Fireproof protection for iron or steel columns ; protection for girders supporting en- closure walls ; specifications for iron and steel construc- tion ; diameter and thickness of cast-iron columns ; core of columns ; blow-holes or imperfections ; double col- umns to meet exigencies. 104. Plates, flanges, rivets, splices, stiffeners, etc.; bolts for beams used in pairs. Lintels. 105. Lintel bearings. ART. 3 .] BUILDINGS — ORDINANCES . 595 Floor and Roof Beams. 106. Spscifications for same. 107. Trimmer beams, headers and tail beams ; framed beams. Rivets and Riveting. 108. Distance of rivet holes from edge of material ; pitch of rivets ; rivet holes ; gussets. Bolts. 109. Bolt connections ; specifica- tions for bolts. Trusses. 110. Determining- stresses on trus- ses ; bolting riveted trusses. 111. Pin-connected trusses ; pins and pin holes ; pin plates. Structural Iro7i and Steel. 112. Cast-iron or metal fronts; structural metal work to be cleaned ; painting ; iron or steel below water level. Loads on Floors, Weights and Strains. 113. Spacing joists. 114. Safe weights on floors to be posted in stores, warehouses and factories. Schedule of Safe Weights. 115. Minimum allowance for safe weights ; what live load to consist of; minimum live load for dwellings, hotels, etc.; office buildings, theatres, churches, etc. ; public assem- bly rooms with and without fixed seats ; stables, factor- ies, stores, etc.; sidewalks; design of floors ; traveling machinery ; reduction for buildings over five itories high ; wind pressure ; loads on roofs ; large roofs. 116. Owner of building to post maximum safe load allowed. Safes., Machinery and Weights. 117. Not to be placed without per- mit. 118. Factor of safety in computing strains. 119. Manufacturers of girders, etc. to stamp capacity thereon. Numbering Houses. 120. Irregularities and errors in numbering ; penalty for fail- ure to number or unauthor- ized numbering. Roofs, Cornices and Scuttles. Roofs. 121. Specifications for roofs ; shin- gle roofs ; metal gutters re- quired. Scuttles. 122. Exits through roofs ; ladders for same ; size of opening ; scuttles of tenement houses not to be locked. Co7'nices and Gutters. 123. Exterior cornices and gutters to be fire-proof ; metal cor- nices to balance within wall ; wooden cornices when dam- aged to be replaced with fire- proof ones. 124. Look-outs for metal cornices. Sanitary and Hygienic Regulations. Teneme7it. Lodging and Apart- 7nent Houses. 125. Ventilation of rooms in such houses ; transoms ; ventila- tor in roof. 126. Repairs and drainage of roofs. 127. Privies; privy wells; wells to be watertight. 596 BUII.DINGS— ORDINANCES. [art. 3. 128. Requirements for apartments for dwelling or sleeping ; cellars uot to be let for such use. 129. Overcrowding prohibited. Sinks and Cesspools. 130. Sinks of public schools. 131. Specifications for wells used as privies or cesspools. Wooden Buildings Below Street Level. 132. To be raised above level and underpinned with stone; penalty for neglect to raise. Sidewalks. 133. Fall or pitch of. Awnings. 134. Permit required ; fee for per- mit. Stables. 135. Erection of livery, etc., sta- bles ; consent of Mayor and City Council necessary. 136. Publication of application for permit. 137. Continuing penalty for un- authorized stables. Steam, Gas and Gasoline Engines and Machinery. 138. Inspector of Buildings to grant permits for installation of. 139. Requirements for application for permit. 140. When affidavit required with application ; form of affida- vit. 141 . Application to be published ; protests may be filed. 142. Penalty for installation of power without permit ; per- mit revocable; effect of re- vocation. 143. Penalty for failure to make affidavit when required. 144. Penalty for false affidavit. 145. Permit required for changes in power already installed. 146. Gasoline storage tanks. 147. Publication not required for application for permit for low pressure boilers. 148. Penalty for installing such boiler without permit, or changing same. 149. Fine for increasing pressure on low pressure boilers. Unsafe and Condemned Buildings. 150. Duty of Inspector of Buildings to notify owner ; penalty for disregard of notice ; appeal. 151. Duty of Inspector when notice disregarded ; Property to be made safe at expense of owner ; such expense to be lien on property ; if not paid within year to be foreclosed. 152. Inspector of Buildings to have approval of Mayor in making premises safe. 153. Immediate action in emer- gency. Vaults and Areas. 154. Permit required for construc- tion of. 155. Application for permit ; walls of vaults. 156. What to be deemed a vault or area. ART 3 .] BUILDINGS — ORDINANCES. 597 157. Entrances to cellars and base- ments, how to be covered or enclosed ; penalty for failure to protect same. 158. Precautions against accident during construction of vaults or areas. 159. Requirements for alterations and repair of cellar doors. 160. Coverings of vaults and aper- tures in footways. Walls of Buildings. Footings of Walls. 161. Specifications for base courses. Foundation and Divisioii Walls. 162. Requirements for outside or division walls. 163. Foundation walls and piers. 164. Rock to be benched when foundations on rock bottom; excavations on street-side of lots to be guarded. 165. Underpinning where excava- tion is less than ten feet deep ; when neglected by owner, to be done by Inspec- tor of Buildings at expense of owner. Party Walls. 166. Underpinning where excava- tion is more than ten feet deep ; liability for expense of underpinning. 167. Repair or removal of party walls ; expense to be borne by parties building. 168. Use of party walls ; liability of builders of new walls. 169. When builders of new walls exempt. Thickness a?id Construction of Walls. 170. Specifications for foundation walls, isolated piers, etc.; walls and footings; “walls for dwelling houses” defin- ed ; specifications for same ; thickness required for differ- ent heights of wall. Construction and thickiiess of Dwelling Walls. 171. Walls in non-fireproof dwell- ing houses ; non-bearing walls. 172. Brick partition walls. 173. Height of single-thickness walls ; use of iron or steel girders not prohibited here- by. 174. Relation of bearing walls to span. 175. Specifications for centre w'alls between dwellings. Walls of Warehouses. 176. “Walls of Warehouses,” de- fined ; thickness of wall for different heights. 177. Additional thickness of bear- ing walls for increase in clear span. Miscellaneous Walls. 178. Walls of public buildings. 179. Partition walls in warehouses and factories. Buildings without Partitio7i Walls 180. Substitutes for partition walls; area of buildings in which partition walls not required. 181. Exceptions in case of building of not over three stories. 598 BUIIvDINGS — ORDINANCES . [art. 3. Cross Walls. 182. Side Walls increased where no cross walls. 183. Reduction of interior walls. One and Two Story Structures. 184. Specifications for one-story walls. 185. Same, for two-story walls; proviso as tc minimum thick- ness. 186. Fire-walls of one and two-story buildings. 187. Brick walls in between iron or steel columns; curtain walls. 188. Party walls heretofore built; provisions herein not retro- active. Erection of Walls. 189. Safety provisions during erec- tion of walls ; exception ; walls to be bonded together ; anchoring. 190. Specifications for openings for doors and windows. Strength of Watts. 191. Masonr}^ and brick- work speci- fications ; hollow walls. 192. Recesses in walls for eleva- tors, etc. j Concrete Watts. 193. Thickness of, to depend on materials used ; Inspector of Buildings to determine thick- ness ; not to be built in freezing weather ; consent of adjoining owners to use of concrete as party walls. 194. Stone ashlers. Brick Work. 195. Specifications for brick work. 196. Bonding face bricks. Headers. 197. Where headers required ; di- mensions of headers ; bond- ing facing of walls. Joists. 198. Anchoring of joists, and walls at each tier of joists. 199. Brick arches between joists. 200. vSpecifications for framing joists; trimmers and headers to be double joists. Mortar. 201. Specifications for mortar sand and cement. 202. State and United States struct- ures excepted from provi- sions of this Article. 203. Penalty for violation of pro- visions of this Article. 204. Recovery of penalties incur- red. INSPECTOR OF BUILDINGS. Subordinates. Ord. 9, February 28, 1883. Ord. 15, March 9, 1896. Ord. 53, April 10, 1896. Ord. 26, December 29, 1899. Ord. 14, October 23, 1903. Ord. 167, December 5, 1904. Ord. 58, December 30, 1905. City Code, (1893) Art. 7, Sec. 1. 1 . The Inspector of Buildings is empowered to appoint, ind'SaKl. so far as the needs of his office, in his opinion may demand ART. 3 ] APPEARS — CONTRACTS — ORDINANCES. 599 such appointments, the following assistants, subordinates, clerks and employes, their compensation not to exceed in the aggregate the sum of forty-five thousand, four hundred and forty dollars ($45,440) per annum, one Assistant In- spector, nine District Inspectors, one Inspector and one Assistant on New City Improvements and Repairs, one Construction Engineer and two Assistants, one Furnace Inspector, one Steam Boiler and Machinery Inspector, three Electrical Inspectors, two Elevator Inspectors, one Chief Clerk, one Assistant Clerk, one Stenographer, five Permit and Notice Clerks, one Draftsman, two Gasoline Inspectors and one Extra Clerk. Appeals. Ord. 146, October 23, 1891. City Code, (1893) Art. 7. Sec. 84. 2. Should the owner or trustee of any building object ^?Ssplctor“f to any order or decision of said Inspector of Buildings on a matter left by this Article to his approval or control, they may appeal, as herein set forth, upon a deposit of thirty dollars with the Inspector of Buildings, to cover a fee of an examining commission. Interested parties shall appeal within twenty-four hours in writing to the Inspector of Buildings, who shall appoint a commission to determine the point or points at issue, which commission shall consist of two disinterested competent builders; one shall be appointed by the Inspector of Buildings and one by the party inter- ested ; these two shall appoint an umpire ; they shall be paid for their services a sum not exceeding ten dollars each ; the decision thereon in writing by these referees, or a majority of them, shall be final and conclusive. This shall in no way lessen the responsibility of parties appeal- ing for any accident that may happen during the interval. Contracts. Ord. 33, April 4, 1882. City Code, (1893) Art. 7, Sec. 99. 3. In the specifications of all contracts for the erection, alteration or repair of any public building, there shall be 600 BUILDINGS — ORDINANCES. ART. 3 .] Inspector of Buildings to supervise and approve work of contractors. Restricting erection of certain buildings in city limits. Boundaries defined. Where frame structures permitted. inserted a stipulation that the work to be done thereunder, shall be subject to the supervision and approval of the Inspector of Buildings. Limits Within Which This Article Operates. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 2. Ord. 63, March 21, 1904. 4 . All that portion of the State of Maryland within the corporate limits of the City of Baltimore shall constitute the limits under this Article in which no wall, structure, build- ing, part or parts thereof shall be built, altered, changed or repaired except in conformity to this Article. It shall be unlawful to erect, build, alter, repair or change any structure (except in conformity to the laws regulating brick buildings) upon any lot in the City of Baltimore within the following boundaries: Beginning from the intersection of the eastern and southern city limits on the east, thence north to the intersection of the eastern limits and to intersect a line drawn easterly with and continuing the line of the north side of Twenty-sixth Street, thence westerly reversing said line and bounding on the north side of said Twenty-sixth Street and continuing said line until it intersects the easternmost side of the Reistertown Turnpike Road, thence southwesterly by a direct line to the intersection of the southern limits of the city and the easternmost side of Gwynn’s Falls, thence along the southern boundaries to the place of beginning. In the territory within the city limits outside of the above named boundaries frame structures will be allowed; provided, each and every building shall have at least ten feet of its own lot on each side of said house or structure, thus mak- ing twenty feet between houses; and provided further, that the proper requirements for strength and safety are met. Permits for Building. City Code, (1893) Art. 7, Sec. 2A. Ord. 63, March 21, 1904. 5 . It shall be unlawful to erect, build, alter, repair or change any structure upon any lot within the limits of the ART. 3 .] PERMITS FOR BUILDING — ORDINANCES. 601 City of Baltimore, as they now exist, without first making application and obtaining a permit from the Inspector of Buildings. Applications for permits shall be made on the ^^n“pector of blanks in the office of the Inspector of Buildings, and signed buildings, by the owner or by a proper officer or member of a cor- poration, company or firm, and shall state clearly and fully the work contemplated to be done. In all cases drawings on tracing linen, mounted blue or black prints, or other approved fabric, and specifications sufficient to enable the Inspector of Buildings to obtain full and complete informa- tion as to the extent and character of the work to be done, shall be presented with such application. If the matter mentioned in any application for a permit, or in the plans or specifications accompanying and illustrating the same done indicate to the Inspector of Buildings that the work to be ^"ordlnS done is not in all respects in accordance with the provisions of the building regulations, he shall refuse to issue a per- mit until such application and plans and specifications shall have been made to conform to the requirements thereof. When such application and plans and specifications conform to the regulations, the Inspector of Buildings shall issue a permit, and shall file such application, and shall apply to such plans and specifications an official stamp stating that the drawings and] specifications to which the same shall have been applied comply with the terms of these regula- tions. The plans and specifications so stamped shall then be returned to such applicant. In all cases where permits are issued by the Inspector of Buildings contingent upon the written consent of the property owners or residents, the document containing such written consent must be made a permanent record of the office of the Inspector of Buildings; provided, that in the case of new structures proviso, permits shall, after application to the Inspector of Build- ings, be issued by the Appeal Tax Court, as heretofore; and provided, that wherever in this article it is provided that permits may or shall be issued by the Inspector of Buildings, such language shall be construed to mean that in the case of new structures such permits shall, after application to the Inspector of Buildings, be issued by the Appeal Tax Court, as heretofore. 602 BUII.DINGS — ORDINANCES . [art. 3. Plans and Specifications. City Code, (1893) Art. 7, Sec. 2B. Ord. 63, March 21, 1904. Plans and 0. Truc copics of SO much of said plans and specfications specifications i t i to be filed, as may be required in the opinion of the Inspector of Buildings shall be furnished and shall remain on file in his office until the completion or occupation of said building ; after which such drawings and specifications may be returned by the Inspector of Buildings to the parties by whom they have been deposited with him, upon the demand of said person or persons, except that plans and specifi- cations of theatres, churches, halls, hotels, apartment houses, tenements, factories, shops, schools, colleges, hos- pitals, asylums, and all other buildings to be occupied by more than twenty-five people at one time, shall remain on pians^Snent file as a permanent record in the office of the Inspector of records. Buildings. It shall not be obligatory upon the Inspector of Buildings to retain the drawings not mentioned above in his custody for more than three months after the comple- tion or occupation of any building. City Code, (1893) Art. 7, Sec. 2C. Ord. 63, March 21, 1904. Unlawful to 7. It shall be unlawful to erase, alter or modify any alter plans i ^ t i • and^specifi- Imos figuros or coloring contained upon such drawings or specifications so stamped by the Inspector of Buildings or filed with him for reference. If, during the progress of the execution of such work, it is desired to deviate in any man- ner affecting the construction or other essentials of the building from the terms of application, drawings or specifi- cations, notice of such intention to alter or deviate shall be given in writing to the Inspector of Buildings, and his written assent must be obtained before such alterations or deviations may be made. Gutters and Spouting. City Code, (1879) Art. 7, Sec. 32. City Code, (1893) Art. 7, Sec. 101. Spouting and 8. The Inspector of Buildings is hereby authorized and gutters. directed to compel all persons owning property, or agents of the same, to put up proper spouting and gutters to all AET. 3 .] ALTERATIONS AND REPAIRS — ORDINANCES. 603 buildings claimed by them within the city limits, and to keep the same in proper repair, so as not to allow the water to leak from or flow over the gutters to the pavement below ; and for any violation of the provisions of this section, after ten days’ notice from the Inspector of Build- ings, the person or persons so offending shall forfeit and pay a penalty of ten dollars. Inspection of Market Houses. Ord. 60, May 30, 1879. City Code, (1893) Art. 7, Sec. 105. 9 . It shall be the duty of the Inspector of Buildings to ^oFinspStoV. annually inspect all the market houses and other buildings belonging to the City of Baltimore, and report to the City Council at its first meeting in the month of February of each year, what repairs are required on each of said market houses and other buildings, with a detailed estimate of the cost of the same. Repairs to City Buildings. City Code, (1879) Art. 7, Sec. 23. City Code, (1893) Art. 7, Sec. 96. 10 . The repairs of all buildings belonging to the city inspector of ini ijiT • 1 Trt Buildings to shall be under the direction and control of the Inspector of Buildings ; and should any building require repairing, it BuPd/ng?^^ shall be his duty, with the approval of the Mayor, to have the same done in such manner as he may deem best for the interest of the city, wherever an appropriation has been made therefor. ALTERATIONS AND REPAIRS. Ord. 146, Oct. 23, 1891. City Code, (1893) Art. 7, Sec. 27. Ord. 63, March 21, 1904. 11. No alteration or repair of any structure or part Alterations or thereof outside of the building line shall be made unless an application has been made and approved by the Board of Estimates and permit obtained from the Inspector of Buildings, and no alterations or repairs can be made in or 604 BUILDINGS — ORDINANCES . ART. 3 .] Existing- structures. Applications and permits. upon any building or structure of any kind without first applying for and obtaining a permit from the Inspector of Buildings and complying with the provisions of this Article. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 75. Ord. 63, March 21, 1904. 12. No building, structure or wall already erected, or hereafter to be erected, shall be enlarged, raised, altered or built in such manner that, were such building, structure or wall wholly erected after the passage of this Article, it would be in violation of any of the provisions thereof. BALCONIES, PIAZZAS, PORCHES, BAY AND ORIEL WINDOWS AND BATH ROOMS. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 66. Ord. 64, June 9, 1902. 13. No rear balcony, piazza, porch or platform composed wholly or partly of wood, shall hereafter be built or con- structed, unless application shall have been made and a per- mit issued for the same previous to commencing said erec- tion, for which a sum equal to five cents per square foot of surface measurement for each and every story shall be paid before such a permit is issued. No structure named in this section shall extend out more than ten feet from the house to which it is attached ; the width of said structure shall be as follows : if extending from the first floor above the surface, it may extend from side to side of the lot, provided it is open in front ; should it be desired to extend any balcony, piazza, porch or platform from any story other than the first one above the surface of the ground, a brick wall must be built from the ground up above the roof of said structure at least eight inches thick at each end ; if said balcony, piazza, etc. , extends to party lines of the lot, the brick wall may be omitted, provided the structure, if closed and built entirely of wood, is built so as not to be within five feet of any wood construction on adjoining premises, or three feet, if the ends are lined with metal, but in no case can said structure be nearer than eighteen ART. 3 .] BALCONIES AND BATH ROOMS — ORDINANCES. 605 inches to party line without a brick wall at the ends. This section is not intended to include or interfere with any section of this Article governing frame sheds. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 67. Ord. 64, June 9, 1902. 14 . It shall be unlawful for any person, persons or corporation to erect any dwelling house or alter any build- ing to be used as a dwelling house having four or more rooms, exclusive of bathroom, unless said house shall have therein a bathroom and bath tub, with all necessary supply pipes, waste and sanitary equipments ; and should there be not room enough in a brick, iron or stone building for such Bathrooms, in bathroom, then a permit may be granted by the Inspector of Buildings, upon application being made therefor, fora frame projecting room not to extend over eight feet from house, provided said frame bathroom, if wholly of wood, is distant from any other frame structure five feet, or three feet distant if covered on ends with metal, but in no case shall said structure be placed nearer than eighteen inches to any party line of property. The permit must be obtained in all cases of frame bath rooms before commencing the work, for which the sum of five cents per square foot (superficial measurement) shall be charged. The brick wail from which the frame bathroom extends must continue up above the top of such frame structure and have no communica- tion with the main house, except the door-way leading thereto. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 67A. Ord. 64, June 9, 1902. 15. It shall be unlawful to erect or alter any bay or oriel window, composed wholly or partly of wood, without first making application to and obtaining a permit for same from the Inspector of Buildings, for which the sum of five cents per square foot (superficial measurement) for each story in height shall be paid before issuance of the permit. Alterations, provided that no such wooden window shall be within five feet of any other frame structure, if built entirely of wood. 606 BUII.DINGS — ORDINANCES . [art. 3. Penalty. Permits for bow- windows. Penalty. Approval of Board of Estimates and certifi- cate of Comp' troller. or three feet from any other frame structure, if covered with metal. But in no case shall said structure be placed nearer than eighteen inches to any party line of property. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 67B. Ord. 64, June 9, 1902. 16 . Any person or persons or corporation violating the provisions of sections 13, 14 and 15 of this article, shall pay a fine as provided in Section 203 of this Article. Ord. 101, October 20, 1883. City Code. (1893) Art. 7, Sec. 113. 17 . The Inspector of Buildings, is directed to issue a permit to any person or persons applying therefor, to erect bow- windows for the display of wares and merchandise, or other purposes of trade, after the same shall have been applied for to, and approved by, the Board of Estimates, and a certificate of all charges paid to the Comptroller shall have been produced. City Code, (1879) Art. 7, Sec. 55. City Code, (1893) Art. 7, Sec. 114. 18. If any person or persons shall erect, or cause to be erected, any bow-window provided for in the next preced- ing section, without a permit therefor, as therein autho- rized, or having a permit shall erect, or cause to be erected, such window of larger dimensions than those authorized by the permit, he, she or they shall be subject to a fine of ten dollars ($10) per day for each day such window shall remain in violation of the provisions of the next preceding section. Ord. 90, May 26, 1887. City Code, (1893) Art. 7, Sec. 115. 19. No permits shall be granted by the Inspector of Buildings for the construction of a bay-window beyond the building line, unless, nor until, application therefor shall have been made to the Board of Estimates and such appli- cation approved by said board; and no such permit shall be ART. 3 .] CHIMNEYS AND FLUES — ORDINANCES. 607 issued by the Inspector of Buildings except upon presenta- tion of a certificate from the Comptroller that all charges made by the Board of Estimates have been paid.- CELLARS, ETC. Ord. 146, October 23, 1891. City Code, (1893) Art, 7, Sec. 87. 20. The word cellar in this article shall be taken to^^^^^^ mean a ground floor, room or basement in a dwelling definition of. house, the floor of which is below the level of the pavement. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec 88. 21. All cellars shall extend underneath the whole house cenars^venti- and be ventilated from both ends, and in low, damp or made ground the bottom of all cellars shall be covered with concrete or asphalt to the depth of at least four inches thick, and where floored there shall be at least six inches of air space underneath the floor. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 89. 22. Where dwelling houses are built upon low, damp or made ground, the ground shall be covered with concrete or asphalt four inches thick, and there shall be at least ground. six inches of air space between the surface of the concrete or asphalt and the joists of the floor, and there shall be ventilation at both ends. CHIMNEYS, FLUES AND HEATING APPARATUS. City Code, (1879) Art. 9, Secs. 1 and 8. Ord. 95, June 17, 1886. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 44. 23. All chimneys and flues in stone or brick walls in chimneys, any building hereafter erected, altered or repaired, with- fire-L^ckl out reference to the purpose for which they may be used, shall have the joints struck smooth on the inside, and be smoothly plastered with mortar outside, below the roof, at all concealed points, but no purging mortar shall be used on the said inside of any flue thirteen inches and over. 608 BUILDINGS — ORDINANCES . [art. 3. and the fire-backs of all fire-places hereafter erected shall not be less than eight inches in thickness, and all flues in any building shall be topped out at least four feet above the roof, or to such height as may be required by the Inspector of Buildings, and no flue shall contain less than sixty-four square inches of space. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 45. Flues to be 24. All flues shall be properly cleaned and the flues left cleaned and , . . , , . left smooth, smooth upou the inside upon completion. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 46. Fluesforcon- 25. No metal flue, pipe or register box, of a single veyingfheat- , . ^ ’ edair. thickness ot metal, used or intended to be used to convey heated air in any building hereafter to be built, altered or repaired, shall be allowed, unless the same shall be built in a brick or stone wall, or in other cases the said flue, pipe or register box shall be made double, that is, two pipes, one inside the other, at least one inch apart. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 47. woodworkues 26. No woodcn furring or lath shall be placed against any flues or metal pipes used to convey heated air in any building, and no air flue shall be used at any time as a smoke flue, no base, flooring, roofing or any other woodwork shall be placed against any brick or other flue used to convey heated air, until the same shall be well plastered behind such woodwork with some incombustible or non-conducting material. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 48. chimney breast shall be started or built upon any wood floor or joists ; all chimney or smoke flues shall have a wall at least nine inches thick at back, and when corbelled out shall be supported by at least five courses of brick ; and if supported by piers, the same shall start from the foundation on the same face with the breast above, ART. 3 .] CHIMNEYS AND FLUES— ORDINANCES. 609 and shall not be less than one and a-half bricks wide on face ; and all chimneys shall be bonded to the walls at every course from the bottom to the top. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 49. 28 . All hearths shall be supported by arches of brick, Hearths and iron or concrete, and no chimney in buildings already erected or hereafter to be built, shall be cut off below in whole or in part and supported by wood, but shall be wholly supported by stone, brick or iron, and all chimneys in any building already erected or hereafter to be erected, which shall be dangerous in any manner whatever, shall be repaired and made safe or taken down. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 50. 29 . No smoke-pipe in any building with combustible smoke flues, floors and ceilings, shall hereafter enter any flue nearer than twelve inches from the floor or ceiling; and in all cases when smoke pipes pass through the stud or wooden parti- tions, floor or roof, whether plastered or not, they shall be guarded by either a double collar of metal with at least two inches air space all around, and holes for circulation of air, or by a soapstone ring or solid casting of plaster of Paris not less than three inches in thickness, and extending through the partition, or by an earthenware ring one inch from the pipe at every point. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 51. Ord. 113, May 3, 1893. 30 . In all cases where hot water, steam, hot air or other Furnace smoke furnaces are used, the furnace smoke-pipe must be kept at least eight inches below the bottom of the joists above the same, the said joists to be protected by an asbestos mill- board, and bright charcoal tin lining attached to said joists, with two inches space for the free circulation of air between the said joists and lining, and six inches of space for the free circulation of air between the lining and top of smoke-pipe, the smoke-pipe to be protected by said 610 B CJIBDINGS — ORDINANCES . ART. 3.] School build- ings to be fire-proof. Top of fur- naces. Hot-air regis- ters. lining, not less than twenty inches wide, and at all points where the smoke-pipe is less than two feet from the bottom of said joists; and upon the top of all furnaces set in brick, iron bars must be placed, with a covering of No. 24 best bloom galvanized iron, riveted together the size (length and width) of the outer edge of the four walls of the said furnace; the bars under or above the covering to be placed near enough together so that the weight of the two courses of bricks covering the top of furnace shall rest on them. Ord. 123, May 2, 1901. 31. All buildings hereafter constructed for use as public school buildings shall be erected under the supervision of the Inspector of Buildings, of such fire-proof materials over and about all furnace or heating apparatus where such heating apparatus is within two feet of the ceiling line, as are now used in the construction of modern buildings supposed to be absolutely fire-proof, and also all heating and smoke- pipes shall be encased entirely in fire-proof materials. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 52. Ord. 113, May 3, 1893. 32. The top of all furnaces must be kept at least four- teen inches below the bottom of the joists ; the said joists to be protected by an asbestos mill-board, and bright charcoal tin lining attached to said joists, with two inches of space for the free circulation of air between the joists and lining, the lining to extend one foot beyond the sides, and back eighteen inches beyond the front of top of the furnace. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 53. 33. All hot air registers set in the floor of any building shall be set in a border of soapstone, or other fire proof material, and all floor or register boxes to be made of sheet metal, with flange on top to fit the groove in the border, the register to rest upon the same, and there shall also be ART. 3.] INSPECTIONS OF FURNACES — ORDINANCES. 611 an open space of two inches on all sides of the register box, extending from the under side of the ceiling to the border in the floor, the outside of said space to be covered with a casing of metal made tight on all sides, and to extend from the under side of the aforesaid ceiling up to and turn under the said border. Ord. 146, October 23, 1891. City Code, (1893) Art. 7. Sec. 54. 34. All gas, water or other pipes introduced into any Gas, water and building shall not be let into the joists unless the same be placed within twenty-four inches of the ends of said joists, and in no building shall the pipes be let into the joists more than two inches in depth. City Code, (1879) Art. 9, Secs. 2 and 9. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 55. 35. In no building shall any wooden girders, joists or wooden joists timbers be placed nearer than two inches of the outside of any smoke, air or other flue, and all joists or other timbers in the division walls of any building hereafter erected, whether built of stone, brick or iron, shall be separated from the joists or timbers entering into the opposite side of the wall by at least four inches of solid masonry work. City Code, (1879) Art. 9, Sec. 14. City Code, (1893) Art. 9, Sec. 5. Ord. 49, April 11, 1900. 36. No person shall erect a stove and conduct the pipe Restrictions thereof through the side or end of any wooden house, or the roof or wooden ceiling of any building, except with permission of and under such safe-guards as may be pre- scribed by the Inspector of Buildings, under a penalty not pe„aity exceeding ten dollars, and shall forfeit and pay a like sum for each and every month thereafter until such pipe shall be removed. Inspections of Hot Air Furnaces and Heating Apparatus. Ord. 56, April 14, 1896, Sec. 1. 37. Whenever the Inspector of Buildings shall have cause to suspect that any hot air furnace or other heating 612 BUILDINGS — ORDINANCES . [art. 3. To inspect hot- air furnaces or other heating apparatus. Relating to hot-air fur- naces and heating apparatus. Penalty. Penalty for re- fusal to per- mit inspec- tion. apparatus in any dwelling or other building shall be so defective in any of its parts, or shall be out of repair to such an extent as to be liable to set fire to the building in which it is located, the said Inspector of Buildings shall have the right to demand entry into such dwelling or other building, and shall inspect such hot-air furnace or other heating apparatus, and all heat, smoke and other pipes and appurtenances in connection therewith, and if in his judgment there be any defect in such furnace or other heating apparatus, or any parts thereof that may endanger the safety of such dwelling or other building, then he shall direct that the requisite repairs shall be made, or he may condemn the said furnace or heating apparatus and order its removal from the premises. Ord. 56, April 14, 1896. Ord. 158, October 31, 1896, Sec. 3. 38 . No hot-air furnace or other heating apparatus shall be placed in a dwelling or other building until a permit so to do shall have been obtained from the Inspector of Buildings for each dwelling or other building to be heated, and a failure to obtain such permit shall subject the party erecting the heating apparatus to a fine of fifty dollars ($50) and such permit shall be returned to the Inspector of Buildings by the party erecting such furnace or heating apparatus at the time the final inspection of the work is done. Ord. 56, April 14, 1896. 39 . If the builder, owner or owners, or occupier of any dwelling or other building shall refuse or delay to open the same, and permit a free examination and inspection, as contemplated by section 37 of this article, he, she or they shall forfeit and pay for every such refusal the sum of twenty dollars ($20). Ord. 56, April 14, 1896, Sec. 5. 40 . If the owner or owners, or their agents, of any dwelling or other building shall refuse or delay to properly ART. 3.] INSPECTIONS OF FURNACES — ORDINANCES. 613 repair or remove such furnace or heating apparatus or other appurtenances, when so directed by the Inspector of Buildings, then he, she or they shall forfeit and pay as a fine the sum of fifty dollars ($50) . Ord. 56, April 14, 1896, Sec. 6. 41. If the party obtaining the permit for the erection of any furnace or heating apparatus shall fail or refuse to return the said permit at the time specified in section 38 of this article, then the said party shall pay a fine of dollars (S5) for each and every day thereafter until the fusauore- P T-» *1 T turn permit. said permit is returned to the Inspector ot Buildings. Ord. 56, April 14, 1896, Sec. 7. 42 . It shall be unlawful for any owner, agent or renter uni^aw^uno^^^ to use any ash-box in buildings except it be of iron or gal- vanized iron, and any agent, owner or renter who shall use any other ash-box in buildings, except as provided for by this section, shall be liable to a fine of five dollars ($5). Penalty. City Code, (1879) Art. 9, Sec. 12. City Code, (1883) Art. 9, Sec. 3. 43 . No person shall erect or continue to use any smoke- Annoying and stack, chimney flue or stove-pipe within the city in such chfmnS'f manner as that the smoke or cinders therefrom shall annoy any neighbor, or endanger the surrounding property by fire ; and upon complaint in writing signed by a majority Abatement of of the owners and occupiers of adjoining property affected by such use of said smoke-stack, chimney flue, or stove- pipe, made to the Inspector of Buildings, the Inspector of Buildings may, in his discretion, or he may on his own motion, order such smoke-stack, chimney flue or stove-pipe to be altered or improved, as he may deem best for the protection of the surrounding property ; and if any person, or corporation, shall refuse or neglect to alter or improve such smoke-stack, chimney flue or stove-pipe within ten days after receiving notice in writing from the Inspector of Buildings, he shall forfeit and pay a fine of twenty dollars, and ten dollars for each and every day thereafter until such order shall be obeyed. 614 BUILDINGS — ORDINANCES . [art. 3. ELECTRICAL INSTALLATION AND WIRING. Ord. 40, March 17, 1902, Sec. 1. 44. It shall be unlawful for any person or persons, firm or corporation, to use electrical current in or on any build- use of eiectri- ing Or Other structure, or upon any street lane or alley, or when unlaw- other highway in the City of Baltimore other than the central stations of street railway, electric light and tele- phone and telegraph companies in violation of the provisions of this sub-division of this article. Ord. 40, March 17, 1902, Sec. 2. 45. Hereafter, before any work is commenced upon any installation or apparatus which contemplates the introduction or use of electrical current, the person, firm or corporation proposing to do the work or have the same done shall make application to the Inspector of Buildings ^per“mits. ^ permit, such application to describe fully the work contemplated and the highway to be used, the voltage and amount of current to be introduced into the building and description of the work proposed to be done giving the locality of building and description of the work proposed to be done, giving locality of building or premises by street, number, etc., and such application shall be signed by the applicant, or his or her or its authorized representative. A permit shall be then issued by the said Inspector of Build- ings, if the work is such as in the judgment of said Inspector of Buildings will not be dangerous to life or property ; such permit shall be required for all classes of work, for the introduction of electrical current and for all work and wiring which is designed to be covered with wood, plaster and other building material, or hidden from full view, and Work in work shall be done of the kind for which permits are emergency, required by this section other than that set out in the application and for which the permit was obtained. All work not to be covered or hidden from view as aforesaid as well as repairs on such covered work, made in cases of great emergency, shall be reported to the said Inspector of Buildings within twenty-four hours from the commence- ment of the same ; and if upon inspection by the Inspector ART. 3.] ELECTRICAL INSTALLATION— ORDINANCES. 615 of Buildings such work for which no permit was required shall be deemed by him to be unsafe, he shall so notify the owner or person using the same, or in charge thereof, and the use thereof shall cease at once. Ord. 40, March 17, 1902, Sec. 3. 46 . The Inspector of Buildings at the proper time after the issue of the permit provided for in the next preceding section, shall, through the inspectors provided for in section 1 of this Article, make a careful inspection of all inspection, wires, coverings, insulations, cut-outs and protective devices Sf and of all apparatus and material of any character used in ''' such installation on said highways or within such building thereto. or premises, and in so doing shall have the power to remove any obstruction or obstructions such as laths, plaster, par- titions, flooring or such like as would otherwise interfere with the proper inspection of such installation. Ord. 40, March 17, 1902, Sec. 4. 47 . The Inspector of Buildings is hereby authorized and directed and it shall be his duty to inspect or cause to be inspection 91 inspected thoroughly and properly all electrical wires and and appara- apparatus now on any of the highways or now in or on any buildings in the City of Baltimore, and if any such wires or apparatus are discovered to be in such condition either as to material or manner in which constructed, or installed, as to be dangerous to life, or property, the Inspector of Buildings shall notify the ov/ner of such wires or occupant to cause dan- of such building who uses such dangerous equipment to ing- to be have the defects remedied within a reasonable time, such time not to exceed ten ( 10 ) days from date of notice and it shall be the duty of such owner or occupant to comply with such notice. The Inspector of Buildings is further author- ized if in his judgment it shall be necessary for the pro- tection of life or property, to give notice to the person, firm Notice, or corporation supplying the electrical current to such dangerous equipment, to discontinue the supply of current until defects in the equipment are remedied to the satis- faction of the Inspector of Buildings, and the same shall be 616 BUILDINGS — ORDINANCES . [art. 3. discontinued at once, and the Inspector of Buildings is hereby empowered to cut such wires if in his judgment the same shall be absolutely necessary for the protection of life and property. Ord. 40, March 17, 1902, Sec. 5. 48 . After the Inspector of Buildings shall have made an inspection of the electrical wiring and apparatus now in use upon any building or other structure in the City of Baltimore, including the apparatus and means of introduc- tion of the electrical current into such buildings or other structure, as contemplated in Section 47 of this Article and shall find the work safe, the said inspector of Buildings Certificates shall deliver to the person or persons, firm or corporation using such current a certificate showing that such inspec- tion has been made ; such certificate shall contain a general Installation to description of the installation and such other statements as be described. ^ i i i • may be necessary to identify the work inspected ; after any new work hereafter done shall have been completed, a similar inspection shall be made by the Inspector of Build- ings and a similar certificate given. No current shall be turned in on such new installation for which permits are required, until such certificate has been given. Ord. 40, March 17, 1902, Sec. 6. 49. It shall be the duty of the owner or owners of any dead or unused wire or wires, now or hereafter upon any highway or building or other structure in the City of Balti- Removai of moro, to romovo the same immediately, and whenever the wires. Inspector of Buildings shall discover any dead or unused wire or wires on any highway or building or other structure in the City of Baltimore he shall immediately order the owner of the same to remove such wire or wires, and the same shall be removed by such owner or owners within the time prescribed in such notice, which shall not exceed ten (10) days, and the Inspector of Buildings shall have the pow- er to remove any such wires, if he shall see proper to do so, which removal by the Inspector of Buildings shall be at the ART. 3 .] ELECTRICAL INSTALLATION — ORDINANCES. 617 expense of the owner or owners thereof, if such owner or owners can be found. And if the Inspector of Buildings shall discover any wire or wires, whether dead or unused wires, or wires in use so constructed as to be in his judg- ment dangerous by reason of proximity of construction to other wires or to any other conductor of electrical currents he shall notify the owner or owners so to place such wire or wires as to remove such danger ; and it shall be the duty of the owner or owners of such wire or wires to comply with such notice. Ord. 40, March 17, 1902, Sec. 7. 50 . Any person, firm or corporation who or which shall violate any of the provisions of this sub-division of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding twenty dollars ($20) for each offense, and a fine not exceed- ing twenty dollars ($20) for each day such offense shall continue, if the same be a continuing offense. Ord. 40, March 17, 1902, Sec. 8. 51. The owner or controller of any wires or highways, or any owmer or occupant of any building or buildings or premises where electric wiring is used or to be used, or any other person who shall refuse to allow access to such premises, or who shall prevent, interfere or obstruct in any manner any inspector in the discharge of his duties under this sub-division of this article, shall upon convic- tion, forfeit and pay a fine for each offense of not less than five dollars ($5) or more than one hundred dollars ($100) in the discretion of the Court. Ord. 40, March 17, 1902, Sec. 9. 52 . No man who has not had at least six consecutive years actual experience, and who is not in the active pur- suit of his profession or trade as an electrician or electrical worker at the time of making his application, shall be qualified for appointment as an electrical inspector under the provisions of section 1 of this article. violation of provisions of this sub-di- vision to be misdemean- or. Penalty. Interference with inspec- tion. Qualifications of electrical inspectors. 618 BUILDINGS — ORDINANCES . [art. 3. No release of liability for damages du to defective equipment, etc. Plants which Inspector of Buildings may exempt from opera- tion of these provisions. Certificate of exemption. Certificate may be revoked. Permit for ele- vators. Inspector of Buildings to inspect. Issue of certificates. Ord. 40, March 17, 1902, Sec. 10. 53. The provisions of this sub-division of this article shall not be construed to relieve from or lessen the liability or responsibility of any person, firm or corporation opera- ting, controlling or installing any electrical installation or equipment from damages to anyone injured by any defect therein, nor shall the city of Baltimore be held as assuming any such liability by reason of the inspection authorized therein, or by any certificate issued hereunder. Ord. 40, March 17, 1902, Sec. 11. 54. The Inspector of Buildings shall have the authority to exempt from the operation of the provisions of this sub-division of this article any building or group of build- ings in which is operated and isolated plant for the genera- tion of the electricity used therein, and which has in its regular employ a competent electrician; such exemption shall be for a stated period to be named in a certificate to be issued by the Inspector of Buildings, not exceeding six months, and may after examination by said Inspector of Buildings, be renewed from time to time, and such certifi- cate of exemption may be revoked at any time by the Inspector of Buildings. ELEVATORS. Permit and Certificate. City Code, (1893) Art. 7, Sec. 43. Ord. 74, May 10, 1904, Sec. 43. Ord. 185, January 6, 1905, Sec. 43. 55. It shall be unlawful to commence the installation of any elevator or hoist in or about any building without first obtaining a permit for the construction of same from, the Inspector of Buildings, which permit is to be returned to the Inspector as notice of completion. During the construction, the elevator or hoist to be subject to inspec- tion on the part of the Inspector of Buildings, or his authorized agents at any time; and when completed in accordance with all requirements the Inspector of Build- ings will issue a certificate, which the owner or lessee must ART. 3.] INSPECTION— ORDINANCES. 619 place in a conspicuous place in or about the elevator or hoist, and no elevator shall be used by any owner or lessee for regular service until such certificate has been furnished. Register of Elevators. Ord. 74, May 10, 1904, Sec. 43A. Ord. 185, January 6, 1905, Sec. 43A. 56. All owners or lessees of any building or premises reported, in which an elevator or hoist is already constructed shall, within thirty days after the approval of this ordinance, report the same, giving the location and whether the owner or lessee is responsible for said elevator or hoist. A register of all elevators shall be kept in the office of the Inspector of Buildings in a book specially prepared for that purpose. The Inspector of Buildings shall have, as soon as convenient, all such elevators or hoists inspected, and if found secure and safe, issue a certificate, as in the case of new elevators. If any elevator or hoist already erected issue certis- shall, upon inspection, be found defective or out of repair in any of its parts, notice thereof shall be given and the owner or lessee shall immediately have such elevator or i^efective eie- !• •/* 1 • n vators. hoist put m safe and secure condition before a certificate is issued therefor. Inspection. Ord. 74, May 10, 1904, Sec. 43B. Ord. 185, January 6, 1905, Sec. 43B. 57. All elevators or hoists, and mechanism in connec-^ . . , Supervision of tion therewith, shall be under the supervision of the Inspector of Buildings, who shall appoint practical elevator men to make all the required inspections of elevator work. It shall be the duty of said inspector to make periodical examinations at least once in three months of every elevator as directed by the Inspector of Buildings and make • immediate report after such examination to said to . ... make inspector; said report must fully state the condition of reports, machines, running gear, ropes, sheaves, safety and con- trolling appliances. If any elevator or hoist shall be found unfit for service or out of repair, said inspector shall order 620 BUILDINGS — ORDINANCES . [art. 3. To order repairs. Repairs to be made promptly with penalty of fine. Classification. Regulations of first class. Regulations of second class. said repairs to be made at once, and if not promptly commenced, shall order stoppage of such elevator or hoist and revoke permit for such elevator or hoist until complete repairs be made. Should the elevator or hoist be so much out of repair as to endanger life, said inspector shall order that it must cease running until it shall have been com- pletely repaired and so certified by said inspector, and any failure to comply with such order shall subject the proprietor of said premises to a fine of from two hundred and fifty dollars ($250) to five hundred dollars ($500) . Classification. Ord. 74, May 10, 1904, Sec. 43C. Ord. 185, January 6, 1905, Sec. 43C. 58. This sub-division of this Article is to refer to and cover the following styles of elevators ; 1st. Passenger elevators; 2d. Freight elevators; 3d. Combination freight- passenger elevators; 4th. Automatic elevators. Carrying Capacity, Etc. Ord. 74, May 10, 1904, Sec. 43D. Ord. 185, January 6, 1905, Sec. 43D. 59. The elevators under the first class are to be used ex- clusively for passengers, and the carrying capacity of same shall be limited to one person to each and every 400 square inches of floor space of car, allowing 150 pounds to every person carried ; ' a package weighing not over 100 pounds may be carried on this class of elevator at any one trip, but when so carried the number of passengers allowed must be reduced by one. Those under second class must be used exclusively for freight, and no one, except operators and those engaged in handling the freight, shall be allowed to ride thereon, and in no case can any one other than operators use an elevator, unless the platform of waiter be enclosed on all except loading sides at least six feet high ; all the machinery and structure to be strong enough to sustain four times the greatest weight imposed upon it ; and before any freight elevator can be used, the safe weight or one-quarter of its ultimate strength must be posted. ART. 3 .] CLEARANCE, ETC. — ORDINANCES. 621 and at all times kept in a conspicuous place on each and every story reached by said elevator, and said elevator must never be loaded beyond the weight as posted. Any elevator or hoist entered as a combination elevator, must ^cSmwtion never be used for passengers and freight on the same trip, unless a space of 20 inches by 20 inches (400 square inches) be allowed for each passenger using it ; and said elevator must be of equal strength as provided for a freight elevator, and the car enclosed and have a canopy like those required for passenger elevators ; a car with a freight compartment below will not be allowed. The automatic elevators shall Regulation of only be permitted for dumb waiters and such passenger purposes in residence or other buildings where same are intended for private use only. Clearance, Etc. Ord. 74, May 10, 1904, Sec. 43E. Ord. 185, January 6, 1905, Sec. 43E. 60 . For all elevators having a speed exceeding 60 feet Clearances re- per minute a clear space of not less than three feet must differeir be provided in the bottom of the shaft below the lowest landing. If a depth of three feet cannot be obtained below the level of floor, such depth may be secured by raising the level of the landing and the use of an incline. At the bottom of all elevator shafts there shall be placed substan- tial buffer springs ; and between the top. of cross-head of the car and the underside of the overhead grating, when the car is at its top landing, there shall be a space of not less than three feet, and for elevators of greater speed than three hundred and fifty feet per minute the clearance shall not be less than five feet. This does not apply to hand-power elevators. For all elevators running at a speed not exceeding 60 feet per minute no pit and buffer springs will be required. All counterweights shall have their sec- counter- tions strongly bolted together, and no open-end weights may be used. There shall be not less than three feet clearance between the top of counterweight and the under- side of overhead beam when the car is resting on the bumpers. 622 BUILDINGS — ORDINANCES. [art. 3. Enclosures and Cars. Ord. 74, May 10, 1904, Sec. 43F. Ord. 185, January 6, 1905, Sec. 43F, par. 1 . Enclosures 61. All elevatoT shafts must be enclosed on each and and cars. c n mi every story irom floor to ceiling. The enclosure of elevator shafts shall be divided into two classes, either of which will be allowed: First, enclosures built of non-fireproof material; second, enclosures of fire-resisting material throughout. All enclosures of the first class may be either solid partitions or may be ornamental metal work, or may be of wire work of not over inch mesh, constructed of not less than 3-16 inch wire in iron frames. Every en- closure of the first class in buildings with wood joists or fioor supports must be provided at each floor opening with trap-doors, of a thickness not less than 1% inches, hinged opening, with trap-doors of a thickness not less than 1% inches, hinged at floor and held open against the sides or back of elevator enclosure by a fusible link, which, in the event of fire shall open and allow doors to fall, closing the hatchway openings in the floor, and automatic trap-doors may be used on elevators not exceeding a speed of 60 feet per minute. The entire under side of traps and flaps are to be lined v/ith tin, properly lock- jointed; the tin to extend over all edges and nailed on upper sides of traps and flaps. Ord. 74, May 10, 1904, Sec. 43F. Ord. 185, January 6, 1905, Sec. 43F, par. 1 Specifications 62. All onclosuros of the second class shall be con- fer mciosures 1 a • • -IT 11 of^se^cond structcd of fire-resistmg materials and must extend at least three feet (3' 0") above the roof and be covered by a metal frame skylight. Where elevators are arranged in batteries of two or more the enclosures of either first or second class may extend around entire battery without division between individual elevators. The doors of enclosures to passenger Doors. elevators to be not wider than the door opening of car, and the door to be made to slide; tracks and sheaves to be securely adjusted in such manner as to prevent door from jumping off the tracks. The door fastenings of all passen- ger elevators must be operated from inside of enclosures, and no outside latch or fastening of any kind will be ART. 3 .] SAFETY APPEIANCES, ETC. — ORDINANCES. 623 allowed, except the lock used by custodian of the elevator, and none of such locks must be fastened during hours the building is open for business, at which time the latches only are be used for holding the doors closed. The freight elevator doors may be made to open on hinges or slide up and down with weights, or have openings pro- tected with semi-automatic gates. The car of passenger elevators to be framed up and enclosed on all sides except opposite openings or landings, as approved by the Inspector of Buildings. The top of car to be covered with a grille canopy of wrought iron or other metal. The upper panels of passenger cars may be glass or ornamental metal work, provided these panels are three and one-half feet above the floor of car; all the other parts of enclosure must be solid. All window openings to elevator shafts must be protected by guards as directed by Inspector of Buildings. Stairway Around Elevator. Ord. 74, May 10, 1904, Sec. 43G. Ord. 185, January 6, 1905, Sec. 43G. 63. In every building where a stairway shall hereafter stairways, be built around an elevator shaft, the elevator shafts and stairs must be separated by a partition of fire-resisting material to extend three feet above the roof, and the shafts must be covered by a skylight with metallic frame. Overhead Grating. Ord. 74, May 10, 1904, Sec. 43H. Ord. 185, January 6, 1905, Sec. 43H. 64. In all elevators, except hand-power and dumb- Overhead waiters, a metal grille or grating is to be placed immediately below the overhead sheaves and appliances at top of shaft to prevent anything from falling in case of an accident or breakage. Safety Appliances, Etc. Ord. 74, May 10, 1904, Sec. 431. Ord. 185, January 6, 1905, Sec. 431. 65. All elevators or hoists except plunger elevators and sidewalk lifts and vehicle elevators, are to be provided ^appuances. 624 BUILDINGS — ORDINANCES . [art. 3. with approved safety devices attached to the bottom of the platforms and so arranged that said safety device will grip the guide from the sides to prevent spreading the latter in case any cable should break or become detached. All elevators hereafter erected or repaired, except dumb- waiters and hand lifts, or elevators used exclusively as freight elevators, shall also be provided with speed governor to operate the safeties in case the cars exceed their fixed speed. Every sidewalk elevator must have substantial guards that will prevent crushing a person between the platform and sidewalk doors. This does not apply to hand-power elevators. Machinery. Ord. 74, May 10, 1904, Sec. 43J. Ord. 185, January 6, 1905, Sec. 43J. Machinery. 66. All parts of the appliances in or about the elevator hatchways shall be strongly constructed and suitable to sustain with safety a load four times the maximum lifting capacity. All hydraulic machines are to be provided with automatic stops and slack cable stop and brakes. All connections in every case are to be securely made, and counterbalance weights are to be secured in suitable frames to prevent any section of same from becoming detached or falling. All sheaves and drums must be made of large diameter and properly grooved for the diameter of cables used. Repairs to Elevators. Ord. 74, May 10, 1904, Sec. 43K. Ord.. 185, January 6, 1905, Sec, 43K. Permit for 67. No change or alteration in any elevator or repairs- machinery, or repairs amounting to one hundred dollars ($100) or more may be made without first obtaining a permit for the same. In case of emergency, repairs may be made, but the elevator contractor or owner must notify the Inspector of Buildings within forty-eight (48) hours after said work is commenced. ART. 3 .] MISCELLANEOUS ELEVATORS — ORDINANCES. 625 Operation of Elevators. Ord. 74, May 10, 1904, Sec. 43L. Ord. 185, January 6, 1905, Sec. 43L. 68. No elevator or hoist can be operated by any person Age of oper- under eighteen years of age. Wherever any violation of this section occurs the proprietor or proprietors are responsible in the penalties named hereinafter ; provided, however, that this section shall not apply to elevators used in private residences or automatic elevators for private use. Storage of Materials. Ord. 74, May 10. 1904, Sec. 43M. Ord. 185, January 6, 1905, Sec. 43M. 69. No explosives, inflammable or suffocating materials of any kind shall be stored in any elevator shaft, and such shafts must be kept free and clear for elevator car and machinery. Signs. Ord. 74, May 10, 1904, Sec. 43N. Ord. 185, January 6, 1905, Sec. 43N. 70. All signs or posters used as notices as to safe weights and capacity of elevators must be of uniform size and character as directed by the Inspector of Buildings. Drawings and Models. Ord. 74, May 10, 1904, Sec. 430. Ord. 185, January 6, 1905, Sec. 430. 71. If required, by the Inspector of Buildings the builder of any elevator must submit drawings or models of elevators or any safety device before attaching or erecting same. submitted. Miscellaneous Elevators. Ord. 74, May 10, 1904, Sec. 43P. Ord. 185, January 6, 1905, Sec. 43P. 72. If any person, or persons or corporation desire to erect any elevator or hoist of any kind not herein provided Miscellaneous for, he, they or it must first obtain a permit for any and all cars, waiters, machinery, tackle, etc, must be subjected to 626 BUILDINGS —ORDINANCES. [art. 3. Appeal may made. Penalties. Partition fences. the approval of the Inspector of Buildings, and all power to operate same must be under the supervision and direction of the Inspector of Buildings. Appeals. Ord. 74. May 10, 1904, Sec. 43Q. Ord. 185, January 6, 1905, Sec. 43Q. 73. Should the owners, trustee or lessee of any premises where there is an elevator or hoist object to an order or decision of the Inspector of Buildings regarding an elevator or hoist in which they are interested, they may appeal from such order or decision in accordance with section 2 of this Article. Penalties. Ord. 74, May 10, 1904, Sec. 43R. Ord. 185, January 6, 1905, Sec. 43R. 74. Any one failing to comply with or in any way violating any of the provisions of this sub-division of this Article shall be subject to a fine of fifty dollars ($50), and a further sum of ten dollars ($10) a day for each and every day such non-compliance continues. This section is not to conflict with penalty provided for in section 57 of this Article. FENCES. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 36. 75. Where partition fences have been or shall hereafter be erected, in a good and substantial manner, any person or persons who shall make use of, or derive advantage from such partition fence, shall pay the owner one-half part of the value of such fence at the time he or they shall make use thereof or derive advantage therefrom; and pro- vided also, that the cost of any fence shall not exceed sixty cents per linear foot. Ord. 100, January 15, 1901, Sec. 66A. 76. No board fence, wall or other structures shall be erected, or any sign board placed upon or attached to any ART. 3 .] FIRE REGULATIONS — ORDINANCES. 627 roof or building for advertising purposes of any kind or character, when said signboard is beyond six square feet, without a permit to erect or place the same, said permit to be issued by the Inspector of Buildings. Orel. IOC, January 15, 1901, Sec. 66B. 77. No fence for advertising purposes shall be per- height of fence mitted to be erected above a height of twenty feet adjacent to and fronting upon any of the public streets of the city. Orel. 100, January 15, 1901, Sec. 66C. 78. Any person or persons violating any of the pro- visions of section 76, shall be subject to a fine of twenty- five dollars ($25) for each offense and five dollars ($5) for Ki„e for vioia- every day that said violation remains unabated after notice by the Inspector of Buildings to remove the same; any person or persons violating any of the provisions of section 77, shall be subject to the same fines as provided herein for violations of section 76. FIRE REGULATIONS. Fire Proof Shutters. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 40. 79. All stores, store-houses or warehouses, which are Fire-proof more than two stories, or above twenty-five feet in height above the curb level, which may hereafter be built, shall have doors or shutters made of fire-proof material on every window and entrance, when the same do not open on the street. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 41. 80. When in any such building the doors or shutters outside or cannot be put on the outside of such opening, they shall be put upon the inside, and if so placed, shall be hung inde- pendently of the woodwork of the window. 628 BUII.DINGS — ORDINANCE'S . [art. 3. Metal frames, etc. Floor to be constructed fire-proof. Buildings in which fire- escapes are required. Ord. 75, May 11, 1904, Sec. 42A. 81 . Where metal frames and sashes glazed with wire glass are used, the requirements as to fire shutters, as set forth in Sections 79 and 80 of this article may be omitted. Fire Proof Materials Required in Certain Buildings. Ord. 146, Octol)er 23, 1891. City Code, (1893) Art. 7, Sec. 76. Ord. 211, May 13, 1899. 82 . In any building hereafter to be erected more than three stories in height, occupied or built to be occupied as a hotel, apartment-house, tenement-house, lodging-house, boarding-house, office building, manufactory or work-shop, the floor above the cellar shall be constructed fireproof, and when the lower part is to be used for business purposes of any kind, the first floor, if there be a cellar below, and a ceiling above the store floor shall be constructed fireproof, and the hall partition and partitions from front to rear, from cellar to top of second floor beams, and the entire stairway shall be built of fireproof material. Fire Escapes and Alarms. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 78. Ord. 31, April 16, 1895. Ord. 54, March 10, 1904, Sec. 77. 83 . Any dwelling house, now erected or that may be hereafter erected or built, more than two stories in height, occupied or built to be occupied by two or more families on any one floor above the first floor, or any building already erected or that may hereafter be erected, more than two stories in height, occupied as or built to be occupied as a hotel, boarding-house, lodging-house, factory, mill, office, store, manufactory, work shop or other place of business, in which operatives are employed in any of the stories above the first story, shall be provided with such fire- escapes, alarms and doors as shall be directed and approved of by the said Inspector of Buildings, and the owner or owners of any building upon which any fire-escapes may now be or may hereafter be erected shall keep the same in ART • 3 .] SPARK CATCHERS — ORDINANCES. 629 good repair, and well painted, and no person shall at any time place any obstruction whatsoever upon fire-escapes that are now or may hereafter be erected. Precautions in Case of Fire. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 79. Ord. 54, March 10, 1904, vSec. 78. 84 . In all buildings of a public character already erected ^ or that may hereafter be erected, such as hotels, churches, character, theatres, school houses, restaurants, stores railroad depots, public halls, and other buildings used or intended to be used for purposes of public business, amusement or instruction, the halls, doors, stairways and aisles shall be so arranged as to facilitate egress in case of fire or accident^ and to afford the requisite and proper accommodation for the public protection in such cases. Ord. 31, April 16, 1895. City Code, (1893) Art. 7, Sec. 79A. 85. The Board of Fire Commissioners of Baltimore City, or its duly authorized officers or agents are directed and empowered to inspect all buildings mentioned and included in sections 82, 83 and 84 of this Article, to see that the fire-escape provisions of said sections are complied with, and that no fire-escape or any other provisions for fire protection shall Approval of hereafter be erected on or in any such building unless the m\^sionS-s. same be approved by the said Board of Fire Commissioners, who shall enforce the penalty hereinafter provided for all violations of any of the provisions of said sections or of this section. Spark Catchers. City Code, (1879) Art. 9, Sec. 13. City Code, (1893) Art. 9, Sec. 4. Ord. 49, April 11, 1900, Sec. 1. 86. All chimneys, smoke-stacks or stove-pipes connect- ed with steam bakeries, steam engines or furnaces, shall be provided, upon personal notice to the owner or agent from the Inspector of Buildings, approved by the Mayor, 630 BUII.DINGS — ORDINANCES . ART. 3. Spark-catches to be provided. Penalty. Permits for sheds. Erection of sheds. with spark-catchers, so as to prevent the cinders from annoying the citizens or endangering the property in the neighborhood, and the Inspector of Buildings shall see that this section is complied with; and, in case of non-compliance, the party offending shall forfeit and pay a fine of twenty dollars, and ten dollars for each and every day thereafter, until such order shall be obeyed. FRAME SHEDS AND WOODEN BUILDINGS. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 68. 87. It shall not be lawful for any person to erect a frame shed without obtaining a permit from the Inspector of Buildings, which will be granted under the following conditions: first, the applicant shall pay for the said permit the sum of one dollar, if the superficial area covered by the proposed shed is not to exceed fifty square feet; the sum of two dollars if such area is more than fifty and less than one hundred square feet, and an additional sum of seventy- five cents for each and every fifty or part of fifty square feet of superficial area the said shed shall cover over and above one hundred square feet; second, the shed may be open or enclosed, but in no case shall it be lathed and plastered, or lined with wood, so as to constitute a room to be occupied as an habitation. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 69. 88. Said shed shall not exceed twelve feet in height, nor have any floor or loft between the ground floor and the roof and must not connect with a frame bath-room projecting from an upper story; and special permission for higher sheds for storage or manufacturing purposes may be granted by the Inspector of Buildings, with the sanc- tion of the Mayor, upon payment of the rates mentioned in section 87, provided the application shall be advertised three times in three different daily papers before permits for such sheds shall be issued. ART. 3 .] FRAME AND WOODEN BUIEDINGS — ORDINANCES. 631 Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 70. 89. Said sheds shall not be erected within five feet of any similar construction composed wholly or partly of wood , fire, unless the side of said shed facing such structure shall be covered with fire-proof material, and in no case shall the distance dividing said structures be less than three feet. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 71. 90. Such sheds shall not be used for stables without the consent of the adjoining property owners, and all permits granted for the erection of frame sheds may be revoked, and the shed shall be remioved within thirty days after notice from the Mayor. Ord. 116, July 18, 1895. 91. All frame sheds now erected, or hereafter to be when frame erected, may be lathed and plastered or lined with wood on may be the inside ; provided, however, that a permit for same be plastered, first obtained from the Inspector of Buildings, and the work shall be done under his direction. Wooden and Frame Buildings Damaged by Fire. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 74. 92. Every wooden or frame building with a brick or Rebuilding other front, which may hereafter be damaged by fire or SSudfigs. otherwise to an amount not greater than one-half the value thereof, may be repaired and rebuilt ; but if such damage, in the opinion of the Inspector of Buildings, shall exceed one-half of the value of the building, exclusive of the foundations, then such building shall not be rebuilt, but shall be taken down ; when any owner or lessee of such building shall object to the order or decision of the Inspector of Buildings requiring such building to be taken down, he may appeal therefrom as provided by section 2 of this Article and the amount and extent’of such damage shall be determined by a commission, as defined in section 2 of this 632 BUILDINGS — ORDINANCES . [art. 3 . Height, how computed. Article ; until a decision is rendered and reduced to writing and sworn to, such building shall in no manner be repaired or rebuilt, and such decision shall be final and conclusive. HEIGHT OF BUILDINGS, STORIES AND WALLS. Height of Walls, Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 30. 93. The height of all walls shall be computed from the kerb level in front of the building and if there is a grade, the height shall be computed from the average level of such grade. Height of buildings restricted. Limiting Height of Buildings. Ord. 59, March 18, 1904. Ord. 212, May 16, 1899. Ord. 100, June 17, 1904, Sec. 2. 94. No building or buildings shall be hereafter erected over eighty-five feet in height from the established street level, unless the same are of fire-proof construction. Ord. 100, June 17, 1904. 95. Fire-proof construction means that the building shall consist of non-combustible structural materials ^firtproof°^ , throughout, with floors constructed of iron and steel beams, construction. cables or sheet metal in approved combination with Extreme height of buildings. other non-combustible materials, except that wood may be used for sub- and surface-floors, window and door frames, sashes, doors, standing finish, such as architraves or trim, hand-rails for stairs, necessary sleepers bedded in concrete or other approved non-combustible material, and for isolat- ed furring blocks bedded in the plaster. There shall be no air space behind or surrounding any wood work. Ord. 59, March 18, 1904, Sec. 3. 96. No buildings of any character shall be erected over one hundred and seventy-five feet in height from the established street level. ART. 3.] LIMITING HEIGHT OF BUILDINGS— ORDINANCES. 633 Ord. 212, May 16, 1899. Ord. 59, March 18, 1904. Ord. lOo, June 17, 1904, Sec. 6. 97 . The Inspector of Buildings, will not permit to erection of any buildings higher than eighty-five feet, unless the material used in such construction shall have been approved by him as fireproof, where fireproof is required under the definition above given of a fireproof building. Ord. 59, March 18, 1904, Sec. 7. 98 . The provisions of sections 94 and 97 of this Article ^“height?! shall apply to all buildings now existing where application J^iidkils. is made to add to their height. Ord. 146, October 23, 1891. City Code (1893) Art. 7, Sec. 65. 99 . Whenever the owner of any lot of ground is desir- Temporary ous of improving the same by the erection of a new building mechanics, or buildings thereon, the Inspector of Buildings may, in his discretion, permit the owner of such lot to put up a wooden shed on the same or neighboring lot for the use of the mechanics employed on said building while preparing their work ; provided, however, that such permission, shall not extend to a longer time than until the building proposed to be erected shall be entirely finished, at which time the owner or owners of the lot on which such shed has been put up, shall cause it to be taken down and removed. Ord. 146, October 23, 1891. City Code (1893) Art. 7, Sec. 73. 100 . If any building shall have been built before the Lowering, rais- street upon which it is located is graded, or if the grade is moval of altered, it may be raised or lowered to meet the require- ments of the grade, and no wooden building shall be removed from one lot to another without the written consent of said Inspector of Buildings first obtained therefor, and the consent of the owners of the property adjoining the site to which it is to be removed. 634 BUILDINGS — ORDINANCES. [art. 3 . Height of stories. Removal of pro- jecting foun- dation wall Fireproof pro- tection for iron or steel columns. Height of Stories. Ord. 146, October 23, 1891. City Code (1893) Art. 7, Sec. 18. 101. The height of stories for all given thicknesses of walls must not exceed eleven feet in the clear for basement, eighteen feet in the clear for the first story, fifteen feet in the clear for the second story, fourteen feet in the clear for the third story, fourteen feet in the clear for the fourth story and fourteen feet in the clear average height of upper story, and if any story exceeds these heights, respec- tively, the walls of such story and all the stories below the same shall be increased four inches in thickness additional to the thickness already mentioned. Encroachments. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 11. 102. Where a foundation wall or other obstructions project beyond division wall, or encroach upon adjoining property, upon proper notice from the Inspector of Build- ings having been given, they are to be removed within ten days, by the owner or owners of the buildings of which they form a part, unless the time be extended by the Inspector of Buildings. IRON AND STEEL CONSTRUCTION. Columns, Piers, Pillars and Posts. City Code, (1893) Art. 7, Sec 15. Ord. 63, March 21, 1904. 103. Where columns are used to support iron or steel girders carrying enclosure walls, the said columns shall be of cast iron, wrought iron or rolled steel, and on their outer and inner surfaces be constructed to resist fire by having a casing of brick work or approved fireproof mater- ial not less than nine inches in thickness on the outer surfaces, nor less than four inches in thickness on the inner surfaces, and all bonded into the enclosure walls. The sides of the iron or steel girders shall be similarly covered in with brick-work or fireproof material not less than four ART. 3 .] IRON AND STEEL CONSTRUCTION — ORDINANCES. 635 inches in thickness on the outer surfaces and tied and bonded, but the extreme outer edge of the flanges of beams or plates or angles connected to the beam, may project to within two inches of the outside surface of the casing. The inside surfaces of girders shall be similarly covered, or, if projecting inside of the wall, they may be pro- tected by terra cotta, concrete or other fireproof material. Girders for the support of the enclosure wall shall be placed at the floor line of each story. No part of a steel closure waiis. or wrought iron column shall be less than one-quarter of an inch thick. No wrought iron or rolled steel column shall have an unsupported length of more than forty times the least lateral dimension or diameter, except as modified by this Article, and also except in such cases as the Inspec- tor of Buildings may especially allow a greater unsupported length. The ends of all columns shall be faced to a plane ^ fo?fteeV?on- surface at right angles to the axis of the columns, and the connection between them shall be made with spliced plates. The joint may be effected by rivets of sufficient size and number to transmit the entire stress, and then the spliced plates shall be equal in sectional area of column applied. When the section of the columns to be spliced is such that spliced plates cannot be used, a connection of plates and angles may be used designed to properly distribute the stress. No material shall be used in any wrought iron or steel column of less thickness than one-thirty-second of its unsupported width measured between centers of rivets transversely, or one-sixteenth the distance between centers of rivets in the direction of the stress. Stay-plates are to have not less than four rivets, and are to be spaced so that the ratio of strength by the least radius of gyration of the parts connected does not exceed forty. The distance between nearest rivets of two stay-plates shall, in this case, be considered as length. Steel and wrought iron columns shall be made in one, two and three story lengths, and the materials shall be rolled in one length wherever practicable to avoid intermediate splices. Where any part of the section of a column projects beyond that of the column below, the difference shall be made up by Ailing plates, secured to column by the proper number of rivets. 636 BUILDINGS — ORDINANCES . [art. 3. Diameter and thickness of cast-iron columns. Core of columns. Blow-holes or imperfec- tions. Shoes of iron or steel, as described for cast iron columns, or built shoes of plates and shapes may be used, complying with the same requirements. Cast iron columns shall not have a less diameter than five inches or less thickness than three quarters of an inch ; nor shall they have an unsup- ported length of more than twenty times their least lateral dimensions of diameter, except as modified by this Article, and except the same may form part of an elevator inclos- ure or staircase. All cast iron columns shall be of good workmanship and material. The top and bottom flanges, seats and lugs shall be of ample strength, reinforced by fillets and brackets. They shall be not less than one inch in thickness when finished. All columns must be faced at the ends to a true surface perpendicular to the axis of the column. Column joints shall be secured by not less than four bolts, each not less than three-quarters of an inch in diameter. The holes for these bolts shall be dulled to a template. The core of a column below a joint shall not be larger than the core of the column above, and the metal shall be tapered down for a distance of not less than six inches, or a joint plate may be inserted of a sufficient strength to distribute the load. The thickness of metal shall be not less than one-twelfth the diameter of the greatest lateral dimensions of cross section, but never less than three-quarters of an inch. Wherever the core of a cast iron column has shifted more than one-fourth the thickness of the shell, the strength shall be computed, assuming the thickness of metal all around, equal to the thinnest part, and the columns shall be condemned if this computation shows the strength to be less than required by these regulations. Wherever blow-holes or imperfections are found in a cast iron column which reduces the area of the cross-section at that point more than ten per cent, such column shall be condemned. Cast iron posts or columns not cast with one open side or back, before being set up in place, shall have a three-eighths of an inch hole drilled in the shaft of each post or column by the manufacturer or contractor furnishing the same, to exhibit the thickness of the casting, and any other similar sized hole or holes which the Inspector of Buildings may ART. 3 .] IRON AND STEED CONSTRUCTION — ORDINANCES. 637 require shall be drilled in the said posts or columns by the said manufacturer or contractor at his own expense. Iron or steel shoes or plates shall be used under the bottom tier of columns to properly distribute the load on the founda- tion. Shoes shall be planed on top. In all buildings erected or altered, where any iron or steel column or columns are used to support a wall or part thereof, whether ^ to°Jn< the same be an exterior or an interior wall, and columns exigencies, located below the level of the sidewalk which are used to support exterior walls or arches over vaults, the said column or columns shall be either constructed double, that is, an outer and inner column, the inner column alone to be of sufficient strength to sustain safely the weight to be imposed thereon, and the outer columns shall be one inch shorter than the inner columns, or such other iron or steel columns of sufficient strength, and protected with not less than two inches of fireproof material securely applied, except that double or protected columns shall not be required for walls fronting on streets or courts. City Code, (1893) Art. 7, Sec. 15A. Ord. 63, March 21, 1904. 104 . Iron or steel posts or columns with one or more open sides and backs shall have solid iron plates on top of each, excepting where pierced for the passage of pipes. Rivets in flanges shall be spaced so that the least value of a rivet for either shear or bearing, is equal or greater than the increment strain due to the distance between adjoining rivets. All other rules given under riveting shall be fol- lowed. The compression flange of plate girders shall be • secured against buckling if its length exceeds thirty times its width. If splices are used, they shall fully make good Rivets, splices, the members spliced in either tension or compression. Stiffeners shall be provided over supports and under con- centrated loads. They shall be of sufficient strength as a column to carry loads and shall be. connected with a suffi- cient number of rivets to transmit the stresses into the web plate. Stiffeners shall fit so as to support the flanges of the girders. If the unsupported depth of the web plate exceeds sixty times its thickness, stiffeners shall be used 638 BUILDINGS — ORDINANCES. [art. 3. at intervals not exceeding one hundred and twenty times the thickness of the web. When rolled steel or wrought iron beams are used in pairs to form a girder they shall be connected together by bolts and iron separators at inter- vals of not more than five feet. All beams twelve inches ^ usid'in depth shall have at least two bolts to each separator. Lintels. City Code, (1893) Art. 7, Sec. 15B. Orel. 63, March 21, 1904. lintels or girders are supported at the ends by brick walls or piers they shall rest upon cut granite or bluestone blocks at least ten inches thick, or upon cast iron plates of equal strength by the full size of the bear- ings. In case the opening is less than twelve feet, the stone blocks may be five inches in thickness, or cast iron plates of equal strength by the full size of the bearings may be used ; provided, that in all cases the safe loads do not exceed those fixed by this Article. Floor or Roof Beams. City Code, (1893) Art. 7, Sec. 15C. Ord. 63, March 21, 1904. 106. All rolled steel and wrought iron floor and roof Fioor^nd roof boams usod in buildings shall be of full weight, straight, and free from injurious defects. Holes for tie rods shall be placed as near the thrust of the arch as practicable. The distance between tie rods in floors [shall not exceed eight feet, and shall not exceed eight times the depth of floor beams twelve inches and under. Channels or other shapes, where used as skewbacks, shall have a sufficient resisting movement to take up the thrust of the arch. Bearing plates of stone or metal shall be used to reduce the pressure on the wall^to the working stress. Beams rest- ing on girders shall be securely riveted or bolted to the same. Where joined on a girder, tie straps of one-half inch net sectional area shall be used, with rivets or bolts to correspond. Anchors shall be provided at the ends of all such beams bearing on walls, as required by this Article. ART. 3 .] RIVETS AND RIVETING — BOLTS — ORDINANCES. 639 C% Code, (1893) Art 7, Sec. 15D. Ord. 63 March 21 1904. 107 . All iron or steel trimmer beams, headers and taiH^rimme^^^^ beams shall be suitably framed and connected together, and all other iron work of all floors and roofs shall be strapped, bolted, anchored and connected together and to the walls. All beams framed into and supported by other beams or girders shall be connected thereto by angles or knees at a proper size or thickness, and have sufficient bolts or rivets in both legs of each connecting angle to transmit the entire weight or load coming on the beam to the supporting beam or girder. In no case shall the shear- ing value of the connection angles be less than provided for in this Article. Rivets and Riveting. City Code, (1893) Art. 7, Sec. 15E. Ord. 63, March 21, 1904. 108 . The distance from center of a rivet hole to the edge of the material shall be not less than : Vs of an inch for ^ inch rivets, of an inch for Ys inch rivets. 1-yk of an inch for ^ inch rivets. 1-Y> of an inch for ^ inch rivets. 1 -Y 2 of an inch for 1-inch rivets. Wherever possible, however, the distance shall be equal to two diameters. All rivets, wherever practicable, shall be machine driven. The rivets in connections shall be pro- portioned and placed to suit the stresses. The pitch of rivets shall never be less than three diameters of the rivet nor more than six inches. In the direction of the stress it shall not exceed sixteen times the least thickness of the outside member. At right angles to the stress it shall not exceed thirty-two times the least thickness of the outside memoer. All holes shall be punched accurately, so that, upon assembling, a cold rivet will enter the hole without straining the material by drifting. Occasional slight errors shall be corrected by reaming. The rivets shall All the holes completely. The heads will be concentric with the Distance of rivet holes from edge of material. 640 BUII^DINGS — ORDINANCES . [art. 3. Bolt connec- tions. Determining stresses on trusses. axis of the rivet. Gussets shall be provided wherever re- quired of sufficient thickness and size to accommodate the number of rivets necessary to make the connection. Bolts. City Code, (1893) Art. 7, Sec. 15F. Ord. 63, March 21, 1904. 109. Where riveting is not practicable or possible, con- nections may be effected by bolts. These bolts shall be of wrought iron or mild steel, and they shall have United States standard threads. The threads shall be full and cjean; the nut shall be truly concentric with the bolt, and the thread shall be of sufficient length to allow the nut to be screwed up tightly. When bolts go through bevel flanges, bevel washers to match shall be used, so that head and nut of bolt are parallel. When bolts are used for sus- penders, the working stress shall be reduced for wrought iron to ten thousand pounds, and for steel to fourteen thousand pounds per square inch of net area, and the load ■ shall be transmitted into the head or nut by strong washers distributing the pressure evenly over the entire surface of the same. Trusses. City Code, (1893) Art. 7, Sec. 15G. Ord. 63, March 21, 1904. 110. Trusses shall be of such design that the stresses in each member can be calculated. All trusses shall be held rigidly in position by efficient systems of lateral and sway bracing, struts being spaced so that the maximum limit of length to least radius of gyration, as hereinbefore established, is not exceeded. Any member of a truss subjected to transverse stress, in addition to direct tension or compression, shall have the stresses causing such strain added to the direct stresses coming on the member, and the total stresses thus formed shall in no case exceed the working stresses stated in this article. For tension mem- bers the actual net area only, after deducting rivet holes one-eighth inch larger than the rivets, shall be considered ART. 3 .] TRUSSES — OR DINAN CES . 641 as resisting the stress. If tension members are made of angle irons riveted through one flange only, only that flange shall be considered in proportioning areas, rivets to be proportioned as heretofore prescribed in this section; if the axis of two adjoining web members do not intersect within the line of the chords, sufficient area shall be added to the chord to take up the bending strains. No bolts shall be used in the connections of riveted trusses, excepting when riveting is impracticable, and then the holes shall be drilled or reamed. City Code, (1893) Art. 7, Sec. 15H. Ord. 63, March 21, 1904. 111. The bending stresses on pins shall be limited to pin-connected twenty thousand pounds for steel and fifteen thousand pounds for iron. All compression members in pin-connected trusses shall he proportioned, using seventy-five per cent, of the permissible working stress for columns. The heads of alley bars shall be made by upsetting or forging. No welled will be allowed in the body of the bar. Steel eye bars shall be annealed. Bars shall be straight before boring. All pin holes shall be bored true, and at right ping and pin angle to the axis of the members, and must fit the pin within one thirty-second of an inch. The distances of pin holes from center to center for corresponding members shall be alike, so that when piled upon one another pins will pass through both ends without forcing. Eyes and screw ends shall be proportioned so that upon test to destruc- tion, fracture will take place in the body of the member. All pins shall be accurately turned. Pin plates shall be pi„ plates, provided wherever necessary to reduce the stresses on pins to the working stresses prescribed. These pin plates shall be connected to the members by rivets of sufficient size and number to transmit the stresses without exceeding working stresses. All rivets in members of pin plates which are necessary to transmit stress shall also be machine driven. The main connections of members shall be made by pins; other connections may be made by bolts. If there is a combination of riveted and pin-connected members in one truss, these members shall comply with 642 BUILDINGS — ORDINANCES . [art. 3. the requirements of pin-connected trusses, but the riveting shall comply with the requirements of section 110 of this Article and all other requirements hereof relative thereto. Structural Iron and Steel. City Code, (1893) Art. 7, Sec. 15 I. Ord. 63, March 21, 1904. Cast iron or ^ ^^^t iron or motal fronts shall be backed up or metal fronts. fiPed iu with masoury, stone or other cinder concrete of the thickness provided for in this Article. All structural metal work shall be cleaned of all scale, dirt and rust and be thoroughly coated with one coat of paint. Cast iron columns shall not be painted until after inspection by the Inspector of Buildings. Where surfaces in riveted work come in contact they shall be painted before assembling. After erection, all work shall be painted with at least one Iron or steel additional coat. All iron or steel used below water level below water level. shall be enclosed with concrete to exclude the air and water to the satisfaction of the Inspector of Buildings. Party walls in such construction shall be built as hereinafter provided in this Article. LOADS ON FLOORS, WEIGHTS AND STRAINS Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 57. Spacing joists. H3. Where stud partitions are parallel with the joists, the joists supporting them are to be doubled in all cases, and shall be placed not more than sixteen inches from centre to centre, and must be all properly bridged, and all joists that are used must be sound and well seasoned. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 58. Posting of 114 . In all stores, warehouses and factories, hereafter wefghts?^^ to be erected, the weight that each floor will safely sustain upon each superflcial foot shall be estimated by an architect or builder thereof, with the date thereof, and be posted by the owner in a conspicuous place on each floor thereof, the said calculation to consider in all cases the beams as loaded in the centre. ART. 3 .] SCHEDULE OF SAFE WEIGHTS — ORDINANCES. 643 Schedule of Safe Weights. Orel. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 59. Ord. 75, May 11, 1904. 115. The schedule set forth in this section shall be the sch^edu^e^g^ minimum allowance for safe weights of materials and con- struction used in the various classes of buildings erected or to be erected in the City of Baltimore. 1. The ‘ dive load' ’ shall consist of all ‘ ‘loads" other than Live load to • 1 r* • 1 • • 1 consist of. those due to the weight of materials entering into the permanent structure. 2. The minimum “live loads" for floors of different Mimmum live classes of buildings shall be as follows: Dwellings, 60 lbs. per square foot. Lodging houses, apartment houses, tenements, hotels, etc., 60 lbs. per square foot. Office buildings: (a) Concentrated load on 6 sq. ft. any place, 1,500 lbs. per square foot, (b) Uniformly distributed load, 75 lbs. per square foot. Public assembly rooms, churches theatres, schools, with fixed seats, 75 lbs. per square foot. Assembly rooms, without fixed seats, ball rooms, gym- nasiums, armories, etc. , 125 lbs. per square foot. Stables and carriage houses, 100 lbs. per square foot. Light manufactories, retail stores and light storehouses, 125 lbs. per square foot. Heavy storehouses, warehouses, factories, 175 lbs. per square foot. Sidewalks, 200 lbs. per square foot. 3. The floors shall be designed to carry the actual weight Floors, of such heavy pieces of machinery, boilers, or concentrated loads which will be placed thereon, but in no case shall the live loads be taken less than given above. In case of structures carrying traveling machinery, such as cranes, conveyors, etc. , 25 per cent, shall be added to the maximum 644 BUILDINGS — ORDINANCES . [art. 3. weight intended to be carried, in order to provide for effects of impacts and vibrations. ^fou“dltiS?s 4. For columns and foundations of buildings over five of buildings. height, the live loads given in sub-division 2 may be reduced as follows, storage warehouses and factories excepted: (a) Top floor, no reduction. (b) For each succeeding lower floor a reduction of 5 per cent, until 50 per cent, is reached. This 50 per cent, is to be used for each remaining floor. 5. A wind pressure of 30 lbs. per square foot shall be assumed as acting horizontally in either direction on the exposed surfaces of the sides or ends of buildings. 6. Ordinary roofs, spans 50 feet and under, shall be proportioned to carry the following loads per square foot of exposed surfaces, applied vertically, to provide for dead and live loads combined: (a) Gravel or composition roofing on boards, 45 lbs. ; on 3-inch tile or concrete, 55 lbs. (b) Corrugated iron sheeting, on boards or purlins or tin, 40 lbs. (c) Slate, on boards, 50 lbs. ; on 3-inch flat tile or con- crete, 65 lbs. (d) Tile, or steel purlins, 55 lbs. 7. Large roofs, such as train sheds, armories, public halls, etc., with spans over 50 feet, shall be proportioned to carry, in addition to the dead load. (a) A live load of 15 lbs. per square foot for all slopes under 35 feet. (b) A live load of 10 lbs. per square foot for all slopes between 35 feet and 45 feet. (c) A horizontal wind pressure of 30 lbs. per square foot of the vertical projection of the exposed surface. wind pressure. Ordinary roofs. Roofing, sheathing, slate, etc. Large roofs. ART. 3 .] SAFES, MACHINERY AND WEIGHTS — ORDINANCES. 645 Ord. 75, May 11, 1904, Sec. 59A. 116. The owner or owners of any property in which owners shaii . post maxi- goods of any kind are stored or kept for sale, or any weights imposed other than ordinary furniture, shall have posted in a conspicuous place the maximum safe load that may be allowed. Said strengths to be computed by some compe- tent person whose name must be attached to the poster, and the owner to be held as the responsible person in case of accident from underestimated capacities. Safes, Machinery and Weights. Ord. 63, March 21, 1904, Sec. 27A. 117. No safes, machinery or other weights can bepiacmgof placed upon any floor of any building without first obtain- ing a permit from the Inspector of Buildings. Ord. 146, October 23, 1891. City Code. (1893) Art. 7, Sec. 60. 118. In all calculations of the strength of materials to be proportion used in any building, the proportion between the safe weight and breaking weight shall be as one to four for all beams, girders and other parts subjected to a cross strain, and shall be as one to six for all posts, columns and other vertical supports, as also, for all tie rods, tie beams, and other parts subjected to a tensile strain, and the requisite dimensions of each piece of material are to be ascertained by computation by the rules of standard authors on the strength of materials, using for constants in the rules only such numbers as have been reduced from actual experi- ments on materials of like kinds with that proposed to be used. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 61. 119. Before any iron column, post, beam, lintel or Manufacturers girder intended to support a wall built of brick or stone, or etc^'^Ytlmp any floor or part thereof, or to span any opening over eight feet in length, in any building hereafter to be erected or altered, shall be used for that purpose, the manufacturer 646 BUII.DINGS — ORDINANCKS . [art. 3. or founder thereof shall have the same computed as in section 118, and shall have the weight that each of the said columns, posts, beams, lintels or girders will safely sustain properly stamped or cast, in a conspicuous place thereon, together with the name of the said manufacturer or founder ; and no greater weight shall be placed upon any column, post, beam, lintel or girder than the same shall be so marked as being capable of sustaining. NUMBERING HOUSES. City Code, (1879) Art. 7, Sec. 22. City Code, (1893) Art. 7, Sec. 95. Ord. 59, July 10, 1897 Relating to 120. It shall be the duty of the Inspector of Buildings irregularities whcn any crror or irregularity exists in the numbering of m num er other buildings, or when they are without num- bers, in any street, lane, court or alley in the City of Baltimore, to notify the owner or owners of said house or other building of said error or irregularity in, or said ab- sence of a number, and he shall further notify and desig- nate to said owner or owners what the correct number of said house or other building shall be ; no builder, owner, occupier or other person shall place a number on any new building, or alter the number of any old building, until the Inspector of Buildings shall have designated what the cor- rect number of such building shall be ; should any owner or owners of any house or other building fail to affix a number plate containing the correct number of said house or other building, as ordered by the Inspector of Buildings, upon the front of said house or other building so that same can be read from the highway, within ten days after re- ceiving said notice, he, or they, shall be subject to a penalty of ten dollars ($10) for each offence ; and to an additional fine of five dollars ($5) for every day that such violation shall continue ; and any person or persons failing to comply with any of the requirements herein contained, or who may violate any of the provisions of this section, shall be Penalty. subject to a like penalty of ten dollars ($10) for each offence, and to an additional fine of five dollars ($5) for every day that such failure or violation shall continue. [art. 3. ROOFS — SCUTTLES — ORDINANCES. 647 ROOFS, CORNICES AND SCUTTLES. Roofs. Orel. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 63. 121 . The planking and sheathing of the roof of every building hereafter to be erected or altered, as aforesaid, roofing, shall in no case be extended across the front, rear, side, end or division wall thereof, and every such building, and the tops and sides of every dormer window thereon, shall be covered with slate, tin, zinc, iron, copper, or such other equally fire-proof material as the Inspector of Buildings, under his certificate, may authorize, and the outside of every dormer window hereafter placed upon any building, as aforesaid, shall be made of some fire-proof material, and wooden buildings which shall require roofing shall not be roofed with any other roof covering except as aforesaid. Nothing in this section shall be construed to prohibit the repairing of a shingle roof, provided the repairs do not amount to over one-half of the value of said roof, in which case the whole must be replaced with some fire-proof material. All buildings shall be kept provided with proper metallic leaders for conducting water from the roof to the ground, gutters or sewers, in such manner as shall protect the walls and foundation from damage. Scuttles. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 64. 122 . All buildings hereafter to be built shall have Exits through scuttle frames and covers, or bulkheads and doors, and be covered with some fire-proof material, to open outward ; and scuttles shall have stationary ladders leading to the same, and all such scuttles and ladders shall be kept so as to be ready for use at all times ; all scuttles shall be in size of opening at least two (2) feet by three (3) feet, and if a bulkhead is used in any building in place of a scuttle, it shall have stairs with a sufficient guard or hand rail lead- ing to the roof, and in case the building be a tenement house, the doors or covers to scuttles or bulkheads shall at no time be locked, but may be secured by bolts or hooks on the inside. 648 BUII.DINGS — ORDINANCES . [art. 3. Exterior cornices and gutters to be fireproof. Metal cornices to balance within wall. Wooden cornices damaged by fire. Metal cornices look-outs for, Rooms in tenement or lodging houses. Cornices and Gutters. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 62. 123. All exterior cornices and gutters hereafter erect- ed shall be of some fire-proof material, and in every case, except where sheet metal is used, the greatest weight of the material of which the cornice shall be constructed, shall be on the inside of the outer line of the wall, allow- ance being made for the leverage produced by the projec- tion of the cornice beyond the face of the wall, and in all cases the walls shall be carried up to the upper side of roof planking, and where the cornice projects above the roof, the wall shall be carried to the top of the cornice ; and all exterior wooden cornices that may now be, or shall here- after become unsafe, shall be taken down, and if replaced, shall be constructed of some fire-proof material. All exterior wooden cornices or gutters that may hereafter be damaged by fire or by decay to the extent of one-half the value thereof, shall be taken down, and if replaced shall be constructed of some fire-proof material ; but if not damaged to this extent, may be repaired with the same material of which originally constructed. Ord. 59, March 18, 1904. 124. ‘‘Look-outs’’ for all metal cornices shall be of metal. SANITARY AND HYGIENIC REGULATIONS Tenement, Lodging and Apartment Houses. Ord. 79, June 4, 1886. City Code, (1893) Art. 23, Sec. 26. 125. Every house or building which is used, occupied, leased or rented for a dwelling, tenement or lodging-house shall have in every room which is occupied as a sleeping room, and which does not communicate directly with the external air, a ventilating or transom- window, having an opening or area of three (3) square feet over the door leading into and connected with the adjoining room, if such ART. 3 .] SANITARY REGULATIONS — ORDINANCES. 649 adjoining room communicates with the external air, and also a ventilating or transom- window of the same opening or area communicating with the entry or hall of the house, or, where this is, from the relative situation of the rooms, impracticable, such last-mentioned ventilating or transom- window shall communicate with an adjoining room that itself communicates with the entry or hall. Every such house or building shall have in the roof at the top of the hall an adequate and proper ventilator of a form approved by the Inspector of Buildings and the Commissioner of Health. Orel. 79, June 4, 1886. City Code, (1893) Art. 23, Sec. 27. 126. The roof of every such house shall be kept good repair, so as not to leak ; and all rain-water shall be so drained or conveyed therefrom as to prevent its dripping on the ground or causing dampness in the walls, yards or areas. Ord. 79, June 4, 1886. City Code, (1893) Art. 23, Sec. 28. 127. Every dwelling, tenement or lodging-house shall pHvies in be provided with good and sufficient privies or water- such houses, closets ; such privies or water-closets shall not be less in number than one to every twenty occupants of said house; but privies and water-closets may be used in common by the occupants of any two or more houses ; provided the access is convenient and direct, and provided the number of occupants in the houses for which they are provided shall not exceed the proportion above required for every privy or water-closet. No privy- well shall be allowed in or under or connected with any such house, except when it is unavoidable and in such case it shall be constructed in such situation and such manner as the Commissioner of Health may direct ; it shall, in all cases, be water-tight, and so constructed that no offensive smell or gases shall be allowed to escape therefrom ; the yard or area shall be so graded that all water from the roof or otherwise shall flow freely from it and all parts of it into the street gutter. 650 BUILDINGS — ORDINANCES . [art. 3. Ord. 79, June 4, 1886. City Code, (1893) Art. 23, Sec. 29. 128. No owner or owners or lessee of any building rent, let, hire out, or allow to be used as or for a place of sleeping or residence any portion or apartment of any building which portion or apartment has not at least three feet of its height and space above the level of every part of the sidewalk and kerb-stone of any adjacent street. Damp floor, nor of which the floor is damp by reason of water from the ground, or which is impregnated or penetrated by any offensive gas, smell, or exhalation prejudicial to health ; but this section shall not prevent the leasing, renting or occupancy of cellars or rooms less elevated, than aforesaid, and as a part of any building rented or let when they are not let or intended to be occupied or used by any person as a sleeping apartment. Ord. 79, June 4, 1886. City Code, (1893) Art. 23, Sec. 30. No over-crowd- 129. No owner, lessee, or keeper of any tenement, boarding or lodging-house shall cause, or allow the same to be over-crowded, or cause or allow too great a number of persons to dwell, be, or sleep in any such house, or portion thereof, as thereby to cause any danger or detriment to life or health. Sinks and Cesspools. Res. 142, May 4, 1882. City Code, (1893) Art. 7, Sec. 111. sin^ks^of^pubiic 130, The duty of emptying and cleaning the sinks attached to the public schools in the City of Baltimore, heretofore imposed upon and under the control of the Health Department, is hereby transferred to the Inspector of Buildings. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 83. Cesspools. 131. Every well used as a cesspool shall be covered with stone not less than four (4) inches thick, or with iron not less than one (1) inch thick, and shall be at least six feet deep, and walled up with brick or stone, well and ART. 3 .] SIDEWALKS — STABLES — ORDINANCES. 651 satisfactorily built ; when said well is used as a privy it shall be covered the full length and width of the floor of such privy with material and thickness as above stated, and in all cases said wells or privies shall be water-tight. Wooden Buildings Below Street Level. City Code, (1879) Art. 23, Sec. 29. City Code, (1893) Art. 23, Sec. 45. 132. All wooden buildings that are now or may '^bSud’ings to after be below the level of the brick pavements or streets, be raised up. shall be raised up and underpinned with brick or stone, and all persons refusing or neglecting to obey the directions of the Commissioner of Health in the premises, shall for- feit and pay a penalty not exceeding twenty dollars, and five dollars for each and every day during the continuance of such neglect or refusal ; provided he, she or they, receive one month's notice from the Commissioner of Health to complete the same. SIDEWALKS. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 82. 133. All sidewalks shall have a fall towards the Sidewalks, kerbstone, said fall not to exceed one-half (i) inch to one foot, and the sidewalk at the kerb not to be raised more than one-half (J) inch above the kerb. City Code, (1879) Art. 7, Sec. 35. City Code, (1893) Art. 7, Sec. 103. Ord. 116, July 18, 1895. Sec. 1. 134. It shall not be lawful for any person to erect an permit from awning without first obtaining a permit for same from the Lu1?dSlS°^ Inspector of Buildings, for which permit the applicant shall pay the sum of four dollars ($4) . STABLES. City Code, (1879) Art. 8, Sec. 38. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 81. City Code, (1893) Art. 8, Sec. 39. 135. No person or persons or body corporate shall i^wery stabies. hereafter erect, or cause to be erected, or alter, or cause 652 BUILDINGS — ORDINANCES . [art. 3. Consent of M. & C. C. of Baltimore necessary. Publication of appli- cation. Penalties. Motive power may be installed in buildings. to be altered, or occupy or use any building for a stable, for the keeping of horses, carriages and wagons, commonly known as a club, livery, hiring, sale or exchange stable within the city limits, without first obtaining the consent of the Mayor and City Council of Baltimore; no building which is now occupied or may hereafter be occupied as such shall be altered or enlarged, without the consent of the Mayor and City Council of Baltimore first having been obtained. City Code, (1879) Art. 8, Sec. 39. City Code, (1893) Art. 8, Sec. 40. 136. Notice of all applications for permission to erect livery, hiring or sale stables, or to alter buildings to be used for that purpose within the city limits, shall be inserted three times a week in two or more of the daily newspapers published in the city of Baltimore, two weeks previously to making such application. City Code, (1879) Art. 8, Sec. 40. City Code, (1893) Art. 8, Sec. 41. 137. For any and every violation of the provisions of the two next preceding sections, the party or parties so violating, shall forfeit and pay the sum of two hundred dollars, and a further sum of fifty dollars, for each and every week thereafter until the stable or stables so erected or altered shall be removed outside of the city limits, torn down, or ceased to be used for that purpose; the said fines and forfeitures to be recovered as other fines and forfeit- ures are now recoverable. STEAM, GAS AND GASOLINE ENGINES AND MACHINERY. Ord. 26. March 29, 1881. City Code, (1893) Art. 7, Sec. 106. Ord. 97, December 24, 1900. 138. The Inspector of Buildings, with the Mayor^s approval, is hereby authorized and empowered to grant a permit to any person or persons applying to place a steam power boiler or engine, and machinery operated by steam power, gas, gasoline or any other motive power of any kind whatever in his, her or their premises upon complying with the provisions of this sub-division of this Article. ART. 3 .] ENGINES AND MACHINERY — ORDINANCES. 653 City Code, (1879) Art. 7, Sec. 46. City Code, (1893) Art. 7, Sec. 107. Ord. 97, December 24 , 1900 . Ord. 92, June 13. 1904. 139. Before any permit shall be granted, application must be made to the Inspector of Buildings, the said application to be made by the person or persons or corpora- tion, on blanks which will be furnished at the office of the Inspector of Buildings. In filling out said application, a full description of the premises in or on which it is to be placed, used or attached shall be given, and the applicant or applicants shall also state the character of machinery to be placed therein, with its power specifically designated, and shall also answer all the questions which may be set forth upon the blank as furnished by the Inspector of Buildings. Ord. 92, June 13, 1904. Sec. 107A. 140. If the said application describes the power of the proposed boiler as being of sufficient capacity to run an engine, dynamo or other machinery of more than twenty horse-power, there shall be attached to said application, in addition to the matters above set forth, the following affidavit, sworn to by the person or persons, or corporation who are to own, lease or control the said machinery, before a justice of the peace or notary public of the State of Maryland, in and for Baltimore City: “I hereby make oath that during the time when the machinery described in the above application is in regular use, it shall be always in the actual charge of a competent engineer. ’ ' City Code, (1879) Art. 7, Sec. 47. City Code, (1893) Art. 7, Sec. 108. Ord. 97, December 24, 1900. 141. The Inspector of Buildings shall have inserted in one daily paper three times within the period of one week, notice of said application, naming a day and hour therein previous to which written protests or complaints may be filed. Should no written protests or complaints be received, the Inspector of Buildings, after being satisfied that all conditions are favorable, shall issue the permit, after signing it himself, and having the Mayor ^s approval indorsed upon it. Permit. Affidavit, when re- quired with permit. Publication of appli- cation. Prote.st may be filed. 654 BUILDINGS — ORDINAISCES. [art. 3. Forfeit for not securing permit for power. Forfeit for not securing permit for boiler of more than twenty horse-power. Should any written protest be filed, the Inspector of Build- ings shall investigate the same, and if in his opinion, the objections are not well taken, he may, in the exercise of his discretion, grant the permit for the same, with the Mayor’s approval, notwithstanding the protest which may have been filed to the granting of the same. When application is made for a permit, a sum sufficient to cover the cost of advertisement shall be deposited with the Inspector of Buildings. City Code, (1879) Art. 7, Sec. 48. City Code, (1893) Art. 7, Sec. 109. Ord. 97, December 24, 1900. Ord. 92, June 13, 1904. 142. Any person or persons who shall introduce steam, gas or gasoline for power uses, or any other motive power or an engine or machinery operated by such power on his, her or their premises, without first filing an application for a permit in the manner and form as prescribed in section 139 of this Article and obtaining such permit shall forfeit and pay a fine of twenty-five dollars, and ten dollars additional for every day the same shall remain without such permit ; said permit to be revocable by the Inspector of Buildings upon the approval of the Mayor ; and the machinery, upon said permit being revoked, shall be removed within three months after notice from the Inspector of Buildings, approved by the Mayor, unless an appeal be taken as provided by section 2 of this Article. A failure on the part of any person or persons taking such appeal to comply with the requirements of the arbitrators upon the determination of such appeal, shall subject such person or persons to the same penalties as are provided in this section for the introduction of power without a permit. Ord. 92, June 13, 1904, Sec. 109A. 143. Any person or persons who shall introduce a boiler for the operation of an engine, dynamo or other machinery of more than twenty horse-power without first obtaining a permit for the same in manner and form as set forth in section 139, and shall fail to make and attach to ART. 3 .] ENGINES AND MACHINERY — ORDINANCES. 655 the application therefor the affidavit prescribed by sec- tion 140 of this Article, such person or persons shall forfeit and pay a fine of twenty-five dollars, and ten dollars additional for every day the same shall remain without a permit ; said permit to be revocable by the Inspector of Buildings, upon approval of the Mayor ; and the machinery, upon said permit being revoked, shall be removed within three months after notice from the Inspector of Buildings, approved by the Mayor, unless an appeal from the order of the Inspector of Buildings requiring such removal be taken as provided by section 2 of this Article. Ord. 92, June 13, 1904, Sec. 109B. 144 . Any person obtaining a permit involving the use Penalties for of power to which the provisions of section 140 are apph- ^th permit cable, who shall at any time be guilty of a violation of the removed, oath, as set forth in section 140, shall forfeit and pay a fine of not less than five and not more than one hundred dollars for the first offense ; not less than twenty-five and not more than one hundred and twenty-five dollars for the second offense ; and should the said violation be the first or any subsequent offense, the Inspector of Buildings, in his dis- cretion, if the conditions render such action advisable, shall, in addition to the fine imposed, revoke the said permit, (if such revocation shall be approved by the Mayor) , and the machinery, upon said permit being revoked, shall be removed within three months after notice from the Inspector of Buildings, approved by the Mayor. City Code, (1879) Art. 7, Sec. 49. City Code, (1893) Art. 7, Sec. 110. Ord. 97, December 24, 1900. 145 . Any person or persons who may have, or shall . , 1 J} 1 • • • 1 C 1 Proviso for hereafter obtain, permission tor the use of power under changes, the provisions of sections '138 to 141, inclusive, of this Article, and desiring to change to greater or less capacity, shall, before making any such change, proceed as in case of a new instalment, and any violation of this section will subject the offender to penalty, as provided in the next preceding section. 656 BUII.DINGS — ORDINANCES . [art. 3. Storage-tanks. Ten pound pressure boilers. Penalty for non-obser- vance. Ord. 97, Dec. 24, 1900, Sec. IIOA. 146 . The gasoline power, as named in sections 138 to 145, inclusive of this Article is not to conflict or nullify any existing ordinances regarding storage tanks for gasoline for gasoline engines. Ord. 97, Dec. 24, 1900, Sec. HOB. 147 . Permits may be granted by the Inspector of Buildings for low-pressure steam boilers used for heating purposes only, in all cases where the power does not exceed ten pounds of pressure. The application shall be made in the same m^anner for the placing of low-pressure steam boilers as required for all other steam boilers under the provisions of sections 138, 139 and 140 of this Article, except no advertisement will be necessary before the issuance of the permit. Ord. 97, Dec. 24, 1900, Sec. HOC. 148. Any person or persons placing upon their premises any low-pressure steam boiler, used for heating purposes as hereinbefore designated, without having first obtained a permit therefor, will be subject to a fine of twenty dollars, • ($20) and an additional fine of five dollars ($5) for each and every day thereafter, until the permit is obtained. If any person or persons having a low-pressure boiler or boilers, for which a permit has been properly issued, for heating purposes make any attachment for power purposes, or run any machinery of any kind whatever by said boiler, they shall be subject to a fine of five hundred dollars, ($500) and ten dollars ($10) additional for every day such attachments are permitted to remain connected. Ord. 97, Dec. 24, 1900, Sec. HOD. 149 . If any person or persons or corporation, after having placed a low-pressure boiler upon his, their or its premises, as hereinbefore provided for, shall cause or allow [art. 3. CONDEMNED BUILDINGS — ORDINANCES. 657 the pressure upon said boiler to exceed ten pounds, he, they or it shall be liable to a fine of one hundred dollars ($100) for each offense. UNSAFE AND CONDEMNED BUILDINGS. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 94. Ord. 82, July 25, 1902. 1 50 . If any wall or building, or any part of any struct- ure of any kind, shall from any cause whatever be in a condition as to be a menace to the safety of persons or property, it shall be the duty of the Inspector of Buildings, as the head of the third Sub-Department of Public Safety, unsafe to give notice in writing to the owner or owners of such duty of unsafe conditions, or to his, her or their agents or repre- Buildings, sentatives, and require the same to be made safe and secure or removed, as speedily as in the judgment of the Inspector of Buildings the emergency of the case demands ; and it shall be the duty of such person or persons, whether owner, agent or representative, to comply with such notice from the Inspector of Buildings, and any failure or neglect so to do shall subject the owner, agent or representative to a fine of twenty dollars, ($20) and an additional fine of ten dollars ($10) for each and every day there is a contin- uance of such failure or neglect ; this however does not exclude any owner, agent or representative from any right of appeal from the decision of the Inspector of Buildings, as provided for in section 2 of this Article. Orel. 81, May 27, 1895. Ord. 82, July 25, 1902, Sec. 94A. 151. If any wall or building or any part of any structure proceedings of any kind shall be in a condition as described in section 150, and the notice from the Inspector of Buildings as therein required having been served, and a failure or neglect to comply with said notice continue at the expiration of the time stated in said notice within which said repairs, secur- ing or removing shall proceed, the Inspector of Buildings shall, in addition to the penalty stated in section 150, cause ^pdsred°in^ a poster to be placed in some conspicuous place on the 658 BUILDINGS — ORDINANCES . [art. 3 premises notifying all persons interested that a notice having been given in accordance with section 150 of this Article and the same having been disregarded or neglected, the Inspector of Buildings, representing the Mayor and City Council of Baltimore, will proceed, at the expiration of ten days from the date of said poster, to make the premises safe and secure to persons and property in what- ever way may be necessary so to do, and whatever expense shall be incurred in any proceeding called for under this sub-division of this Article the same shall be paid by the City Register out of any unappropriated money in the treasury, and any or all parties interested in the premises shall become indebted to the Mayor and City Council of Baltimore for the full amount expended; and the claim shall become a lien on the entire lot within the described bounds of the premises, and all property on said lot, and ^eSpensesto should the indebtedness not be paid to the Comptroller afte?oSe^^'^ wlthin One year from incurring the expense, the Comptrol- year. shall place the claim in the charge of the City Solicitor for foreclosure and recovery of the money, including all costs and interest.** Ord, 82, July 25, 1902, Sec. 94B. 152 . The Inspector of Buildings shall secure the Approval of approval of the Mayor before proceeding to remove or Mayor. socuro any premises as required in section 151. Ord. 82, July 25, 1902, Sec. 94C. 153 . Should any special emergency occur, where the delay of proceeding, as required by sections 150, 151 and 153, of this Article, would result in loss of life or property and immediate action would be necessary, the Mayor shall have the power to direct the Inspector of Buildings to pro- ^ ceed at once to take such action as is needed to guard the safety of persons and property, and should it become **NoTE. — The lien created the provisions of this section is now valid and enforceable under the provisions of the Act of 1906, re-enacting section 6 of the City Charter, title “General Powers,” sub-title “Build- ings,” ante. ART. 3 .] VAULTS AND AREAS — ORDINANCES. 659 necessary on accoyint of great risks in approaching, to demolish or throw any wall or structure, the city and its officers shall be harmless from any damage that might occur from such necessary demolition, and the whole risk to be on the owner, owners or representatives of the defective property. VAULTS AND AREAS. Orel. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 23. 154. No person or persons shall construct, or cause to permits for be constructed, any vault or area- way in any of the streets, Iteas^. lanes or alleys of the city, before the same shall have been approved by the Board of Estimates and a permit therefor issued by the Inspector of Buildings. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 24- 155. Every application for permission to erect such AppHcation vault or area shall be made to the Board of Estimates through the Inspector of Buildings, said application to be on the blank forms prepared for the purpose properly filled in and signed by the person making the same and shall be completed and the ground closed over them within three weeks after they are commenced, unless the Inspector of Buildings extends the time for the completion of same, which he is hereby authorized to do in cases where he may deem the same necessary and expedient. The person applying shall pay (upon being notified by the Inspector of Buildings of the approval of the application) to the Comptroller the charges placed by the Board of Estimates before the permit can be issued. Should such vault or area be constructed larger than the size stated in the application said permit shall become null and void or subject to what- ever action the Board of Estimates shall decide. In no case shall the walls of said vault be less than eighteen inches thick, and shall be of such increased thickness as in the judgment of the Inspector of Buildings the length and depth of the vault shall require. 660 BUII.DINGS — ORDINANCES . [art. 3. City Code, (1879) Art. 47, Sec. 104. City Code, (1893) Art. 48, Sec. 121. E Very description of Opening bclow the surfacc of vault or area. Street, in front of any shop, store, house or other building, whether covered or open, except cellar doorways and cellar steps, shall be considered and held to be a vault or area within the meaning of this Article. City Code, (1879) Art. 47, Sec. 105. City Code, (1893) Art. 48, Sec. 122. 157. All entrances to the cellars or basements of any store or dwelling house, in any street, lane or alley of the Entrances to city, which has steps descending below the level of the side- basements, walk shall be covered, when not in actual use, with good and covered or sufficient iron or wooden doors or grates, on or above the enclosed. sidewalk, or be surrounded with good and sufficient wood or iron railings, of a height sufficient to pre- vent danger to the lives or limbs of persons who may be passing along said street, lane or alley ; and any person violating this section shall pay a fine of ten dollars ($10) for each and every offence, and a further fine of five dollars ($5) for every ten days such entrance shall remain without such door or railing, after the first conviction. City Code, (1879) Art. 47, Sec. 110. City Code, (1893) Art. 48, Sec. 127. Precautions 158. The owner or occupant of any house or lot before accident dur which any vault or opening for cellar doors, areas or steps tfon^S'iau'itsis being constructed, shall fence off the pavement on the or areas. left of the improvement, and during the whole of every night whilst such vault or opening is uncovered or unenclosed, cause a lighted lamp or lantern to be placed at some convenient spot, so as to cast its light upon such vault or opening, under the penalty of five dollars ($5) for each and every night, or part of a night, during which such lamp or lantern shall be neglected to be placed, kept or lighted as aforesaid. City Code, (1879) Art. 47, Sec. 106. City Code, (1893) Art. 48, Sec. 123. 159 . All cellar doors, the construction of which shall be authorized by law, shall not be altered or repaired except ART. 3 .] WALLS OF BUILDINGS— ORDINANCES. 661 in conformity with the requirements of the permit obtained from the Inspector of Buildings authorizing such alteration and repair of or repairs ; if any person shall refuse or neglect to conform to any of the provisions of this section he or she shall forfeit and pay the sum of five dollars for each offence and one pe„aity. dollar for every day thereafter until such provisions are complied with. City Code, (1879) Art. 47, Sec. 109. City Code, (1893) Art. 48, Sec. 126. 160. The coverings of all vaults or apertures placed in the foot ways in the several streets, lanes or alleys of the fP^Yway?.'“ city under authority of law, shall be constructed as required by the permit authorizing their construction and shall be maintained thereafter in conformity with the requirements of such permit; a violation of any of the provisions of this section shall subject the person or persons or corporation so offending, to a penalty of ten dollars, and a further pen- alty of one dollar for each day such coverings shall remain after notice in writing given by the City Engineer. WALLS OF BUILDINGS. Footings of Walls. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 12. 161. The footing or base courses under all foundation Base courses, walls, piers, columns, posts or pillars resting on the earth, shall be of brick, stone or concrete, and if under water, wood may be used, and if brick or concrete be used under a foundation wall, if practicable, it shall be at least twelve inches wider than said walls, and if under piers, columns, posts or pillars shall be at least twelve inches wider on all sides than the bottom of said piers, columns, posts or pillars, and not less than sixteen inches in thickness ; if built of stone, the stones thereof shall not be less than three by three feet, and at least six inches in thickness, and all base stones shall be well bedded and laid edge to edge, and if the walls be built of piers, and the nature of the soil and requirements of the superstructure render it necessary, then there must be inverted arches at least 662 BUILDINGS — ORDINANCES . [art. 3. Outside or division walls. Foundation walls. Rock bottoms Excavations. twelve inches thick turned under and between the piers, or two footing courses of large stone at least eight inches thick in each course. Foundation and Division Walls. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 3. 162 . All buildings hereafter erected within the said building limits defined in section 4 of this Article shall have all outside or division walls constructed of stone, brick, iron or other non-combustible material, properly bonded and solidly put together and all such walls shall be built to a line and carried up plumb and straight, and the several component parts of such buildings shall be constructed in such manner as herein provided. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. A. 163 . All foundation walls shall be laid not less than three feet below the exposed surface of the earth on a good, solid bottom ; and in case the nature of the earth should require it, a bottom of driven piles, flagstones, concrete or laid timbers, of sufficient size and thickness, shall be laid, to prevent the walls from settling ; and all piers, columns, post or pillars resting on the earth shall be set upon a bottom in the same manner as the foundation walls. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 5. 164 . Whenever the foundation wall or walls of any building that may hereafter be erected shall be placed on a rock bottom, the said rock shall be benched or leveled to receive the same ; and all excavations upon the front or side of any lot adjoining the street shall be properly guarded and protected by the person or persons having charge thereof, so as to prevent the same from being or becoming dangerous to limb or life. ART. 3 .] PARTY WALLS — ORDINANCES. 663 Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 6. 165. Whenever the owner or owners of property wish to excavate to a depth not exceeding ten feet below the top of the kerb in front of the wall to be underpinned, and f^et. there shall be any party or other walls wholly or partly upon adjoining land, and standing upon or near the boundary line of said lot, and the owner or owners refuse to underpin or protect said walls after having had notice of twenty-four hours from the Inspector of Buildings so to do, he may enter upon the premises and employ such labor and take such steps as in his judgment may be necessary to make the same safe and secure, or to prevent the same from becoming unsafe or dangerous, at the expense of the person or persons owning said wall or building of which it may be a part ; and any person or persons doing said work, or any part thereof, under and by the direction of the Inspector of Buildings may bring and maintain an action against the owner or owners, or any one of them, of the said wall or building of which it may be a part, for any work done or materials furnished in and about the said premises, in the same manner as if he had been employed to do the work by the owner or owners of the premises. Party B^aZZs.* Orel. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 7. 166. When parties building wish to excavate in depth underpinning exceeding ten feet, they shall notify the property owners Tav^tfon^'is adjoining of the depth they wish to excavate and they shall reimburse the owners of adjoining wails for the expense which the same may incur below the depth of ten feet, and the party causing such excavation to be made may recover compensation from the adjoining owner in case such adjoining owner should at any time thereafter make any use of said foundation walls below said ten feet below grade. ‘Note. — As to party walls, see Serio v. Murphy, 99 Md. 545. 664 BUII.DINGS — ORDINANCES. [art. 3. Repair or removal of party walls. Use of party walls. Expense. New wall. Orel. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 8. 167 . The Inspector of Buildings shall, upon the applica- tion of any owner or owners of any building, or their authorized agents, examine any or all existing party walls, and if they are deemed by him to be defective, out of repair or otherwise unfit for the purpose of new buildings about to be erected, such party wall or walls shall be re- paired, or made good, or taken down by the parties building, as the decision of the Inspector of Buildings may be, the cost and expense of which repair or removal, together with the expense of the new wall or walls to be erected in lieu thereof, shall be borne and paid exclusively by the parties building, and they shall also make good all damages occasioned thereby to the adjoining premises. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, vSec. 9. 168. When the owner or owners of adjoining property wish to use a larger portion of said new wall or walls than that occupied by the building at the time when the said new wall or walls were built, as explained in section 167 of this Article, they may use the entire new wall or walls, or any portion thereof but in no case shall they insert their joist beyond the party lines, provided that they reimburse the owners of the said new wall or walls for that portion used in excess of the space occupied by the said building when the said wall or walls were built, at the rate of one- half the cost of that portion of the wall which is so used, providing it does not exceed one-half the cost of an eighteen-inch wall, at a fair valuation by disinterested parties, when the said wall or walls are used. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 10. 169 . If, in such case, the owner or owners prefer to build an independent new wall of their own by the side of the old party wall, they shall be relieved from all expense incurred in repairing the old wall. ART. 3 .] CONSTRUCTION OF WAULS — ORDINANCES. 665 Thickness and Construction of Walls. City Code, (1893) Art. 7, Sec. 13. Ord. 63, March 21, 1904. 170. All foundation walls, isolated piers, parapet walls and chimneys above roofs shall be laid in cement mortar, jion waits, But this shall not prohibit the use of a small portion of piers, etc. lime in the mortar in which face bricks are laid. All other walls built of brick or stone shall be laid in lime, cement, or lime and cement mortar mixed. The backing up of all stone ashler shall be laid up with cement mortar, or cement and lime mortar mixed, but the back of the ashler may be parged with lime mortar to prevent discoloration of the stone. All foundation walls or cellars shall be built of stone or bricks laid in cement. If built of stone they shall at least be six inches thicker than the wall next above them to a depth of t^velve feet below kerb level and shall be increased six inches in thickness for each and every ten feet or part thereof additional depth beyond the twelve feet above specified. If foundation walls are built of brick, they must be at least four inches thicker than the walls next above them and must be increased four inches in thickness for additional depths as specified for stone walls. All walls and footings must start at least twelve inches waiis and below finished cellar level. The expression “walls for dwelling houses, shall be taken to mean and include in this class, walls for the following buildings: apartment waiis of houses, hotels, asylums, laboratories, club houses, lodging houses, convents, parish buildings, dormitories, schools, dwellings, studios, hospitals and tenements. The walls above the basement of dwelling houses not over three stories and basement, nor more than forty-five feet in height, and not over twenty feet front and not over fifty-five f eet'in depth, shall have side and party walls not less than nine inches thick, and front and rear walls not less than thirteen inch- es thick. All walls of dwellings exceeding twenty feet front and not exceeding forty feet in height shall be not less than thirteen inches thick. All walls of dwellings exceeding twenty feet front, and between bearing walls which are hereafter erected or which may be altered to be used for dwellings, and being over forty feet in height, 666 BUILDINGS — ORDINANCES. [art. 3. Walls over 50 feet, Walls over 60 feet. Walls over 75 feet. Walls over 100 feet. Walls over 125 feet. and not over fifty feet in height, shall be not less than thirteen inches thick above the foundation wall. No walls shall be built having a thirteen-inch thick portion measur- ing vertically more than fifty feet. If over fifty feet in height and not over sixty feet in height, the walls shall be not less than seventeen inches thick in the story next above the foundation walls, and from thence not less than thirteen inches to the top. If over sixty feet in height and not over seventy-five feet in height, the wall shall be not less than seventeen inches thick above the foundation walls to the height of twenty-five feet, or to the nearest tier of beams to that height, and from thence not less than thirteen inches thick to the top. If over seventy-five feet in height and not over one hundred feet in height, the walls shall be not less than twenty-one inches thick above the foundation walls to the height of forty feet, or to the near- est tier of beams to that height, thence not less than seventeen inches thick to the height of seventy -five feet, or to the nearest tier of beams to that height, thence not less than thirteen inches thick to the top. If over one hundred feet in height and not over one hundred and twenty-five feet in height, the walls shall be not less than twenty-five inches thick above the foundation walls to the height of forty feet, or to the nearest tier of beams to that height, thence not less than twenty-one inches thick to the height of seventy-five feet, or to the nearest tier of beams to that height, thence not less than seventeen inches thick to the height of one hundred and ten feet, or to the nearest tier of beams to that height, and thence not less than thirteen inches thick to the top. If over one hundred and twenty-five feet in height and not over one hundred and fifty feet in height, the walls shall be not less than twenty-nine inches thick above the foundation walls to the height of thirty feet, or to the nearest tier of beams to that height, thence not less than twenty-five inches thick to the height of sixty-five feet, or to the nearest tier of beams to that height, thence not less than twenty-one inches thick to the height of one hundred feet, or to the nearest tier of beams to that height, thence not less than seventeen inches thick to the height of one hundred and ART. 3 .] THICKNESS OF DWELLING WALLS — ORDINANCES. 667 thirty-five feet, or the nearest tier of beams to that height, thence not less than thirteen inches thick to the top. If over one hundred and fifty feet in height, each additional thirty feet in height or part thereof, next above the found- ation walls, shall be increased four inches in thickness, the upper one hundred and fifty feet of wall remaining the same as specified for a wall of that height. Construction and Thickness of Dwelling Walls. City Code, (1893) Art. 7, Sec. 13A. Ord. 63, March 21, 1904. 171. All non-fireproof dwelling houses erected under No^fireprooi this Article exceeding twenty-six feet in width shall have houses, brick fore and aft partition walls. All non-bearing walls of buildings hereinbefore in this Article specified may be four inches less in thickness ; provided, however, that none are less than tv/elve inches thick, except as in this Article specified. City Code. (1893) Art. 7, Sec. 13B. Ord. 63, March 21, 1904. 172. Nine-inch brick partition walls may be built to Brick parti- support the beams in such buildings in which the distance between the main or bearing walls is not over thirty-three feet. If the distance between the main or bearing walls is over thirty-three feet the brick partition wall shall be not less than thirteen inches thick ; provided, that no clear span is over twenty-six feet. City Code, (1893) Art. 7, Sec. 13C. Ord. 63, March 21, 1904. 173. No wall shall be built having any one thickness Height of measuring vertically more than fifty feet. This Article ne“l wSi?' shall not be construed to prevent the use of iron or steel girders, or iron girders and columns, or piers of masonr'y, for the support of the walls and ceilings over any room which has a clear span of more than twenty-six feet between walls in such dwellings as are not constructed ^''o^coYumns fireproof. Nor to prohibit the use of iron or steel girders, hfbiteS' 668 BUILDINGS — ORDINANCES . [art. 3. Bearing walls. Centre wall specifica- tions. Walls of warehouses. or iron or steel girders or columns in place of brick walls in buildings which are to be used for dwellings when con- structed fireproof. City Code, (1893) Art. 7, Sec. 13D. Ord. 63, March 21, 1904. 174. If the clear span is to be over twenty-six feet then the bearing walls shall be increased four inches in thickness for every twelve and one-half feet or part thereof that said span is over twenty-six feet ; or shall have instead of the increased thickness such piers or buttresses as, in the judgment of the Inspector of Buildings, may be necessary. City Code, (1893) Art. 7, Sec. 13E. Ord. 63, March 21, 1904. 175. Whenever two or more dwelling houses shall be constructed not over twelve feet six inches in width, and not over fifty feet in height, the alternating centre wall between any two such houses shall be of brick not less than nine inches above the foundation wall ; and the ends of the fioor beams shall be so separated that four inches of brick-work will be between the beams where they rest on said centre wall. Walls of Warehouses. City Code, (1893) Art. 7, Sec. 13F. Ord. 63, March 21, 1904. 176. The expression “walls for warehouses,^’ shall be taken to mean and include in this class, walls of the follow- ing buildings : Armories, observatories, breweries, office buildings, churches, police stations, cooperage shops, printing houses, court houses, public assembly buildings, factories, pumping stations, foundries, railroad buildings, jails, refrigerating houses, libraries, slaughter houses, light and power houses, stables, machine shops, stores, markets, sugar refineries, mills, theatres, museums, ware- houses, wheelwright shops. The walls of all warehouses twenty-five feet or less front between walls or bearings shall be not less than thirteen inches thick to the height ART. 3 .] WALLS OF WAREHOUSES — ORDINANCES. 669 of forty feet above the foundation walls. If over forty feet in height and not over sixty feet in height, the walls shall be not less than seventeen inches thick above the height, foundation walls to the height of forty feet, or to the nearest tier of beams to that height, and thence not less than thirteen inches thick to the top. If over sixty feet in height and not over seventy-five feet in height, the walls 75 shall not be less than twenty-one inches thick above the {feVght. foundation walls to the height of twenty-five feet, or to the nearest tier of beams to that height, and thence not less than seventeen inches thick to the top. If over seventy-five feet in height and not over one hundred feet in height, the walls shall be not less than twenty-five inches thick above the foundation walls to the height of forty feet, or to the nearest tier of beams to that height, thence not less than twenty-one inches thick to the height of seventy-five feet, or to the nearest tier of beams to that height, and thence not less than seventeen inches thick to the top. If over one hundred feet in height and not over one hundred and twenty-five feet in height, the walls shall jf be not less than twenty-nine inches thick above the founda- Jfelghc tion walls to the height of forty feet, or to the nearest tier of beams to that height, thence not less than twenty-five inches thick to the height of seventy-five feet, or to the nearest tier of beams to that height, thence not less than twenty-one inches thick to the height of one hundred and ten feet, or to the nearest tier of beams to that height, and thence not less than seventeen inches thick to the top. If over one hundred and twenty-five feet in height and not over one hundred and fifty feet, the walls shall be not less than thirty-four inches thick above the foundation walls to the height of thirty feet, or to the nearest tier of beams to that height, thence not less than twenty-nine inches thick to the height of sixty-five feet, or to the nearest tier of beams to that height, thence not less than twenty-five inches thick to the height of one hundred feet, or to the nearest tier of beams to that height, thence not less than twenty-one inches thick to the height of one hundred and thirty-five feet, or to the nearest tier of beams to that height, and thence not less than sixteen inches thick to the 670 BUILDINGS — ORDINANCES. [art. 3 . top. If over one hundred and fifty feet in height, each additional twenty-five feet in height, or part thereof next the foundation walls, shall be increased four inches in thickness, the upper one hundred and fifty feet of wall remaining the same as specified for a wall of that height. City Code, (1893) Art. 7, Sec. 13G. Ord. 63, March 21, 1904. ^o?e/ 25 ^feet there is to be a clear span of over twenty-five etc. ’ feet between the bearing walls, such walls shall be four inches more in thickness than in this Article specified for every twelve and one-half feet or fraction thereof that said walls are more than twenty-five feet apart, or shall have, instead of the increased thickness, such piers or buttresses as, in the judgment of the Inspector of Buildings, may be necessary. Miscellaneous Walls. City Code, (1893) Art. 7, Sec. 13H. Ord. 63, March 21, 1904. Walls of public 178. The walls of buildings of a public character shall be not less than in this Article specified for warehouses with such piers or buttresses, or supplemental columns of iron or steel, as in the judgment of the Inspector of Buildings may be necessary to make a safe and substantial building. City Code, (1893) Art. 7, Sec. 131. Ord. 63, March 21, 1904. 179. In all stores, warehouses and factories over twenty- five feet in width between walls, there shall be brick Partition partition walls or girders supported on iron, steel or wood columns, or piers of masonry. Buildings Without Partition Walls. City Code, (1893) Art. 7, Sec. 13K. Ord 63, March 21, 1904. 180. In all stores, warehouses or factories, in case iron, Substitutes for stool, or wood girdors supported by iron, steel or wood wanl*;'°” columns, or piers of masonry are used in place of brick ART. 3 .] CROSS WALTS — ORDINANCES. 671 partition walls, the building may be seventy-five feet wide and two hundred and ten feet deep when extending from street to street, or when otherwise located may cover an area of not more than eight thousand superficial feet. When a building fronts on three streets it may be a hun- dred and five feet wide and two hundred and ten feet deep, Or if a corner building fronting on two streets it may cover an area of not more than twelve thousand five hundred superficial feet. City Code, (1893) Art. 7, Sec. 13L. Ord. 63, March 21, 1904. 181. But in no case shall any such building be wider ExcepOons^fo^^ nor deeper, nor cover a greater area except in the case of fire-proof buildings. An area greater than herein stated may, considering location and purpose, be allowed by the Inspector of Buildings when the proposed building does not exceed three stories in height. Cross Walls. City Code, (1893) Art. 7, Sec. 13M. Ord. 63, March 21, 1904 182. All buildings, not excepting dwellings, that are over one hundred and five feet in depth, without a cross- wall or proper piers or buttresses, shall have the side or side waiis bearing walls increased in thickness four inches more than is specified in the respective sections of this Article for the waiis°®*' thickness of walls, for every one hundred and five feet or part thereof, that the said buildings are over one hundred and five feet in depth. City Code, (1893) Art. 7, Sec. 13N. Ord. 63, March 21, 1904. 183. In case the walls of any building are less than . twenty-five feet apart, and less than forty feet in depth, Reduction of or there are cross-walls which intersect the walls not more ^ than forty feet distant, or piers or buttresses built into the walls, the interior walls may be reduced in thickness in just proportion to the number of cross- walls, piers or 672 BUILDINGS — ORDINANCES. [art. 3. Proviso. One-story structures. Walls of two-story buildings. buttresses and their nearness to each other; provided, however, that this clause shall not apply to walls below sixty feet in height, and that no such walls shall be less than twelve inches thick at the top, and gradually increased in thickness by set-offs to the bottom. The Inspector of Buildings is hereby authorized and empowered to decide (except where herein otherwise provided for) how much the walls herein mentioned may be permitted to be reduced in thickness, according to the peculiar circumstances of each case, without endangering the strength and safety of the building. One and Two Story Structures. City Code, (1893) Art. 7, Sec. 130. Ord. 63, March 21, 1904. 184. One-story structures not exceeding a height of fifteen feet, may be built with nine-inch walls when the bearing walls are not more than nineteen feet apart, and the length of the nine-inch bearing walls does not exceed fifty-five feet. One-story and basement extensions may be built with nine-inch walls when not over twenty feet wide, twenty feet deep and twenty feet high to dwellings. Ord. 110. June 22, 1904. Ord. 188, January 16, 1905. 185. All buildings hereafter erected, not over two stories in height and not over fifteen feet front and fifty- five feet deep, the enclosing and division walls above the first floor of joists may be what is known as 9-inch walls, and the walls below the first floor shall be increased four inches thicker if built of bricks, or six inches thicker if built of stone; provided, that on any street, lane or alley a stone wall shall not be less than eighteen inches thick, and that all walls shall have such bottom footings as shall prevent any settling or cracking of the walls from the nature of the ground on which they are built. ART. 3] ONE AND TWO STORY STRUCTURES — ORDINANCES. 673 Ord. 188, January 16, 1905. 186 . In all two and three story houses of dimensions described in the next preceding section of this Article, fire- Fir^-wans of walls will be allowed separating said houses twelve (12) buildings, inches high above the top of sheathing and nine inches thick. And all such walls to be built with hard brick laid in cement, and covered with tin or metal. City Code, (1893) Art. 7, Sec. 13P. Ord. 63, March 21, 1904. 187 . Walls of brick built in between iron or steel Brick waiis in . . ^ between iron columns, and supported wholly or in part on iron or steel girders, shall not be less than thirteen inches thick for seventy-five feet of the uppermost height thereof, or to the nearest tier of beams to that measurement, in any building as constructed. And every lower section of sixty feet, or to the nearest tier of beams to such vertical measurement, or part thereof, shall have a thickness of four inches more than is required for the section next above it down to the tier of beams nearest to the kerb level, and thence down- ward the thickness of walls shall increase in the ratio prescribed in this Article. Curtain walls built in between curtain waiis. piers, or iron or steel columns and not supported on steel or iron girders, shall be not less than thirteen inches thick for sixty feet of the uppermost height thereof, or nearest tier of beams to that height, and increased four inches for every additional section of sixty feet, or nearest tier of beams to that height. City Code, (1893) Art. 7, Sec. 13Q. Ord. 112, June 7, 1894. Ord. 63. March 21, 1904. 188 . Walls heretofore built for or used as party walls, party waiis whose thickness at the time of their erection was in accordance with the requirements of the then existing laws but which are not in accordance with the requirements of this Article, may be used, if in good condition, for the ordinary uses of party walls; provided, the height of the same be not increased. Any building, the erection of which was commenced in accordance with specifications 674 BUILDINGS— ORDINANCES. [art. 3. and plans submitted to and approved by the Inspector of Buildings prior to the passage of this Article, if properly constructed and in safe condition, may be completed or built upon in accordance with the requirements of law as to the thickness of walls in force at the time when such specifications and plans were approved. Erection of Walls. City Code, (1893) Art. 7, Sec. 13R. Ord. 63, March 21, 1904. d'Sring shsiW any wall or walls of any building wfus.°“ carried up more than two stories in advance of any other wall, except by permission of the Inspector of Buildings. But this prohibition shall not include the enclosure walls for skeleton buildings. The front, rear, side and party walls shall be properly bonded together or anchored to each other every six feet in their height by wrought iron tie anchors not less than one and one-half inches by three- eighths of an inch in size, and not less than twenty-four inches in length. The side anchors shall be built into the side or party walls not less than sixteen inches, and into the front and rear walls so as to secure the front and rear walls to the side or party walls when not built and bonded together. All exterior piers shall be anchored to the beams or girders on the level of each tier. The walls and beams of every building during the erection or alteration thereof, shall be strongly, braced from the beams of each story and when required shall be braced from the outside until the building is enclosed. The roof tier of wood beams shall be safely anchored, with plank or joist, to the beams of the story below until the building is enclosed. City Code, (1893) Art. 7, Sec. 13S. Ord. 63, March 21, 1904. Openings for 190 . Openings for doors and windows in all buildings winS)^”"^ shall have good and sufficient arches of stone, brick or terra cotta, well built and keyed with good and sufficient abutments, or lintels of stone, iron or steel of sufficient strength, which shall have a bearing at each end of not less than eight inches on the wall. On the inside of all ART. 3. STRENGTH OF WALES — ORDINANCES. 675 openings in which lintels shall be less than the thickness of the wall to be supported, there shall be timber lintels, which shall rest at each end not more than four inches on any wall, which shall be chamfered at each end and shall have a suitable arch turned over the timber lintel. Or the inside lintel may be of cast iron or wrought iron or steel, and in such case stone blocks or cast iron plates shall not be required at the ends where the lintel rests on the walls; provided the opening is not more than six feet in width. Strength of Walls, City Code, (1893) Art. 7, Sec. 13T. Ord. 63, March 21, 1904. 191. All masonry arches shall be capable of sustaining Masonry and the weight and pressure which they are designed to carry, spe^mSons. and the stress at any point shall not exceed the working stress for the material used, as given in this Article. Tie rods shall be used where necessary to secure stability. All exterior and division or party walls over fifteen feet high, excepting where such walls are to be finished with cornices, gutters or crown mouldings, shall have parapet walls not less than eight inches in thickness and carried two feet above the roof. But for warehouses, factories, stores and other buildings used for commercial or manu- facturing purposes, the parapet walls shall be not less than thirteen inches in thickness and carried three feet above the roof. And all such walls shall be coped with stone, terra cotta or cast iron. In all walls that are built hollow the same quantity of stone, brick or concrete shall be used in their construction as if they were built solid, as in this Article provided. And no hollow wall shall be built unless the parts of same are connected by proper ties, either of brick, stone or iron, placed not over twenty-four inches apart. The inside four inches of all walls may be built of hard burnt, hollow brick, properly tied and bonded into the walls, and of the dimensions of the ordinary brick. Where hollow tile or porous terra cotta blocks are used as lining or furring for walls, they shall not be included in the measurement of the thickness of such walls. 676 BUIIvDINGS — ORDIN ANCKS . [art. 3. Recesses in walls for ele- vators, etc. Walls of con- crete : how and when to be built. City Code, (1893) Art. 7, Sec. 13U. Ord. 63, March 21, 1904. 192. Recesses for stairways and elevators may be left in the foundation or cellar walls of all buildings, but in no case shall the walls be of less thickness than the walls of the fourth story, unless reinforced by additional piers with iron or steel girders, or iron or steel columns and girders, securely anchored to walls on each side. Recesses for alcoves and similar purposes shall have not less than eight inches of brick-work at the back of such recesses, and such recesses shall be not more than eight feet in width, and shall be arched over or spanned with iron or steel lin- tels, and not carried up higher than eighteen inches below the bottom of the beams of the floor next above. No chase for water or other pipes shall be made in any pier, and in no wall more than one-third of its thickness. The chases around said pipe or pipes shall be fllled up with solid masonry for the space of one foot at the top and bottom of each story. No horizontal recess or chase in any walls shall be allowed exceeding four feet in length without permission of the Inspector of Buildings. The aggregate area of recesses and chases in any wall shall not exceed one-fourth of the whole area of the face of the wall on any story, nor shall any such recesses be made within a dis- tance of six feet from any other recess in the same wall. Concrete Walls, City Code, (1893) Art. 7, Sec. 14. Ord. 63, March 21, 1904. 193. The thickness of concrete walls shall depend on the materials that will be used in the walls, the method of mixing same, and the system of binders and anchors, also on provisions to guard against danger from expansion and contraction. Samples of the materials to be used in the walls shall be submitted with the application to the Inspec- tor of Buildings, who shall determine by this Article and examples of work of similar methods and materials the proper thickness for walls. Such walls shall be built per- fectly plumb and shall not be constructed during freezing weather, and no material containing cement shall be used ART. 3 .] BRICK WORK— HEADERS — ORDINANCES. 677 in said wall after it has attained its first set. Any batches or remnants of material containing cement not used on the first set shall be condemned and removed, whether in the wall or in the vicinity of the work, as required by this Article. Concrete walls shall not be located as party walls except by written consent of adjoining owners previously filed with the Inspector of Buildings. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 22. 194. If there be a stone ashler used two inches thick stone ashlers, or less, it shall not be reckoned in the thickness of any wall herein specified. Brick Work. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 31. Ord. 37, April 7, 1894. 195. All brick work shall be of merchantable brick. Brick-work, laid and bedded with filled joints in lime or cement mortar, as provided for, and flushed up with every course of same, and all bricks used in the months from April to November, inclusive, shall be wet at the time they are laid, all walls of brick or stone shall be thoroughly bonded and solidly put together, and shall be built to a line, plumb, level and straight, and all bed joints not covered are to be struck. Ord. 59, March 18, 1904, Sec. 4. 196. The face brick of all walls shall be bonded to the^a^e brick to . . be bonded. walls With bricks, and not with metal ties. Headers. Ord. 145, October 23, 1891. City Code, (1893) Art. 7, Sec. 28. 197. All stone walls twenty-four inches or less in Headers in thickness shall have at least one header extending through sSn^ w^us. the walls in every three feet in height from the bottom of the walls, and in every four feet in length, and if over twenty-four inches in thickness shall have one header for 678 BUIIvDINGS — ORDINANCES . [art. 3. Anchoring of walls and joists. Brick arches between joists. every six superficial feet on both sides of the wall, running into the wall at least two-thirds of thickness of wall ; all headers shall be at least eighteen inches in width and six inches in thickness, and shall consist of good, flat, square stones, and in brick walls every sixth course of brick shall be a heading course, except the facing of walls where stretchers are used, in which case every fifth course shall be bonded into the backing by cutting the course of the face brick and putting in diagonal headers behind the same, or by splitting face brick in two and backing the same by a continuous row of headers. Joists. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 34. 198. The front, rear, side or division walls shall be anchored at each tier of joists, at intervals of not more than ten feet apart, and the ends of all such joists, beams or girders so anchored to the walls, that a falling joist, beam, or girder will free its own anchorage, and may fall without injury to the wall, and where the joists are supported by the girders, the ends of the joists resting on the girders may lap each other, and each joist covering the entire width of the girder, and strapped by wrought iron straps, not less than one and one-half inches by three- eighths of an inch, and not less than eighteen inches long, and at the same distance apart, and on the same line of joists as the wall anchors, and this shall not prohibit hang- ing joists in iron stirrups from the girders, but in such cases the joists must be strapped as hereinbefore described. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 62. 199. If brick arches are used between joists, they shall have a rise of at least one and a-quarter (1^) inches to each foot of space between them. Ord. 134, May 8, 1901, Sec. 56. 200. In all buildings hereinafter erected, altered or repaired, having one or more floors, the beams, joists and ART. 3 .] mortar — ORDINANCES. 679 rafters shall be framed around all flues, air chambers or other openings in walls, and also around all elevator holes, stairs and other openings in floors. All framing done either headers, with iron stirrups or mortise and tenon, and the framing to be strong enough to sustain the safe weights required by section 115 of this Article. In all buildings where a safe weight of one hundred and fifty pounds (150 lbs.) per square foot of floor space and upwards is required, the framing shall be done with iron stirrups, and the long trimmers and headers doubled or tripled, as required for safe weights. And all buildings where less than one hundred and fifty pounds per square foot of floor space is required the framing may be done with mortise and tenon, but all trimmers and headers must be double joists or equal thereto, and in no case can framing be done other than specified in this section under the penalty as specified in section 203 of this Article. Mortar. Ord. 146, October 23, 1891. City Code. (1893) Art. 7, Sec. 32. 201 . All mortar used in the construction or repairs of Mortar and any building shall be of the best quality for the purpose for which it is applied; all sand must be clean, sharp and free from loam, and no cement shall be used that has been mixed over night. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 86. Ord. 79, October 7, 1897. 202 . Every wall, structure and building hereafter to„,. , be built or altered in said city, shall conform to the pro- excepted, visions of this Article, except bridges, quays, wharves and buildings belonging to the Government of the United States or to the State of Maryland. Ord. 146, October 23, 1891. City Code, (1893) Art. 7, Sec. 85. Ord. 63, March 21, 1904. 203 . Any person or persons failing to comply with any violations of of the requirements contained in this Article, or who shall thST Ar°fc1e°^ 680 CARRIAGES, BOATS AND SCOWS— ORDINANCES. [aRT. 4. Penalty. Fines, forfeit- ures and pen- alties. violate any of the provisions of this Article shall be subject to a penalty of twenty-five dollars for each offence, and to an additional fine of five dollars for every day that such violation shall continue, except in such cases where by the provisions of this Article a different fine or penalty is prescribed or imposed. 204 . All fines, forfeitures and penalties incurred by the violation of any of the provisions of this Article shall be recovered as other fines, forfeitures and penalties imposed by ordinance, are recoverable, and when collected shall be paid to the Comptroller. ARTICLE IV. CARRIAGES, BOATS AND SCOWS. ORDINANCES. Driving Regulations. 1. Drivers, etc., to keep on right side ; penalty . 2. Carriages, etc. in narrow streets; penalty for entering when oc- cupied . 3. Drivers to hold reins ; immod- erate gait prohibited ; horses, etc. not to be turned loose or driven loose through streets; drivers to hold or be within reach of bridle; not to drive or place cart, dray, etc., over footways; penalty; proviso. Speed Regulations. 4. Speed of licensed wagons of burden ; speed of unlicensed vehicles ; penalty. 5 . S peed over bridges not to exceed a walk; penalty. 6. Penalty for omnibuses passing each other at excessive speed. 7. Contests of speed forbidden; penalty. 8. Penalty for exceeding speed of six miles per hour, by express wagons. ART. 4.] CARRIAGES, BOATS AND SCOWS — ORDINANCES. 681 9. Penalty for exceeding such speed by other vehicles and riders. Sleighs, etc. 10. Bells on horses drawing sleighs or cars; penalty. Vehicles Standing in Streets. 11. Position of drays standing in streets. 12. Mayor may regulate placing of carts; proviso. 13. How carriages for hire shall stand in streets. 14. Drivers of unemployed car- riages occupying stands to hold reins or have same with- in reach. 15. Where vehicles may stand at night; Sunday excepted; pro- viso. 16. Seeking emplo}'ment for or oc- cupying streets or stands with carriages for hire on Sabbath, except by special permission of Mayor, prohibited; carts and drays not to remain in streets, etc. on Sabbath; not to drive in said vehicles, or feed horses in streets on Sab- bath. 17. Penalty for violation of three preceding sections ; not to apply to wagons of United States or State of Maryland. Police Regulations. 18. Penalty for obstructing street cars. 19. Penalty for improperly driving vehicles on railway tracks. 20. Penalty for cracking whips near stands. 21. Vehicles to stand parallel with curb; penalty^ for obstructing street by taking other posi- tion ; proviso as to wagons loading and unloading, 22. Not to stand across stepping stones. 23. Vehicles not within market limits on market days not to be placed in front of any premises without consent of owner ; penalty ; owner of premises may remove same ; penalty for obstructing such owner. 24. Vehicles or horses not in use not to remain on streets over two hours; exception as to same on stands ; penalty. 25. Distance between vehicles in driving ; penalty. 26. Driving or riding across line of funerals. 27. Penalty for using vehicles without permission of owner. 28. Penalty for unauthorized rid- ing on locomotives or other vehicles ; proviso as to news- boys. Rules of Mayor. 29. Penalty for violation of same. Stands for Carriages, Carts, Etc. 30. Stands on Charles street for- bidden . 31. Same on Bowly’s wharf and Light street wharf ; exception ; penalty. 32. Where Mayor may’- designate stands ; penalty for standing at unauthorized places. 682 CARRIAGES, BOATS AND SCOWS — ORDINANCES. [arT. 4. 33. Streets near Hanover Market which are not to be occupied by horses, etc., on certain days. 34. Exception as to vehicles from which articles are sold ; reg- ulation of such vehicle. 35. Agreement between Ma}’or and property owners for use of pavement as stand or stall. 36. Arrangement of vehicles not used to sell from ; penalty. 37. Wood carts prohibited on Con- way street. 38. Furniture vans prohibited on German street ; exceptions. 39. Hacks not to stand in Monu- ment square, etc. ; penalty. 40. Designation of stand on Charles street at Union Sta- tion. 41. Recovery of fines and penalties imposed for the violation of the provisions of this Article. DRIVING REGULATIONS. City Code, (1879) Art. 8, Sec. 1. City Code, (1893) Art. 8, Sec. 1. Ord. 30, April 5, 1898. Drivers, etc., 1 * The drivers of all carriages of burden or pleasure, rights?de“ riders of all bicycles of every kind whatsoever, driving, riding or passing through the streets, lanes or alleys of the city, (where there is room sufficient for two to pass) shall keep on that side of the street, lane or alley on their right hand, respectively; and if any driver of a carriage or rider of a bicycle shall drive his carriage or ride his bicycle in the middle of the street or on the side of the way on his left hand, so as to prevent or obstruct another carriage or bicycle from passing as aforesaid. Penalty. every driver or rider so offending shall forfeit and pay for every such offense a sum not exceeding five dollars. Hagerstown v. Klotz, 93 Md. 437. City Code, (1879) Art. 8, Sec. 2. City Code, (1893) Art. 8, Sec. 2. Carriages in 2. Whenever any carriage or other vehicle shall have streStl entered any street, lane or alley in the city, where there is not room sufficient for two carriages or vehicles to pass, no other carriage or vehicle shall enter the said street, lane or alley in the opposite direction, but shall remain in an adjacent street, until the first shall, with all diligence, have passed through; and if any driver or other person shall offend in such case, he shall forfeit and pay, for every such offense, a sum not exceeding five dollars. ART. 4.J SPEED REGULATIONS — ORDINANCES. 683 City Code, (1879) Art. 8, Sec. 3. City Code, (1893) Art. 8, Sec. 3. 3. No person shall sit or stand in or upon any carriage, dr^eS or any horse or beast harnessed thereto, in order to drive the same, unless he shall have strong reins or lines fastened to the bridle of his beast and held in his hands, sufficient to guide and restrain them; and no person driving any carriage, or riding any horse, mare, gelding or other beast in or through the said city, shall permit or suffer the beast or beasts, he shall so ride or drive, to go at an immoderate gait; and no person shall turn any horse, mare or gelding loose within the city or drive such horse, mare or gelding loose through any of the streets, lanes or alleys of the said city; and all porters, carters and other persons having the care of any carriage who shall not hold the reins in their hands to guide or restrain their beasts, shall walk by the head of the shaft or wheel-horse, holding, or within reach of the bridle or halter of the said horse; and no person shall drive, lead or place any horse or beast of burden, or any horse attached to a cart, dray or other carriage, laden or unladen, on any of the footways of the city; and every person offending in any or either of the cases aforesaid, shall forfeit and pay for every such offence a sum not exceeding twenty dollars; provided, that nothing herein contained shall prevent any person from riding, driving or leading across any of the footways any horse or beast of burden, into or out of any lot or tenement. Roddy V. Finnegan, 43 Md. 492. SPEED REGULATIONS. Ord. 89, May 5. 1880. City Code, (1893) Art. 8, Sec. 4. 4. It shall not be lawful for any licensed wagon of speed of burden, cart or dray, laden or unladen, to be driven burS®.°^ through any paved street, lane or alley within this city at a rate more than six (6) miles per hour; and it shall not be lawful for any unlicensed wagon of burden, cart or dray, laden or unladen to be driven through any paved street, lane or alley of this city at a gait exceeding a walk; and 684 CARRIAGES, BOATS AND SCOWS — ORDINANCES. [arT. 4 . any driver offending herein shall forfeit and pay a sum not more than five dollars nor less than two dollars for each and every offence. City Code, (1879) Art. 8, Sec. 5. City Code, (1893) Art. 8, Sec. 5. 5. It shall not be lawful for any person to ride or drive any horse or horses over any bridge within the limits of the city at any gait other than a walk, under the penalty for each and every offence of five dollars. City Code, (1879) Art. 8, Sec. 6. City Code, (1893) Art. 8, Sec. 6. Omnibuses. 6. Any driver of any omnibus passing or attempting to pass any other omnibus, while the same is in motion at the rate of four miles per hour, shall be subjected to a fine of twenty dollars. City Code, (1879) Art. 8, Sec. 7. City Code, (1893) Art. 8, Sec. 7. Contests of 7. Any rider of any horse, mare or gelding, and any bidden. driver of any vehicles engaged in any contest of speed, within the limits of the city, shall be subjected to a fine of twenty dollars. City Code, (1879) Art. 8, Sec. 8. City Code, (1893) Art. 8, Sec. 8. Excessive 8. Any rider or driver of any express wagon or vehicle aity. ’ going within the limits of the city, at a rate more than six miles per hour, shall be subjected to a fine of twenty dollars. City Code, (1879) Art. 8, Sec. 9. City Code, (1893) Art. 8. Sec. 9. sp^eed^of riders; 9. Any rider of any horse, mare, gelding or mule, and any driver of any hack, cab, omnibus, gig, sulky, carryall, buggy wagon, stage coach, private carriage, or any carriage of pleasure, or carriage of any description other than those mentioned in the fourth section of this Article, going or moving within the limits of the city, at a rate more rapid Penalty. than six miles an hour, shall be subjected to a fine of five dollars. ART. 4 .] VKHICTES IN STREETS— ORDINANCES. 685 SLEIGHS, ETC. City Code, (1879) Art. 8. Sec. 10. City Code, (1893) Art. 8, Sec. 10. 10 . No driver of a carriage going upon runners or rail Beiison horses tracks shall pass through the streets, lanes and alleys of sleighs or the city, unless one or more bell or bells be fixed to the horse or horses drawing the same, under a penalty for Penalty, every such offense not exceeding five dollars. VEHICLES IN STREETS. City Code, (1879) Art. 8, Sec. 11. City Code, (1893) Art. 8, Sec. 11. 11. Each and every drayman shall place his horse and Position of dray lengthways with and close to the kerbstones in the irSs? street in which the same shall stand, and no more than one range shall stand in any street, and drays shall be placed at a distance of not less than twenty-five feet from each other; subject, however, to the provisions of sections 12 and 24 of this Article. City Code, (1879) Art. 8, Sec. 12. City Code, (1893) Art. 8, Sec. 12. 12 . The Mayor is hereby authorized to regulate the Distance be- distance between carts, and the manner in which they shall stand, either by general rule or rules applying to particular streets in his discretion; provided that nothing herein contained shall be construed to authorize the placing of two lines of carts in one street. City Code, (1879) Art. 8, Sec. 13. City Code, (1893) Art. 8, Sec. 13. 13 . Each and every carriage of pleasure kept for hire Carriages for when unemployed and in any street and not in motion, shall be placed by the driver thereof in the middle of such streets, street and lengthwise with said street, and no more than one range of carriages shall stand in any street, and such carriages shall be ranged parallel to the front of the houses, and at a distance of not less than thirty feet from each other, and in such manner as not to obstruct the passage of wagons or other carriages in the streets, and as not to 686 CARRIAGES, BOATS AND SCOWS ORDINANCES. [aRT. 4. prevent foot passengers from crossing a street in the direction and line of a footway on the side of any other street; provided, that nothing herein contained shall con- flict with the provisions of sections 12 and 24 of this Article. Ord. 144, June 19, 1890. City Code, (1893) Art. 8, Sec. 14. Duty of 14 . Every driver or person having charge of any cart, drivers. qb othcr Carriage, whilst occupying any stand and unemployed, shall sit in such carriage, or stand near there- to with the reins in his hands, or in such manner as to have the same within his reach. City Code, (1879) Art. 8, Sec. 15. City Code, (1893) Art. 8, Sec. 15. Where vehicles 15. jj shall be lawful for the owner or owners of any may stand at i i night. cart, dray or other vehicle to suffer the same to remain before the premises in which they live, during the night; except on Sunday; provided, that not more than eight feet of any street or alley shall be thus occupied. City Code, (1879) Art. 8, Secs. 15, 16. Ord. 144, June 19, 1890. City Code, (1893) Art. 8, Secs. 14, 15, 16. Nou^o occupy 10 . ]sjo owuer or driver of any carriage of pleasure for “O’" hire or pay within the city, shall take a stand, or move to employment, ^nd fro in any of the streets, lanes or alleys of the city waiting or seeking for hire or employ, on the Sabbath day, except by special permission of the Mayor; and it shall not be lawful for any person or persons to permit any cart, dray or other vehicle to remain in the streets, lanes and alleys of the city on the Sabbath day; nor shall any person drive or stand with any wagon, cart, dray or other vehicle, or feed horses on any paved street, lane or alley of the city on the Sabbath day. City Code, (1893) Art. 8, Secs. 14, 16. Ord. 8, February 13, 1894. enaityfor 17. Any owner or owners, or any servant or agent of th?Le^'pfeced- the owner or owners of any of the vehicles mentioned in ing sections, gg^tions 11 to 16 inclusive, who shall violate any of the ART. 4 .] POLICE REGULATIONS — ORDINANCES. 687 provisions thereof, shall pay a fine of five dollars for each and every offense; said fines to be collected as other fines for violations of city ordinances are now collected; pro- vided, however, that the provisions of the two next preced- stale of ing sections shall not apply to wagons and horses in the Maryland, service of the United States or State of Maryland. POLICE REGULATIONS. City Code, (1879) Art. 8, Sec. 17. City Code, (1893) Art. 8, Sec. 17. 18 . No carriage, wagon or other vehicle, shall be obstructing ® ^ ’ street cars, allowed to stand in any of the streets so as to obstruct the passage of the city passenger railway cars; and no driver of any vehicle, having sufficient space to turn out of the way of said cars, who shall refuse to do so after being requested, shall, with those violating the first provision of this section, forfeit and pay the sum of five dollars for each and every offense, to be recovered as other fines and for- feitures are now collectible. Ord. 76, June 5, 1883. City Code, (1893) Art. 48, Sec. 82. 19. Any driver or drivers of any vehicle on wheels in Driving vehi- the city of Baltimore, driving in the streets of said city, railway with the rear or left hand wheel or wheels of such vehicle or vehicles, in the off or outside track or rail of any rail- road, with the off or right hand wheel or wheels swung or running between said rail or track and the curb, shall be subject to a fine or penalty of two dollars ($2.00) for each square or block so driven, for each and every offence ; said fines to be collected as other fines are collected. City Code, (1879) Art. 8, Sec. 18. City Code, (1893) Art. 8, Sec. 18. 20 . Every driver of a hack or other vehicle, who shall cracking crack a whip upon the pavement adjacent to the public stands, shall forfeit and pay for every such offence the sum of one dollar. 688 CARRIAGES, BOATS AND SCOWS — ORDINANCES. [arT. 4. City Code, (1879) Art. 8, Sec. 19. City Code, (1893) Art. 8, Sec. 19. ^XiTsVanS 21. It shall not be lawful for any wagon or other carriage to be placed or stand across any street, lane or alley, in the city, or in any other position except with the length parallel to the side of the street, lane or alley in which it may be ; and the owner or driver of any wagon or other carriage placing the same or permitting it to stand in any other position than that above described, shall for- proviso. feit and pay the sum of two dollars ; provided, that any wagon or other carriage of burden may, during the time of loading or unloading, with shaft horses only, in the day time, stand in a position convenient for those purposes for any necessary space of time, not exceeding three hours, without the owner or driver thereof incurring the penalty aforesaid ; but nothing in this proviso contained shall authorize the placing of any wagon or other carriage in any position which will prevent the passage of any wagon, cart or other carriage. City Code, (1879) Art. 8, Sec. 20. City Code, (1893) Art. 8, Sec. 20. 22. It shall not be lawful for any person to place any carriage of any description whatever, upon or across any of the flag or stepping stones, placed for the convenience of foot passengers across any street, lane or alley in the city; and every driver of any carriage whatever, shall promptly remove his carriage from the same, upon demand of any person, under a penalty of flve dollars. City Code, (1879) Art. 8, Sec. 21. City Code, (1893) Art. 8, Sec. 21. Old. 57, May 14, 1898. Vehicles not 23. If any owner or driver of any wagon, cart or other ket HmS on Carriage shall place such wagon, cart or other carriage, or noTto any horse on any street, lane or alley of the city other than frontof any the streets, lanes and alleys within the limits of the wuhout con- several markets on market days, so as to prevent the owk^n access of any other carriage to the kerb stone in front of any building, against the consent of any owner or occupier of such building, or if such owner or owners, upon being required to move his cart, wagon or other carriage or Not to stand across flag stones. ART. 4 .] POTICE REGULATIONS — ORDINANCES. 689 horse, ( providing his horse is not in a shop being or to be shod, ) by the owner or occupier of such building, or by Penalty, any police officer, shall refuse or neglect so to do imme- diately, he shall forfeit and pay for every such offence the sum of five dollars ; and it shall be lawful for the owner or occupier of such building to remove the said cart, wagon remove same, or other carriage, horse or horses ; and every person who shall obstruct the said owner or owners, shall forfeit and pay the sum of five dollars for each offence. City Code, (1879); Art. 8, Sec. 22. City Code, (1893) Art. 8, Sec. 22. 24. Excepting within the limits of the several markets, ^v^Scief or and in accordance with the Article, entitled Markets and Slfus?mS- unless otherwise provided in this Article, no person shall place any wagon, cart or other vehicle licensed by the city, or owned in the city of Baltimore, or any horse, mare or gelding belonging to the same, on any of the streets, lanes or alleys of the city, when not in direct and absolute use at the time, to remain there for a longer time than two hours, under a penalty of three dollars for each and every offence ; and all carriages, wagons, carts, drays and other vehicles, upon their stands by authority of the Mayor shall be considered as in use under this section. City Code, (1879) Art. 8, Sec. 23. City Code, (1893) Art. 8, Sec. 23. 25. No driver of any vehicle upon the streets of the Distance city shall drive so close to any vehicle in front, that there veSsin shall be less than ten feet between the rear of said vehicle in front and the head of the horse of the vehicle in the rear at all crossings, under a penalty of not less than two dollars nor more than five dollars, at the discretion of the Justice of the Peace, for each and every offence, to be recovered as other fines are recoverable ; provided, that this section shall not apply to funerals or other processions. City Code, (1879) Art. 8, Sec. 24. City Code, (1893) Art. 8, Sec. 24. 26. It shall not be lawful for any person to ride or^rkw°ac drive any horse or horses across the line of a funeral SlfeSis 690 CARRIAGES, BOATS AND SCOWS — ORDINANCES. [arT. 4. Unauthorized use of vehicles. Unauthorized riding: on locomotives or vehicles. Penalty for violating-. Charles street, stands on, forbidden. procession in the streets, lanes or alleys of the city, under a penalty for each and every offence of two dollars. City Code, (1879) Art. 8, Sec. 25. City Code, (1893) Art. 8, Sec. 25. 27. If any person shall enter upon or into any vehicle or conveyance, or remain therein, or drive or remove the same from the place where the same may then be, without the authority or permission of the owner or the party in charge thereof, such person so entering, remain- ing, driving away or removing without authority or permission as aforesaid, shall be subject to a fine of not less than one dollar, nor more than twenty dollars ; to be collected as other fines and penalties are collected. Ord. 4, February 3, 1879. City Code, (1893) Art. 8, Sec. 26. 28. It shall not be lawful for any unauthorized person or persons to ride on locomotives, tenders or cars of steam railroads, street cars, stages, omnibuses, hacks, or any licensed conveyance for passengers, or merchandise, on any street, lane or alley opened for public use within the limits of the city of Baltimore under a penalty of one dollar for each offence, to be recovered as other fines and penalties are now recoverable; provided, however, that the provisions of this section shall not apply to newsboys pursuing their vocation. RULES OF MAYOR. City Code, (1879) Art. 8. Sec. 37. City Code, (1893) Art. 8, Sec. 38. 29. Every person violating any rule made by the Mayor in virtue of this Article, shall be subject to a penalty of two dollars for each offence, unless some other penalty is herein provided for the offence. STANDS FOR CARRIAGES, CARTS, &C. City Code, (1879) Art. 8, Sec. 41. City Code, (1893) Art. 8, Sec. 42. 30. It shall not be lawful for licensed carriages of pleasure, commonly called hacks, to stand upon the bed of ART. 4 .] CARRIAGES AND CARTS— ORDINANCES. 691 Charles street, between Camden and Lombard streets; and any person offending against the provisions of this section, shall forfeit and pay the sum of five dollars for each and every offence; to be recovered as other fines and forfeitures are now recoverable. City Code. (1879) Art. 8, Sec. 42. City Code, (1893) Art. 8, Sec. 43. 31. It shall not be lawful for any carriage or carriages, of any description whatever, to stand on that part of Bowly’s wharf south of a right line with the north side of Camden street, or on that part of Light street which lies same, between Pratt and Lee streets, longer at any one time than the same can be loaded or unloaded, under a penalty of two dollars for each and every offence. Ord. 59, May 5, 1885. City Code, (1893) Art. 8, Sec. 44. 32. The Mayor is hereby authorized and requested to Mayor may designate stands for licensed carriages of pleasure and burden and package carts, out of Baltimore street and that part of Pratt street which lies between South and Hanover streets, and Liberty street north of Fayette street; and no person shall take any stand not so designated, with a licensed carriage of pleasure or burden or a package cart, under a penalty of not less than one nor more than five penalty for dollars; provided that the Mayor shall not designate stands unauthorized for carts in any street except at the south end of Broadway and in Camden, Conway, Barre and Lee streets, east of Charles street, and at the lower end of Centre market space. City Code, (1879) Art. 8, Sec. 44. City Code, (1893) Art. 8, Sec. 45. 33. It shall not be lawful for any horse, wagon or other certain streets vehicle to occupy or remain upon any of the following M^rk^^nor streets, to wit: Hanover street from Conway street to cuJiJdby Lombard street; Camden street from Charles street to Howard street; Sharp street from Conway street to Pratt street, and Dover street from Hanover street to Sharp street, during the following days to wit: Mondays, Thursdays and Saturday afternoons and evenings. 692 CARRIAGES, BOATS AND SCOWS — ORDINANCES. [aRT. 4 . City Code, (1879) Art. 8, Sec. 45. City Code, (1893) Art. 8, Sec. 46. order that the provisions of the next preceding cies are sold, section shall not interfere with those persons who have been in the habit of occupying said streets on said occasions, with a cart, wagon or other vehicle, for the purpose of selling or vending therefrom any article or articles, said carts, wagons, or other vehicles, so occupying said streets, for the purpose aforesaid, are hereby excepted from the provisions of the next preceding section; provided, how- ever, the said carts, wagons or other vehicles, shall be so arranged as to preserve between every two vehicles, an open space of not less than four feet, for the purpose of a Regulations, passago-way for the accommodation of the public; and provided, further, that the shafts of said carts shall not extend more than one foot beyond the curb, and the shafts of said wagon or other vehicle shall be unshipped; and provided further, that such carts, wagons or other vehicles occupying the south side of Camden street for the sale of articles, shall be so placed that the articles sold therefrom can be purchased from the pavement or side- walk. City Code, (1879) Art. 8, Sec. 46. City Code, (1893) Art. 8, Sec. 47. Agreement 35. The owners and occupiers of the property upon the line of the street or streets upon which it is designed to reverse the carts, wagons and other vehicles, as a stand or stall for the sale of any articles, shall enter into an agree- ment with the Mayor and City Council of Baltimore, con- senting thereto, and allowing the parties making sales from said carts, wagons or other vehicles, the use of two feet of the pavement next the kerb stones in front of their property; and no vehicle shall be allowed to remain standing on the bed of Sharp street as a stand or stall for the sale of any articles. City Code, (1879) Art. 8, Sec. 47. City Code, (1893) Art. 8, Sec. 48. Vehicles not 36. Any person or persons having in charge any cart, from.° wagon or other vehicle not intended to be used to sell from, shall be permitted to remove the same to some of the ART. 4 .] CARRIAGES, CARTS AND HACKS — ORDINANCES. 693 adjoining streets, and so arrange them upon the centre or crown thereof as to cause no obstruction to the free pas- sage of all vehicles upon either side of the same. Any person or persons violating the provisions of this and the three next preceding sections, shall be subject to a penalty of five dollars for each and every offense, to be collected as other city fines and forfeitures are collected. City Code, (1879) Art. 8, Sec. 48. City Code, (1893) Art. 8, Sec. 49. 37. Wood carts are not permitted to occupy Camden street, between Charles and Light streets, as a stand, wood carts under a penalty of five dollars for each offense; but Con- street, way street, between Charles and Light streets, is hereby designated as a stand for said carts. City Code, (1879) Art. 8, Sec. 49. City Code, (1893) Art. 8, Sec. 50. 38. It shall not be lawful for any person or persons to German street, use the bed of German street, between Howard and Eutaw streets as a furniture wagon stand, under a penalty of five ^?pti?n.’ dollars for each offense, to be recovered as other fines are recoverable; but the bed of German street, between Eutaw and Paca streets, may be so used. City Code, (1879) Art. 8, Sec. 50. City Code, (1893) Art. 8, Sec. 51. 39. It shall not be lawful for any hack, carriage or Hacks not to other vehicle for hire, to stand or be moving about Monu- Monument ment square, or on Calvert street between Baltimore and Lexington streets, nor on Fayette street, between St. Paul and North streets, except when actually employed; provided that not more than four rows of hacks not exceeding five in a row, may stand north of the Battle Monument, with their horses' heads facing to the south, and not less than fifteen feet north of the chain around the Monument, thirty feet south of the flagstones across the south side of Lex- ington street, and thirty feet from the kerbstones on the east and west sides of Monument square; each and every 694 CITY SOLICITOR — ORDINANCES. [art. 5 . person violating the provisions of this section shall be fined not less than two nor more than four dollars for each and every offence, to be collected as other fines and forfeitures are now collected. Res. 3, November 17, 1887. City Code, (1893) Art. 8, Sec. 52. ^ stand a?'"’”’ The portion of Charles street in the immediate vicinity of the Union depot is hereby designated as a stand for hacks and carriages; provided, the said hacks and carriages are confined for their stand to the west side of the street railway tracks, as laid on said street. ^^e^alties fines'^and penalties incurred by the violation of any of the provisions of this Article, for the recovery of which no provision |is made herein, shall be recovered as other fines imposed for the violation of city ordinances are recoverable, and when collected shall be paid to the Comptroller. ARTICLE V. CITY SOLICITOR. ORDINANCES. Examination of Titles. 1. To be made by Assistant City Solicitor assigned to such work ; no contract to pur- chase any interest in land, or money to be paid until exam- ination made ; Assistant City Solicitor to certify his ap- proval. 2. Assistant City Solicitor to report information respecting owner- ship of property to city offi- cials interested ; his duty in cases of appeals from Com- missioners for Opening Streets; his notes and memoranda to be passed over to City Solicitor when vacating office; further duties of Assistant City Solici- tor assigned to the examination of titles. 3. Assessing expenses of examina- tion of titles in street cases. ART. 5 .] EXAMINATION OF TITLES — ORDINANCES. 695 EXAMINATION OF TITLES. City Code, (1879) Art. 13, Sec. 11. City Code, (1893) Art. 13, Sec. 15. 1. In relation to the examination of titles on behalf of to be made by . ^ , Assistant the city, the duties of the Assistant City Solicitor who city solicitor i 1 ^ assigned to shall have charge, subject to the direction and control ot such work, the City Solicitor, of the examination of all titles on behalf of the city, shall be as follows: Whenever it may be pro- posed on the part of the Mayor and City Council of Baltimore, by ordinance or resolution, to purchase, con- demn or acquire any land or interest therein, it shall be the duty of the said Assistant City Solicitor to make, or no contract to caused to be made, an examination of the title thereto, and money paid no contract shall be made or money paid on account of such purchase, condemnation or acquisition except on the approval by the said Assistant City Solicitor of the title, and, in cases of approval by the said Assistant City Solicitor, he shall, before submitting to the City Solicitor for his certify his . approval. approval the deeds or other instruments of writing, which he shall prepare or have prepared, intended to transfer or convey any land or any interest therein to the Mayor and City Council of Baltimore, certify thereon his said approval of the form and legal sufficiency of said deeds or other instruments of writing. City Code, (1879) Art. 13, Sec. 12. City Code, (1893) Art. 13, Sec. 16. 2. The said Assistant City Solicitor shall, under the A.ssistant City direction and control of the City Solicitor, as soon as ?eVoyUnfor- practicable after the passage of any ordinance authorizing respecting any condemnation, report to the City Solicitor, the Com- propem-!*" missioners for Opening Streets, or the other municipal officials, officers, agencies or agents empowered to make the same, full information respecting the ownership of the property which it may be proposed to condemn, setting forth where the same is not held in fee simple the several interests or estates therein; in all cases of the examination of titles careful notes and abstracts of the same shall be made. He shall also report to the City Solicitor in writing all information which may be called for by him relating to the titles to any property which may be involved in the 696 CITY SOLICITOR — ORDINANCES. [art. 5 . appeals from the Commissioners for Opening Streets, cSmm\v other proceedings of condemnation by the city ; and opening^"^ shall make and report all examinations of title that may be Streets. required by the City Solicitor in the trial of any suit or proceeding to which the city may be a party, or which may otherwise be needed by the City Solicitor on behalf of the city, or of any municipal official, officer, agency, employe. Notes and servant or agent of the city, and, on said Assistant city IS b? p"L”sed Solicitor ceasing to hold office, whether by expiration of sSiicito?'^^ his term or otherwise, all notes and memoranda of any examination of titles on behalf of the city in his posses- sion or under his control, whether completed or not, shall be passed over to the City Solicitor. The said Assistant Solicitor shall discharge such other duties in relation City Solicitor ^^0 examination of titles on behalf of the City as may ]30 assigned to him by the City Solicitor. Ord. 39, April 14, 1887. City Code, (1893) Art. 13, Secs. 17 and 18. Kxpense.sof 3 . The expenses incurred by the City Solicitor in the of titles in employment, and in connection with the employment, of persons to aid said Assistant City Solicitor in the examina- tion of titles, shall, in the matter of laying out, opening, widening, straightening or closing up, in whole or in part, any street, lane, road, alley or square, be assessed by the Commissioners for Opening Streets as part of the expenses in each case of any street, lane, road, alley or square as aforesaid, as the other expenses in the premises are now required to be assessed. ART. 6.] COMPTROLLER AND CITY REGISTER — ORDINANCES. 697 ARTICLE VI. COMPTROLLER AND CITY REGISTER. ORDINANCES. Comptroller. Accounts. 1. Bond of Comptroller. 2. To examine and settle accounts settlement of which is not otherwise provided for; to re- port on same. 3. To supervise fiscal concerns of all city ofiicials ; may re- quire accounting from such officials ; to charge City Col- lector with annual levy. 4. To open accounts with all muni- cipal officials ; to report to Mayor when such account is overdrawn ; custodian of city property ; to certify to claims and demands on City Register ; to certify bonds of officials, and pay-rolls and salaries. 5. Comptroller and City Register not to pass bills until provi- sion made for payment. Insurance. 6. To represent city where insured city property is destroyed by fire. 7. No property of city within city limits to be insured ; property without limits to be insured. 8. To insure Polytechnic Institute. Purchases and Sales of Property to Secure Taxes. 9. To bid at sale of property sold for taxes ; limit of such bid. 10. To sell property so acquired. 11 . To pay taxes due on such prop- erty to City Collector and any surplus to City Register. Refuse Material. 12. To keep account of all refuse materials in hands of city officials ; to sell same ; to pay proceeds to City Register. 13. Duty of city officials in relation to such property. 14. Separate account for refuse material. Deputy Comptroller. 15. His bond ; oath. 16. Compensation; to perform duties of clerk to Board of Estimates. Subordinates . 17. Salaries of subordinates; their bonds ; extra assistance au- thorized ; limit of expense thereof. License and Market Detective. 18. Appointment ; duties ; to keep accounts; compensation. 698 COMPTROLI.KR AND CITY REGISTER — ORDINANCES. [arT. 6. Bond of. City Register. 19. Bond ; approval of bond ; Ma}"- or to be custodian of bond. Deputy Register. 20. Duties of Deputy Register ; bond ; oath. 21. To act in absence of City Reg- ister. 22. Filling vacancy in office of City Register; successor to give bond. Duties of City Register. 23. To record appointments; cus- todian of city monies ; to de- posit funds in city deposi- tories ; interest on deposits ; to pay properly endorsed claims on city ; to keep rec- ords of disbursements ; to re- port to City Council monies received and expended; financial estimate to City Council ; to exhibit accounts to Mayor. 24. Temporaiy loans to meet cor- porate needs. 25. Office hours. 26. Subordinates of City Register ; their salaries. 27. Fees and perquisites to be paid into city treasury; exceptions. 28. To make two alphabetical lists of streets and add thereto future changes in names. Accounts. 29. To adopt such a system of ac- counts as will protect city; no money to be paid except on warrant of Comptroller ; all monies to be turned over to Comptroller ; proviso. 30. Office hours of disbursing offi- cers ; to be in their offices on Tuesdays and Fridays partic- ularly. 31. Written order or authority re- quired for all municipal work or supplies. 32. Official memoranda of such work and supplies furnished, to be kept ; memoranda to be open to inspection. 33. Comptroller not to honor bills for work or supplies except on written order. COMPTROLLER. Accounts. City Code, (1879) Art. 11, Sec. 1. Ord. 3, February 2, 1881. City Code, (1893) Art. 11, Sec. 1. Ord. 33, March 9, 1896. 1 . The Comptroller before entering upon his duties, shall execute to the Mayor and City Council of Baltimore a good and sufficient bond, to be approved by the Mayor, in the sum of ten thousand dollars, conditioned for the faithful discharge of his duties. ART. 6.] COMPTROLLER— ACCOUNTS — ORDINANCES. 699 City Code, (1879) Art. 11. Sec. 2. City Code, (1893) Art. 11, Sec. 2. 2 . It shall be the duty of said Comptroller to examine, to examine i n 1 • 1 • 1 and settle audit, adjust and settle all accounts whatsoever in which accounts, the corporation is concerned, either as debtor or creditor, where provisions for settlement thereof is made by law, and the settlement of which is not especially committed by ordinance to some other authority ; and where no such provision, or insufficient provision has been made, he shall examine such accounts, and report to the City Council, through the Mayor, the facts relating thereto, with his opinion thereon. City Code, (1879) Art. 11, Sec. 3. City Code, (1893) Art. 11, Sec. 3. 3 . The said Comptroller shall supervise the fiscal con - to supervise ^ ^ fiscal con- cerns of all the municipal officials, officers, ana agents of cems oi aii 1 • 1 • 1 1 n • T 1 1 official the corporation which shall receive or disburse the public moneys, or which are charged with the management or custody thereof, and may require at any time from said ^J^^^unUng municipal officials, officers and agents, an account, in writing, of any moneys or property of the corporation in their hands or under their control ; he shall also annually charge the City Collector with the amount of the annual Annual levy, levy, and credit him with the amount received as having been collected on such levy. City Code, (1879) Art. 11, Sec. 4. City Code, (1893) Art. 11, Sec. 4. 4 . The Comptroller shall open accounts for appropria- To open ac- tions with all the municipal officials, officers and agents of all municipal the city government, and report immediately to the Mayor when any such municipal officials, officers and agents shall overdraw or exceed his, its or their appropriations ; he shall keep the titles to all property owned by the city, and see that the property of the city is maintained in good condition and that that part of it lying without the limits custodian of of the city is regularly insured ; he shall certify to the correctness of all claims, of whatsoever description, upon which money is due, and no check shall issue but upon his endorsement of its correctness, which shall be authority ^ 700 COMPTROI.IvKR and city register — ORDINANCES. [arT. 6. to the City Register to issue his check, to be countersigned ^o^dais Mayor or City Comptroller pursuant to the provisions of section 20 A of the City Charter; he shall examine into and certify the sufficiency of all bonds required to be taken by the Pay-rolls and Mayor as provided by Section 20A of the City Charter; he salaries. examine and certify to the correctness of all pay- rolls and salaries of all municipal officers of every grade, affidavits being made in all cases where required, before a Justice of the Peace, or other public officer authorized to take affidavits under the laws of this State, before said pay-rolls are submitted for settlement. When to pass City Code, (1879) Art. 11, Sec. 5. City Code, (1893) Art. 11, Sec. 5. bills, etc., Comptroller 5. The Comptroller and City Register shall not accept, RelistS. pass, settle or pay any bill or order, in their departments, for public improvements, unless due provision has been made for the payment of the same by an act of legislation making an appropriation for such purpose. Insurance. City Code, (1879) Art. 11, Sec. 6. City Code, (1893) Art. 11, Sec. 6. ^ck7whe?e 6. The Comptroller is authorized to represent the city propSdy if in all cases where damage has or may occur from fire to destroyed by property of the corporation, which may have been insured ; and any moneys that may be awarded to the city by reason of loss from fire, shall be paid into the city treasury. City Code, (1879) Art. 11, Sec. 7. City Code, (1893) Art. 11, Sec. 7. What property 7. Hereafter the Comptroller is authorized and directed, insured. to cease insuring the property owned by the city and lying within the corporate limits from loss or damage by fire ; provided, however, that nothing herein shall prevent the said Comptroller from taking proper precautionary measures to insure and keep insured all property owned by the city lying without the limits of the city of Baltimore. ART. 6.] PURCHASES AND SATES OF PROPERTY — ORDINANCES. 701 Res. 20, February 5, 1891. City Cole, (1893) Art. 11, Sec. 8. 8 . The Comptroller is authorized and directed to effect insurance from loss by fire in a sufficient sum to protect polytechnic the city’s interest, upon the Baltimore Polytechnic Institute, upon such terms as in his judgment may be advantageous for the city, the amount of such insurance premiums to be taken out of any money in the city treasury. Purchases and Sales of Property to Secure Taxes. City Code, (1879) Art. 11, Sec. 8. City Code, (1893) Art. 11, Sec. 9. 9 . The Comptroller is hereby authorized and directed, to bid for when in his opinion the interests of the city require it, to Fo7tSel^° bid for account of the Mayor and City Council of Baltimore, on any real or leasehold property offered at public sale by the City Collector to pay taxes in arrears due the city of Balti- more and State of Maryland, to such amount, as he may deem necessary to pay said taxes, together with interest and expenses due and chargeable thereon, and no more. City Code, (1879) Art. 11, Sec. 9. City Code, (1893) Art. 11, Sec. 10. 10 . The Comptroller is hereby authorized and directed to sell for cash, any property that may be purchased by him as aforesaid, and not redeemed within the time limited by law and ordinance, in such way as he may think best, and as soon as practicable, deliver to the purchaser or purchasers a deed for the city’s interest in the same ; provided, how- ever, the said property shall be sold for a sum not less than the amount of taxes, together with all costs, charges and interest due and chargeable thereon. City Code, (1879) Art. 11, Sec. 10. City Code, (1893) Art. 11, Sec. 11. iill. The Comptroller is hereby directed, as soon as he to pay taxes has received the money for the property sold by him as set forth in the next preceding section, to pay over to the City Collector the amount of taxes, together with all interest and charges due and chargeable on said property on the books of the City Collector, and any balance that 702 COMPTROLLER AND CITY REGISTER — ORDINANCES. [arT. 6. To keep ac- count of refuse materials. And sell same Monies there- from. Duty of city officials in relation to. Separate ac- count for. Bond of. may be left, after paying the costs and expenses incurred by the Comptroller in the purchase and sale of said property, shall be by him paid over to the City Register and pass into the city treasury. Refuse Material. City Code, (1879) Art. 11, Sec. 11. City Code, (1893) Art. 11, Sec. 12. 12. It shall be the duty of the Comptroller to take charge of and keep an account of all refuse material that may accumulate on the hands of the City Engineer and other municipal officials, officers, and agencies of the city, the articles laid aside as useless by him, it or them to be taken charge of and accounted for by him, it or them hav- ing supervision of the same. And it shall also be the duty of the Comptroller to dispose of at private or public sale, to the best advantage, all old metal and refuse materials of every kind, and pay the proceeds over to the City Register, specifying at the same time the articles, price, and to whom sold. City Code, (1879) Art. 11, Sec. 12. City Code, (1893) Art. 11, Sec. 13. 13. The City Engineer and other persons having city property under their charge, shall set aside, on or before the first day of each month, such old metal and other materials as mentioned in the next preceding section, and deliver same to custody of the Comptroller, they taking and keeping an account thereof. City Code, (1879) Art. 11, Sec. 13. City Code, (1893) Art. 11, Sec. 14. 14. The Comptroller is hereby directed to open a sepa- rate account for the department of refuse materials. Deputy Comptroller. Ord. 109, October 16, 1888. City Code, (1893) Art. 11, Sec. 16. 15. The Comptroller shall have power to require from the Deputy Comptroller a bond with condition for the ART. 6.] TICENSB AND MARKET DETECTIVE — ORDINANCES. 703 faithful performance of his duties, with such penalty and such security as may be approved by the Mayor, and before he enters upon the duties of his office, the Deputy Comp- troller shall take the usual oath. Ord. 161, February 23, 1899. Ord. 31, December 4, 1905. 16 . The compensation of the Deputy Comptroller shall compensation, be twenty-five hundred dollars per annum, payable monthly, and he shall perform the duties of clerk to the Board of Estimates. Subordinates. City Code, (1893) Art. 11. Sec. 18. Ord. 156, October 30, 1896. Ord. 18, October 28, 1903. Ord. 199, February 20, 1905. 17 . The Comptroller is authorized to employ in his Salaries of office a general bookkeeper at a salary of eighteen hundred in office of dollars ($1800) per annum, an assistant clerk and inspec- tor of weights and measures at a salary of fourteen hun- dred dollars ($1400) per annum, an auditor and harbor master at a salary of fourteen hundred dollars ($1400) per annum, and an auditor and market master at a salary of fifteen hundred dollars ($1500) per annum, all payable semi-monthly, and they shall in like manner as the Deputy Bonds. Comptroller give good and sufficient bond with such pen- alty and such security as may be approved by the Mayor. The Comptroller is authorized to obtain such extra assis- Extra tance in his office as may be required, provided the whole expense thereof shall not exceed the sum of six hundred dollars ($600) per annum. License and Market Detective. Ord. 20, March 18, 1884. City Code, (1893) Art. 33, Sec. 50. Ord. 219, March 11, 1905. 18. There shall be attached to the department of the City Comptroller, an officer to be styled the ‘ Xicense and Market Detective, who shall be appointed annually by the Appointment. Comptroller, and who shall enter upon the discharge of his 704 comptroller and city register — ORDINANCES. [aRT. 6. Duties. Accounts to be kept. Compensation. Bond. Mayor to be custodian of. His duties. duties on the first day of March succeeding his appoint- ment in each year. It shall be his duty to enforce all the license ordinances under the advice of the City Solicitor against all such persons as may be delinquent in the mat- ter of taking out licenses. It shall be his duty to enter in a book, to be kept by him for the purpose, summary state- ments taken from the reports of the clerks of the several markets, that may be made by them to the Comptroller, charging such clerks respectively with all rentals and licenses for all stalls, benches and stands that may be occupied, or under rental or license, and crediting said clerks of markets with such payments of moneys as they may make to the city from time to time on that account; he shall receive for his services twelve hundred dollars ($1200) per year, to be paid to him as other officers of the city are now paid, and he may at any time be removed from office at the discretion of the Comptroller. CITY REGISTER. City Code, (1879) Art. 11, Sec. 17. City Code, (1893) Art. 11, Sec. 19. Ord. 156, October 30, 1896. 19. The City Register shall, before he enters upon the duties of his office, execute a bond to the corporation, with such security as the Mayor and presidents of the respective branches of the City Council may approve, in the penal sum of fifty thousand dollars, and with the condition that he will faithfully discharge his duties and the trust reposed in him, which bond shall be deposited by the Mayor in such fire-proof vault as he may select during his term of office, and at the expiration thereof, be delivered by him to his successor. Deputy Register. City Code, (1893) Art. 11, Sec. 20. Ord. 119, November 21, 1898. 20. The Deputy Register shall perform all such duties of the office as the City Register shall from time to time prescribe and direct, for whose acts the City Register ART. 6.] DUTIES OF CITY REGISTER — ORDINANCES. 705 shall be held responsible; the City Register shall have power to require from the Deputy Register a bond with condition for the faithful performance of his duties in such penalty and such security as he may deem proper, and before he enters upon the duties of his office, the Deputy Register shall take the usual oath. City Code, (1879) Art. 11, Sec. 21. City Code, (1893) Art. 11, Sec. 21. 21. In the event of the necessary absence of the City to act in ab- Register from sickness or other cause, the said Deputy Register. Register shall have full power and authority to exercise and perform all the duties of the City Register. City Code, (1879) Art. 11, Sec. 20. City Code, (1893) Art. 11, Sec. 22. 22. In case of a vacancy occurring in the office of the ^Se of city City Register, the person elected to fill such vacancy, shall, before he enters upon the duties of his office, execute a bond in the same manner as provided in the case of the City Register. Duties of City Register, Ord. 6, March 14, 1888. Ord. 3, December 5, 1889. Ord. 5, February 12, 1890. City Code, (1893) Art. 11, Sec. 24. Ord. 47, March 1, 1904. 23. The City Register shall record, or cause to be re- Appointments corded, in a book or books, all appointments of each and ^corded, every officer of the corporation ; and shall take under his charge all money now belonging to or which may here- custodian of after belong to the corporation, and shall immediately ^ity monies, deposit the same in the name of the Mayor and City Coun- cil of Baltimore in the depository banks for city funds. Depository which shall be selected by the Commissioners of Finance, and which they shall certify to the City Register, and it shall be the duty of the Commissioners of Finance in mak- ing such selections to make such agreement with the banks selected with regard to compensating the city either by ^"deposu^ 706 COMPTROI.I.KR AND CITY REGISTER — ORDINANCES. [arT. 6. Payment of claims against city. Disburse- ments. Report to City Council of monies received and expended. Financial re- port to City Council. Mayor may audit ac- counts. Temporary loans to rt corporate needs. Ofl&ce hours. service in payment of the city interest or some rate of com- pensation in the shape of interest on the balances belong- ing to the city as in their judgment will be to the best interests of the city ; and the City Register is hereby directed, upon endorsement of their correctness by the Comptroller, to make all payments with checks on said banks, countersigned by the Mayor, and drawn to the order of some person or persons having authorized claims against the city, and for the exact amount thereof, which he shall regularly enter in a bank book, particularly stat- ing the date, the name of the person or persons and the amount ; and it shall be his duty to keep regular and cor- rect accounts, in a book or books, in folio, of all money received and expended by him on account of the city, particularly stating, under proper heads, the specific objects, whence received and for what expended ; and he shall annually lay before the City Council, as soon after the thirty-first day of December as practicable, his account of all moneys received and expended by him during the past year, supported by proper vouchers ; also a statement of the estimated receipts and payments required for the current year, and any other information connected with the finances of the city which may be calculated to aid the City Council in their deliberations upon the subject ; and, when required by the Mayor, he shall exhibit to him his accounts and vouchers, his bank books and crossed checks. City Code, (1879) Art. 11, Sec. 23. City Code, (1893) Art. 11, Sec. 25. 24. In anticipation of the receipts of taxes levied for any year, the City Register, with the approval of the Mayor, may temporarily borrow money for the use of the city for any of its corporate purposes. City Code, (1879) Art. 11, Sec. 27. City Code, (1893) Art. 11, Sec. 29. 25. The City Register shall attend at his office in the City Hall every day (Sundays excepted) from nine o’clock in the morning to three in the afternoon, unless prevented by sickness or other unavoidable cause. ART. 6.] DUTIES OF CITY REGISTER — ORDINANCES. 707 Ord. 4, February 26, 1885. Ord. 53, April 21, 1890. Ord. 57, April 21, 1892. City Code, (1893) Art. 11, Secs. 30, 30A. Ord. 17, October 28, 1903. Ord. 206, February 21, 1905. 26. The City Register is authorized to employ in his subo^duiates department a chief clerk, whose compensation shall be and seventeen hundred dollars per annum, a clerk who shall be stock clerk and clerk to the Board of Awards, whose compensation shall be sixteen hundred dollars per annum ; an additional clerk whose salary shall be nine hundred dollars per annum ; and an assistant clerk, whose salary 'shall not exceed twelve hundred dollars per annum. City Code, (1879) Art. 11, Sec 29. City Code, (1893) Art. 11, Sec. 31. Ord. 53, April 19, 1892. 27. All fees or perquisites of or appertaining to the office of the City Register, or allowable to the City Reg- treasury, ister or Deputy Register under the statutes of the State, or ordinances of the corporation of Baltimore (except the payment made to the City Register by the State Treasur- er, under the authority of section 155 of the City Charter and the payment made to the Deputy Register under the authority of section 41 of the City Charter), shall be paid into the city treasury. Ord. 110, May 31, 1894. 28. The City Register shall make two alphabetical lists to make two of all streets, lanes and alleys, whose names have been changed in whole or in part from the names on Poppleton's . official map of Baltimore city, and from time to time he fhfnimes shall at once add to said lists all future changes in the names ?inesf etc. of streets, lanes, avenues, places and terraces within the present boundaries of the city of Baltimore ; said lists to contain the former names immediately below the new names of all 'such streets, lanes, alleys, avenues, places and terraces so changed ; one copy of said lists to remain in his office, and one copy to be given to the Clerk of the Superior Court of Baltimore City, to be posted in his office in public view. 708 COMPTROLIvKR and city register — ORDINANCES. [arT. 6. System of accounts to be adopted. All monies to be paid to Comptroller. Proviso. ACCOUNTS. City Code, (1879) Art. 11, Sec. 30. City Code, (1893) Art. 11, Sec. 32. 29. The Mayor, Comptroller and City Register are requested to adopt a system of keeping the accounts in the different branches of the city government, as will fully protect all the interests of the city, and to devise a system of checks by which each branch of the city govern- ment shall be held responsible for all its receipts and expenditures. No money shall be paid out for any purpose in any of the branches of the city government, except through the warrant of the Comptroller upon the City Register, and all moneys received for any object or purpose whatever, unless otherwise provided by law or ordinance, shall be turned in to the Comptroller, and by him delivered in turn to the City Register.** Robb V. Carter, 65 Md. 321. **For the due execution of sections 29 and 30, the following rules were adopted by the Mayor, Comptroller and City Register on February 19, 1877. 1st. That the several departments of the city government, whenever the sum of money received by them respectively shall amount to five hundred dollars, shall report the same to the Comptroller, specifying the source or sources from which it was received, and obtain from him a receiving warrant to pay such money to the City Register. Provided that uo department shall be required to make more than one payment on any one day ; and provided further, that all the departments that may receive money as revenue shall on the first Wednesday of each month, pay over to the City Register, on the receiving warrant of the Comp- troller, such sum as may respectively be in their possession. 2nd. That each department shall take duplicate bills of every item of expense it may contract for or incur, one of which shall be retained and filed in the department, and the other bill or voucher, with a warrant from such department on the Comptroller for the payment of the same, shall be sent to the Comptroller. Provided, that the pay rolls of each department may be drawn in favor of its proper accredited officer ; such pay roll, however, to be filed in the office of the Comptroller as are other billsor vouchers; and provided further, that in cases of contracts in which money may be payable on account, the department having a contract in charge, shall take duplicate receipts, one of which shall be retained, and the other, with a warrant on the Comptroller, shall be sent to that officer. 709 ART. 6.] ACCOUNTS — ORDINANCES. City Code, (1879) Art. 11, Sec. 31 City Code, (1893) Art. 11, Sec. 33. 30 . The municipal officials who are charged with the duty of issuing warrants and checks in favor of the cred- officers, itors of the city are imperatively required to be present in their respective offices on Tuesday and Friday of each week, from 9 o’clock A. M. to 2 o’clock P. M., in order to discharge, without delay, to the holders of claims against the city, the duties required of them under the next preceding section. Ord. 85, October 6, 1879. City Code, (1893) Art. 11, Sec. 34. 31 . It shall not be lawful for any municipal official, written au- e 1 • thonty for officer, employe, servant or agent of the city of Baltimore, municipal , . . , T work re- or for any commissioner or board of commissioners elected, amred. or appointed by the Mayor and City Council, to order any work to be done or supplies to be furnished for the use of the city of Baltimore, or of any branch of the city govern- ment, unless such order shall be given in writing and signed by the person giving such order. 3d. The offices of the Comptroller and the City Register shall be open on Tuesday and Friday of each week, from 9 o’clock A. M. to 2 o’clock P. M., for the issuing of warrants and the payment of the same, respec- tively ; and that all warrants issued by the departments for the payment of money, with accompanying bills or vouchers, shall if required by the Comptroller, be deposited in his office before 12 o’clock M. on the day preceding the day of payment, to the end that the same may be audited and warrants issued without much detention on the day of payment ; provided, that so much of this rule as may require a deposit in advance of the day of payment shall not apply to bills or warrants for the sum of ten dollars or less. 4th. The teachers and officers of the public schools, city officers, officers of the courts, as well as the expenses of the courts, shall be paid as provided by existing laws or ordinances. 5th. Much embarrassment has been experienced in the filing and in the examination of papers on file, in consequence of many bills or vouchers being written on small slips of paper; therefore, no bill or voucher will be recognized at the office of the Comptroller that measures less than seven inches by three and one-half inches, and which is not written in ink. 710 COMPTROI.I.KR and CITY REGISTER— ORDINANCES. [arT. 6. Official memo- randum of such work and supplies to be kept. Contents thereof. Comptroller not to pay bills except upon written orders. Ord. 85, October 6, 1879. City Code, (1893) Art. 11, Sec. 35. 32. There shall be kept in the office of each and every municipal official, officer, agency, employe, servant or agent, of the city government, who or which may order work to be done or supplies to be furnished, and for which payment is to be made by the Mayor and City Council of Baltimore, an official copy or memorandum of each and every order issued for work or supplies, with the probable cost of the same, which official copy or memorandum shall at all times be open to the inspection of the Mayor, Comptroller and members of the City Council of Baltimore. Ord. 85, Oct. 6, 1879. City Code, (1893), Art. 11, Sec. 36. 33. It shall not be lawful for the Comptroller to honor any bill or warrant for payment for work done or supplies ordered for the use of the city of Baltimore, or of any municipal official, officer, agency, employe, servant or agent of the city of Baltimore, unless the written order for such work or supplies, signed by the person or persons ordering the same, shall accompany the bill or warrant for payment. ART. 7 .] CONDEMNATION OF PROPERTY — ORDINANCES. 711 ARTICLE VII. CONDEMNATION OF PROPERTY FOR PUBLIC USES. ORDINANCES. 1. For what public uses property may be condemned , proced- ure in condemnations ; disa- greement with owners or when owners are non-compoSy in- fants, non-residents, etc. ; when summons may issue ; renewal of summons ; when owners unknown summons may be posted on property ; procedure on return of sum- mons ; when court may quash petition ; may order re-sum- mons when error in proceed- ings ; when proceedings regu- lar may appoint appraisers ; duty of appraisers ; if apprais- ers unable to agree, new ap- praisers to be appointed ; ex- ceptions to award ; jury trial ; as in street appeals ; confirma- tion of award ; after award city to pay owners or pay amount of award into court; such pay- ment to vest title in city. 2. Procedure when not expressly provided for by ordinance. 3. Provisions of this Article not to conflict with City Charter. CONDEMNATION OF PROPERTY FOR PUBLIC USES. Ord. 46, March 1, 1904. Ord. 60, March 18, 1904. 1 . Whenever the said Mayor and City Council of Balti- more shall, by ordinance, authorize or direct any board or commission, agents or agent, persons or person, to acquire for it by condemnation, for a school house, engine house, court house, market, bridge or approach to a bridge, or for the establishment or enlargement of a park, square, garden, or other public place, or for any other public or municipal purpose whatsoever, any land, or any right, title or interest in or to any property of whatsoever descrip- tion, which may be acquired by the said Mayor and City Council of Baltimore by condemnation proceedings, and 712 CONDEMNATION OF PROPERTY — ORDINANCES. [aRT. 7 . the manner of conducting such condemnation proceedings shall not be otherwise provided for, the said condemnation shall be conducted in the manner following, that is to say : Manner of con- A petition shall bo filed in the Baltimore City Court in demnation. the name of the Mayor and City Council of Baltimore, setting forth a description of the property proposed to be acquired, together with a statement of the purpose for which the same is desired, and that the board, commission, agents, agent, persons or person, authorized to acquire the same are unable to agree with the owner or owners there- of, or that one or more of said owners are under age, femme covert, non compos mentis, the unknown heirs of some deceased person or persons, non-residents of the city of Baltimore, under some legal disability to contract, or are unknown, whichever may be the fact or facts that cause the condemnation proceedings, and said petition shall contain a prayer that the court will have the said property condemned ; the court shall thereupon pass an order requiring a summons to issue for the owner or owners, or supposed owner or owners of the property, and the husbands and wives respectively of those who may be named, to be served by the Sheriff and to be returned by some day to be named in said order, not less than ten nor more than twenty days from the day of the filing of said petition ; and if the owner or owners, or any of them, be Summons may be renewed, not summoned before the return day of the said summons, the same may be renewed from time to time as often as the court, in its discretion, may think proper ; or, if the said owner or owners, or any of them, are non-residents of the city of Baltimore, or are unknown, or cannot be found upon reasonable inquiry, the court shall order the Sheriff to set up a copy of the summons upon the property, and shall order a notice to said non-resident or non-resi- dents, or unknown owner or owners, or unknown heirs of such deceased person or persons, or the owner or owners who cannot be found and served with summons, to be published twice a week for four successive weeks in two daily newspapers published in the city of Baltimore, requiring them to appear in the said court and defend their interest on or before some day to be named in the ART. 7 ] SUMMONS AND APPRAISEMENT — ORDINANCES. 713 order, which day shall be not less than six weeks nor more than eight weeks from the day of the signing of the said order. Upon the return of the said summons, or upon Return of • • 1 1 1 summons. the expiration of the time prescribed in said order of pub- lication, or upon the appearance of the owner or owners, or supposed owner or owners of said property, the court shall hear and determine any reasons that may be alleged why said property should not be lawfully condemned for the purpose set forth, and if it appears to the court that any such owner or reputed owners are under any legal disability to make his, her or their defense, the court shall either authorize their duly constituted guardian or com- mittee to appear and defend for them, or shall appoint some suitable person as guardian ad litem for them, to appear in their name and defend their rights ; if the court shall determine that the property is not subject to condem- nation at all, it shall quash the petition ; if it shall determine that the proceedings are void for want of a proper notice or summons, which has not been cured by the appearance of the owners or reputed owners of the property, it shall order a re-summons or a re-publication of the order or court may notice ; the court shall at any time have power to permit resummons, any amendments in matters of form ; if there be no objec- tion to the condemnation of the said property, or if the court shall decide against the validity of any such objec- tion as may be alleged, it shall order and adjudge that such property be subject to condemnation, and shall appoint as appraisers three inhabitants of the city of Baltimore, not in anywise interested in the property to be condemned, nor related to the owner or owners thereof, each of whom shall, before acting, make oath before the Clerk of the Baltimore City Court, or before any officer duly authorized to take affidavits, that he will justly and impartially value the property described in the aforesaid petition, and the interests of the several owners thereof, and as soon as conveniently may be the said appraisers shall assess the value of the property, or the interest or property, estate therein sought to be condemned, and apportion the same among the various owners thereof, according to the values of their respective interests, and return to the 714 CONDEMNATION OF PROPERTY — ORDINANCES. [arT. 7. Baltimore City Court their award of the value of the said property and of the respective interests of the several owners thereof, under their hands and seals, and shall give notice by advertisement twice a week for one week in two of the daily papers published in Baltimore city, that such award has been returned to the Baltimore City Court, and that all persons having an interest therein may show cause, if any they have, why the same should not be confirmed during the ten days succeeding the filing of the said award ; and if the appraisers appointed as herein- before provided should be unable to agree upon an award, they shall so report to the Baltimore City Court, and new appraisers shall be appointed who shall proceed as above provided ; and new appraisers may in like manner be New appraisers appointed from time to time, until an award shall be may be appointed agreed upon ; the said award shall be in court ten days time. subject to cxccption, and either the Mayor and City Coun- cil of Baltimore, or any owner or reputed owner of any interest in the property sought to be condemned, whether he shall have previously appeared to the said petition, or shall have been made a party thereto or not, shall have the right to file exceptions to said award, and any person interested in the said property may pray a jury trial on the hearing of the same ; upon such exceptions being filed, the court shall, as soon thereafter as conveniently may be, have the same heard, tried and determined in court (before a jury, if requested by either party) in the same manner as appeals in street cases are now heard, and all the taxed costs of such appeal shall be paid by the Mayor and City After con- Council of Baltimore ; after the confirmation of all the au“wSs° awards of the said appraisers, to which there are no exceptions, and after the rendition of the verdicts by the juries, and the approval thereof by the Judge of the Bal- timore City Court, in all cases where there are such exceptions or appeals, or after judgment rendered by the court upon exceptions and appeals, when no jury trial is requested, the said Mayor and City Council of Baltimore shall either pay to the owner of such property the amount awarded by the jury or appraisers, or pay the same into the clerk's office of the Baltimore City Court, for the use ART. 8.] COURTS — ORDINANCES . 715 of the respective owners of said property, or of the respec- tive interests therein, and thereupon the Mayor and City Council of Baltimore shall be vested with the title to the said property. Ord. 46, March 1, 1904. Ord. 60, March 18, 1904. 2. In all cases in which the Mayor and City Council of Baltimore has heretofore by ordinance authorized and Acquisition by directed the acquisition by condemnation of property for its use, and has not prescribed by such ordinance the manner in which condemnation proceedings thereunder shall be conducted, such proceedings, unless otherwise provided by law or ordinance, shall be conducted in accord- ance with section 1 of this Article. Ord. 46, March 1, 1904. Ord. 60, March 18, 1904. Thisordi- • •• 1 nance cannot 3. The foregoing provisions of this Article shall not be conflict with 1 . . r. 1 City Charter. construed as conflicting with any provision of the Charter of Baltimore city, or of any existing law, nor as conflicting with, supplanting or altering any existing ordinance of the Mayor and City Council of Baltimore providing the manner in which condemnation proceedings shall be conducted. ARTICLE VIII. COURTS. ORDINANCES. Judges of Supreme Bench. 1. Judges of Supreme Bench to receive additional salary. 716 KIvKCTRICAI, commission and subways — ORDINANCES. [arT. 9. Additional salary. JUDGES OF SUPREME BENCH. City Code, (1879) Art. 14, Sec. 1. City Code, (1893) Art. 14, Sec. 1. 1 . There shall hereafter be annually paid by the City Register, out of the city treasury, to each of the Judges of the Supreme Bench of Baltimore city, the sum of five hundred dollars, as an addition to the salaries paid to the said Judges by the State of Maryland, the said sum of five hundred dollars be paid in equal quarterly instalments on the first days of January, April, July and October of each year. ARTICLE IX. ELECTRICAL COMMISSION AND SUBWAYS. ORDINANCES. Electrical Commission of Baltimore. 1. Authority to construct a general system of conduits under the streets, etc. Chief Engineer. 2. Commission to employ ; his compensation ; must be an electrical expert. Subordinates. 3. Authority to employ assistants. Labor and Materials. 4. To employ labor and purchase materials as may be necessary; registered voters only to be employed. Contracts. 5. Commission to have prepared plans and specifications of work tp be performed ; to ad- vertise for proposals. Powers of Electrical Commission and Use of Subways. 6. To require all wires to be placed under ground ; to enforce or- dinances to this end. 7. To rent space in conduits to any applicant ; proviso. 8. Over-head wires to be placed under-ground b}^ owners of same on requirement of Com- mission. ART. 9 .] ELECTRICAL COMMISSION AND SUBWAYS — ORDINANCES. 717 9. Time limit within which such order of Commission must be complied with ; penalty for non-compliance. 10. Commission may chop down poles on failure of owners to remove same. 11. Commission to serve notice upon the president or general manager of companies main- taining over-head wires to furnish plans of wires, etc.; penalty for failure to furnish such information. Rentals, Rules a7id Regulations Relatmg to Duct Space. 12. Commission to determine rent- als and fix conditions, rules, etc., for use of conduits. 13. Scale of rentals for city con- duits. 14. Collection of rental in arrears and removal of wires for non- payment of rental. Monthly Stateme^it. 15. Commission to make monthly statement to Comptroller of money received; to pay moneys to City Register. Bond from Users of Duct Space. 16. Corporations, etc., to give bond before placing wires in ducts. Unlawful Tampering with Subway System. 17. Tampering with manholes or conduit system without per- mit from Commission pro- hibited. 18. Penalty for such tampering. The Chesapeake and Potomac Tel- ephone Company of Baltimore City and The Chesapeake and Potomac Telephone Company. 19. Confirming rights vested im said companies under Ord. 41, May 9, 1889; said com- panies authorized to lay their wires underground ; to con- struct conduits and man- holes ; may make necessary house connections. 20. No exclusive rights granted to^ said companies hereunder ; poles to be removed as con- duits are completed. 21 . Said Companies to make annual payment to city as compensa- tion for privileges granted ;, minimum amount of sucIl payment; Commission to sup- ervise construction ; pave- ments to be replaced at ex- pense of companies. 22. Such construction to provide space for fire alarm and police patrol wires. 23. Said companies to give bond. 24. Provisions of Ord. 41, May 9, 1889 to remain unaffected by this codification. Fines and Penalties. 25. Collection of fines and penalties imposed by this Article. 718 kIvKctricai, commission and subways — ORDINANCES, [art. 9. Authority to construct a general sys- tem of con- duits under the streets, etc. Authority to employ. Authority to employ help ELECTRICAL COMMISSION OF BALTIMORE.^" fOrd. 107, August 25, 1898, Sec. 1. 1 . An Electrical Commission for the city of Baltimore is hereby created, to consist of the Mayor of the City, ex officio, and the City Register, ex officio, and President of the Board of Fire Commissioners, ex officio, and said Com- mission is hereby authorized and directed to construct a general system of conduits under the streets, lanes and alleys of the city of Baltimore for the reception of the wires now strung over said streets, except the trolley wires belonging to street railway companies ; said conduits to be constructed within such territory or districts as may be determined by said Electrical Com- mission, in pursuance of the Acts of Assembly of Maryland, Chapter 200, of the Acts of 1892. , Chief Engineer. Ord. 107, August 25, 1898, Sec. 2. 2 . The Electrical Commission is authorized and em- powered to employ a suitable Chief Engineer at such salary as said Commission may direct, not exceeding four thousand dollars ($4,000) a year, who shall cause to be prepared the plans and specifications for the execution of the work and superintend the construction of the same, but the Chief Engineer shall be an electrical expert as well as a civil engineer. Subordinates. Ord. 107, August 25, 1898, Sec. 3. 3 . The Electrical Commission is hereby authorized and •empowered to employ such engineers, inspectors, drafts- *NoTE. — For prior legislation relative to earlier commissions relating to the work of placing Police and Fire Alarm Telegraph and Police Patrol Systems and other electrical wires under ground, see, ordinances, No. 49, April 16, 1894, No. 34, April 16, 1895, No. 107, June 12, 1895, No. 96, May 16, 1896. fNoTE. — Ord. 107, August 25, 1898, is fully construed in re Purnell z/. McEane, 98 Md. 590. ART. 9 .] POWERS OF KTKCTRICAT COMMISSION — ORDINANCES. 719 men, electricians, clerks, laborers and other employes as in its judgment are requisite for the best interests of the work. Labor and Materials. Ord. 107, August 25, 1898, Sec. 4. 4 . The Electrical Commission is authorized and empowered to employ such labor and to purchase such materials as may be necessary to enable the said Commis- "materials, sion to perform the work under the direction of the Chief Engineer, or so much of the work as said Commission may deem to the best interest of the city of Baltimore for said Commission to perform, but in hiring labor it shall hire no man who is not a legally registered voter of the city of emp^ioyed.„ Baltimore. Contracts. Ord. 107, August 25, 1898, Sec. 5. 5 . Before any contract shall be awarded for the furnish- commission to ing of any or all materials for beginning the construction pj^d’pf^ns or constructing of said conduits, the Electrical Commission specifications shall have prepared (after obtaining from the various perfumed. corporations and persons owning overhead wires such data relating to size, routes and number of said wires owned and operated by them, respectively, and such other data as the Electrical Commission may deem requisite) full and comprehensive plans and specifications of the work to be performed under this Article and to advertise for proposals ^fo1-'^p?opos\is. for furnishing the necessary materials, the plans and specifications to be open to all bidders up* to the date for opening proposals. POWERS OF ELECTRICAL COMMISSION AND USE OF SUBWAYS. Ord. 107, August 25, 1898, Sec. 10. 6 . The Electrical Commission is empowered and di- rected to require all wires to be removed from above the 720 KI^KCTRICAIv commission and subways — ORDINANCKS. [aRT. 9 . To require all wires to be placed un- der-ground. To rent space. iProviso. Wires to be placed under- ground. streets (no wires being allowed to cross over any street, lane or alley from house to house) and placed under-ground in said conduits (the trolley wires of the street railway companies excepted) in such streets or districts and at such times and in such manner and on such notice as may be prescribed by the Electrical Commission; and further, to use such drastic or summary methods as may in the judgment of the Electrical Commission become expedient or necessary to fulfil the requirements of the laws and ordinances of the Mayor and City Council of Baltimore, which have been or which may hereafter be passed requir- ing telegraph, telephone, electric light, feed and other (except trolley) wires to be placed under ground. Ord. 107, August 25, 1898, Sec. 11. 7. When said conduits, or any part thereof shall have been completed and made ready for occupancy, and the rate of rental thereof shall have been fixed and established as heretofore provided, the Electrical Commission is author- ized and directed to rent space in the said municipal conduits to any applicant who shall comply with the con- ditions prescribed by this Article and such further condi- tions as may be specified by the Electrical Commission; provided, however, that said applicant shall place in the said space wires and cables within six months from the time application for said space is granted by the Electrical Commission. Purnell v. McLane, 98 Md. 590. Ord. 106, August 25, 1898. 8 . All corporations or individuals owning or operating overhead lines within the city of Baltimore are directed to place their wires underground in accordance with the Acts of Assembly of Maryland, Chapter 200, Acts of 1892, when ordered so to do by the Electrical Commission of the city of Baltimore in such streets or districts at such time and in such manner as may be prescribed by said Com- mission. ART. 9 .] DATA TO BE FURNISHED COMMISSION — ORDINANCES. 721 Ord. 106, August 25, 1898. 9 . Said corporations or individuals failing to comply Time limit, with the order of the Electrical Commission to place their wires under ground within one hundred and fifty (150) days from the time of said notification, to be served on the president, manager or other legal representative of said corporations, or on the individuals or respresentatives of individuals owning or operating overhead wires shall be subject to a fine of fifty dollars ($50) for each and every Penalty, pole left standing for each and every week over and above the one hundred and fifty (150) days above specified. Ord. 106, August 25, 1898. 10 . The Electrical Commission is hereby directed to commission’s chop or saw down and remove the poles and wires of any move poles, corporation or individual failing to comply with the notifi- cation of said Commission within one hundred and seventy- eight (178) days from the time of serving said notice. Ord. 108, August 25, 1898. 11. As fast as the Electrical Commission shall decide upon the streets and alleys of the city through which they propose to construct the subways, there shall be served upon the president or general manager of each and every commission to telegraph, telephone, electric light, street railroad, street railway and other companies having or maintaining over- JenemT* head wires of any description on the streets or alleys so de- S^wfsh termined on a notice, to be signed by the Mayor, requiring such companies to furnish to the Electrical Commission a de- tailed statement or drawings and plans, or both, showing clearly the wires they propose to use (exclusive of trolley wires) on such streets and alleys, with the size of said wires, the points of distribution and the location of all city lamps, dwellings, stores or other places supplied with electrical current by said wires, and the character of such service, and such other information with regard to the same as the Electrical Commission may consider requisite to enable it to carry out the purpose of its creation; and each of said 722 KI.BCTRICAI, COMMISSION AND SUBWAY — ORDINANCES. [aRT. 9 . companies which shall fail to furnish fully and accurately the above information within sixty (60) days from the time of such notice shall forfeit and pay a fine of twenty-five Penalty. dollars ($25) a day for each and every day they shall re- main in- default. RENTALS, RULES AND REGULATIONS RELATING TO DUCT SPACE. Ord. 107, August 25, 1898, Sec. 6. 12. The Electrkal Commission is authorized and em- powered to determine the amount of rental to be charged for the use of the conduits constructed or to be constructed under this sub-division of this Article, subject to the approval of the Mayor and City Council of Baltimore; and the Electrical Commission is further authorized to deter- mine and fix the conditions, rules and regulations governing the use of said conduits, the manner of payment of rentals, etc. , and, further, to prescribe such summary methods as may be deemed by the Electrical Commission expedient or necessary for the enforcement of said conditions, rules and regulations. Authority to determine rentals and fix condi- tions, rules, etc. Ord. 81, December 10, 1900. ^R?rcfty^^^^^® rates of said rentals as determined by the Elec- conduits. trical Commission are hereby approved and are as follows: Up to and including 5,000 feet, seven cents per duct foot per annum. For 5,001 to 25,000 duct feet inclusive, six and a half cents per duct foot per annum. I* 'or 25,001 to 50,000 duct feet inclusive, six cents per duct foot per annum. For 50,001 to 100,000 duct feet inclusive, five and a half cents per duct foot per annum. For 100,001 duct feet and over, five cents per duct foot per annum. Purnell v. McEane, 98 Md. 595. [art. 9. MONTHLY STATEMENT — BONDS — ORDINANCES. 723 Ord. 107, August 25, 1898, Sec. 7. 14 . The Electrical Commission is empowered and di- rected to send notices to all corporations or persons leasing arrears, space in said conduits at least ten days in advance of the time rental is due for said space so leased, and to collect said rental within ten days from the time the same is due; and the said Commission is further directed, in event of failure of any lessee to pay his or its rental within the ten days specified, to remove all the cables or wires belonging to said lessee without notice at said lessee’s expense, and require the payment of the rental in arrears by said lessee before his or its cables or wires may be replaced; provided it is deemed expedient by said Commission to reissue a permit to said lessee, and the bond as hereinafter provided proviso, for shall be liable for the expense of such removal or removals and arrearages of rent. Monthly Statement. Orel. 107, August 25, 1898, Sec. 8. 15. The Electrical Commission is directed through its chairman to present a monthly sworn statement to the commission to Comptroller of all money received by said Commission monthly from rentals, fines or other sources, and to pay over to the City Register on the first Monday of each month the moneys thus received during the next preceding month. Bond from Users of Duct Space. Ord. 107, August 25, 1898, Sec. 9. 16 . The Electrical Commission is directed to require from all corporations or persons desiring space or com- pelled to rent space in the said conduits a bond with good and satisfactory surety in amount equal to one hundred corporations, dollars ($100) per mile of duct rented before said corpora- bond!° tions or persons are allowed to place any of their wires or cables in said conduits. 724 KivECTRICAL COMMISSION AND SUBWAYS — ORDINANCES. [aRT. 9 . UNLAWFUL TAMPERING WITH SUBWAY SYSTEM. Ord. 101, January 15, 1901. open man- 17 . Any and all persons, except the uniformed force of the Fire Alarm Telegraph Department, are prohibited from tampering with or opening or in any way interfering with any of the man-holes or lines of conduits in the city conduit system or in the underground system of the Fire Alarm Telegraph, without first having obtained a permit from the Electrical Commission as provided for in the rules and regulations governing the use of the city underground conduits established by the Electrical Commission, in con- formity with the provisions of this Article and such amendments hereto as may from time to time be adopted. Ord. 101, January 15, 1901. 18. Any violation of the provisions of the next preced- ing section of this Article shall be a misdemeanor, and shall be punishable by a fine of not less than fifty dollars ($50) nor more than three hundred dollars ($300) or im- prisonment in the House of Correction, House of Refuge or City Jail for such term or terms not exceeding twelve (12) months as may be determined by the court, or to both fine and imprisonment. THE CHESAPEAKE AND POTOMAC TELEPHON E COMPANY OF BALTIMORE CITY AND THE CHESAPEAKE AND POTOMAC TELEPHON E COMPANY. Ord. 41, May 9, 1889. City Code, (1893) Art. 48, Sec. 90. 19 . The rights, powers and privileges which have be- come lawfully vested in the Chesapeake and Potomac Telephone Company of Baltimore City and the Chesapeake and Potomac Telephone Company by virtue of Ordinance Ord. 41. May 9. No. 41 of the Mayor and City Council of Baltimore, approved May 9, 1889, are hereby ratified and confirm.ed and in pursuance with the authority conferred by said ordinance, the said telephone companies acting separately, or in conjunction are respectively authorized to lay their or ART. 9 .] C. & P. TKLKPHONB COMPANY — ORDINANCES. 725 their respective telephone wires in cables laid in suitable °to\e conduits under the surface of the streets, alleys or high- ways in said city, now traversed or to be so^ traversed by their said respective wires, with the necessary man-holes for affording access to said cabl es. Such conduits and man- Construction of holes shall be constructed in such manner as not to injure man-holes, any vault, sewer, water pipe, or gas pipe, and such con- duits and man-holes shall be constructed by either or both of said companies as parts of one system, at their, or their respective cost and expense, and said companies so acting separately or jointly in constructing said system of under- ground wires shall have power to make the necessary house-connections in localities where the same may be required, in such manner as may be best adapted to the location by means of any wire or wires from such cable or , cables ; provided, however, that the said two companies, if acting together, shall have and possess the powers and privileges only which might have been exercised by one of said companies if acting alone under said ordinance. C. & P. Telephone Co. v. Baltimore, 89 Md. 689. C. & P. Telephone Co. V. Baltimore, 90 Md. 638-641. Baltimore City z/. C. & P. Telephone Co., 92 Md. 692. Ord. 41, May 9, 1889. City Code, (1893) Art. 48, Sec. 91. 20 . Nothing contained in sections 19 to 23 inclusive of this Article shall be construed to grant unto either or both of said telephone companies the exclusive right to lay underground wire cables within the limits of the city of Baltimore, and the rights granted by said ordinance shall no exclusive cease and determine, unless three miles of the underground gVamed. conduits provided for by said ordinance are constructed within two years from the date of its approval, and after said two years, and as rapidly as said conduits may be con- structed, and said cables are laid therein, all poles belong- ing to, or under the control of either of said companies, standing upon any street or thoroughfare in this city, along which any such conduit is constructed and cable laid, shall be removed, and shall not be replaced, except in so 726 EIvKCTRICAL commission and subways — ORDINANCES. [arT. 9. Payment for grant of privileges. far as such existing pole or poles now standing, or here- after to be maintained or erected by such companies or company, are necessary to be maintained or erected by them, or it, for the purpose of making distribution of and forming connections with any wire or wires forming part or parts of any such cables so laid in a conduit with the building or buildings, or place or places intended to be connected with such wire or wires from such cable. Ord. 41, May 9, 1889. City Code, '(1893) Art. 48, Sec. 92. 21 . Said companies shall, in consideration of the rights and privileges granted to them by said ordinance before constructing any portion of the conduit or conduits herein- before authorized, enter into an agreement in a form to be approved by the Mayor of the City of Baltimore, and with sufficient security, certified by the Comptroller and approved by the Mayor, to pay annually to the Mayor and City Council of Baltimore, thirty cents for each lineal yard of the first four miles in aggregate lineal length of conduit or conduits, constructed under the provisions of said ordi- nance, and twenty cents per lineal yard for each succeeding mile or fraction of a mile of the aggregate lineal length of such conduit or conduits exceeding such aggregate lineal length of four miles ; provided, however, that the annual payment so to be made in any year, accounting from the date of the approval of said ordinance, shall not be less than the sum of three thousand dollars, and shall also, before constructing any portion of such conduit or conduits, file with the Electrical Commission a plan showing the location and character of the portion or portions of the conduit or conduits next proposed to be constructed ; and every such conduit or part thereof shall be constructed under the supervision of the Electrical Commission, and all paving which may be temporarily removed by the said companies in the course of the construction of any conduit or con- duits authorized by said ordinance, shall be restored or replaced, under the direction and superintendence of the City Engineer, by the companies or company constructing said conduit or conduits, and at their or its expense, in a manner satisfactory to the City Engineer. ART. 9 .] LIGHT AND POWER COMPANY— ORDINANCES. 727 Ord. 41, May 9, 1889. City Code, (1893) Art. 48, Sec. 93. 22. In every underground conduit constructed under the provisions of said ordinance, space shall be provided, if required, free of cost or rent for the laying therein by the Board of Fire Commissioners of the city of Baltimore of a cable for the exclusive and official use only of the fire alarm telegraph and police patrol wires. Ord. 41, May 9, 1889. City Code, (1893) Art. 48, Sec. 94. 23. The said companies shall, before exercising any privileges under said ordinance enter into a bond in the sum of ten thousand dollars, with good and sufficient securities to be approved by the Mayor and Comptroller, conditioned that the company or companies exercising the privileges granted by said ordinance will faithfully perform the obligations imposed upon it or them, respectively, thereby. 24. Nothing in this sub-division of this Article shall in provisions of any manner be construed to impair, abridge or add to the ® ma£ un- force and effect of any of the provisions of ordinance No. ?hE^codifi?a 41, approved May 9, 1889, codified as section 19 to 23, inclusive, of this Article. FINES AND PENALTIES. 26. All fines and penalties incurred by the violation of conecuon^of any of the provisions of this Article are to be recovered as penalties, other fines and penalties imposed by ordinance are recovera- ble, and when collected are to be paid to the Comptroller. NOTE. — The following is a list of ordinances and resolutions of the Mayor and City Council of Baltimore of a private nature, heretofore duly passed, relating to the municipal subway system and certain rights, fran- chises and privileges in the beds of the streets of the city for the distri- bution of electricity and gas. Consolidated Gas Electric Light and Power Company. Ordinances and resolutions of the Mayor and City Council of Baltimore heretofore passed relating to the Consolidated Gas Electric Light and Power Company and its comstituent companies are as follows : Brush Electric Company, Ord. 97, May 19, 1881. Res. 142, May 1, 1893. KI.ECTRICAI. COMMISSION AND SUB-WAYS — ORDINANCES. [aRT. 9. Chesapeake Gas Company, Res. 144, May 9, 1885. Consumers Mutual Gaslight Company, Ord. 119, June 12, 1876. Res. 71, March 23, 1877. Res. 179, June 4, 1877. Gaslight Company of Baltimore, Ord. 11, June 17, 1816. (This Ord. is No. 28 in the reprint of 1876). Ord. 12, March 27, 1818. (No. 18 in reprint of 1876). Ord. 16, March 10, 1823. Ord. 32, April 8, 1843. Ord. 34, May 28, 1852. Ord. 74, July 22, 1852. Ord. 70, May 3, 1859. Ord. 13, March 3, 1868. Ord. 76, May 10, 1871. Ord. 100, June 13, 1871. Ord. 165, November 2, 1876. (Ord. 43, May 10, 1878. General ordinance relating to lighting of City with gas. Ord. 81, June 28, 1878, supplementing Ord. 43, May 10, 1878.) Ord. 75, April 29, 1880. Peoples' Gaslight Company, Ord. 76, May 10, 1871. Ord. 100, June 13, 1871. Ord. 165, November 2, 1876. Maryland Telephone and Telegraph Company. Ordinances of the Mayor and City Council of Baltimore heretofore passed relating to the Maryland Telephone and Telegraph Company and the Home Telephone and Telegraph Company, its predecessor, are as follows : Ord. 110, July 1, 1896. Ord. 76, May 11, 1904. United Railways and Electric Company. Ord. 54, May 7, 1902. Miscellaneous Companies and Individual Grantees. Ordinances relating to other corporations and individuals in connec- tion with rights and privileges in the municipal subway system are as follows : Epstein, Jacob, Ord. 115, April 23, 1906. Fentress, Richard B, and Summerfield, B, Medairy, Ord. 161, December 1, 1904. Holmes Electric Protective Company, Ord. 265, May 15, 1905. Regents University of Maryland, Ord. 115, June 23, 1904. ART. 10 .] FINKS AND FORFKITURKS — ORDINANCKS. 729 ARTICLE X. FINES AND FORFEITURES. ORDINANCES. 1 . Any municipal officer may bring action to recover penalties for violation of ordinances. 2. Officers failing to pay over fines may be presented by Mayor to grand jury. 3. In case of judgment of non pros informer to be liable for costs. 4. Informer to get no part of fines. 5. Duty of justice when judgment b}'^ him is superseded ; duty of City Register therein. 6. Power of Mayor to remit fines ; to hand over to City Register list of fines remitted. 7. When Mayor may also pay costs and jail charges. FINES AND FORFEITURES. City Code, (1879) Art. 19, Sec. 1. City Code, (1893) Art. 19, Sec. 1. 1 . Any municipal official or officer of the city shall have full power and authority to commence and institute before a Justice of the Peace, any writ or action in the name of this corporation, to recover any penalty or penalties incurred by the violation of any ordinances of this city. * City Code, (1879) Art. 19, Sec, 5. City Code, (1893) Art. 19, Sec. 5. 2. In all cases where money due or payable to the cor- poration has been or shall be received by a Justice of the Peace or other officer, who shall neglect or refuse to pay Refusal to pay over such money to the proper officer of the city, the fi»esoverto Mayor shall take speedy measures to recover the same, and also make a presentation of such conduct to the grand jury, or to the proper authority under which such officer may hold his appointment. *Note. — In relation to prosecutions for fines imposed by ordinance or statute, see , — Salfner v. State, 84 Md. 299. 730 FINKS AND FORFKITURES — ORDINANCES. [aRT. 10. City Code, (1879) Art. 19, Sec. 6. City Code, (1893) Art. 19, Sec. 6. 3. In all cases of information before any Justice of the Peace, for any violation of any ordinance, where there shall be a judgment of non pros. or. non suit, the informer. Informer liable and not this corporation, shall be liable for the costs of the prosecution. aty Code, (1879) Art. 19, Sec. 7. City Code, (1893) Art. 19, Sec. 7. 4. No informer shall be entitled to any portion of any fine or penalty imposed by virtue of any ordinance of the Mayor and City Council of Baltimore. City Code, (1879) Art. 19, Sec, 8. City Code, (1893) Art. 19, Sec. 8. 5. Whenever any judgment, which may be rendered by a Justice of the Peace, for any fine or penalty incurred by lS?ments. the violation of any ordinance, shall be superseded, it shall be the duty of the justice rendering such judgment to deliver to the officer who served the summons, a copy of such judgment, and the said officer, under the penalty of ten dollars, shall within six days thereafter, file said copy with the City Register who is hereby authorized and directed, when the stay of execution on any such judgment has expired, to have the same collected by execution or otherwise. City Code, (1879) Art. 19, Sec. 9. City Code, (1893) Art. 19, Sec. 9. ^ oTtofemfr Mayor is authorized and empowered to remit so much of any fine or penalty as to him shall seem just and reasonable; provided, that such power shall not extend to the costs of prosecution, and the Mayor shall hand over to the City Register a list of all such fines remitted by him; with the names of the person or persons to whom such fines were remitted. City Code, (1879) Art. 19, Sec. 10. City Code, (1893) Art. 19, Sec. 10. 7. The Mayor is authorized and empowered in all cases of actual confinement in jail of any person for a violation ART. ll.J FIRB DEPARTMENT ORDINANCES. 731 of the city ordinances, to pay all costs of prosecution and jail charges, in addition to the remission of the fine, in all cases where he may think it right and proper, and an appropriation has been made therefor in the annual ordi- nance of estimates. ARTICLE XI. FIRE. ORDINANCES. PART I. FIRE DEPARTMENT. Board of Fire Commissioners. Clerical Force. 1. Appointment of clerk and as- sistant clerk ; their duties. 2. Personnel of the department. Salaries of Subordinates . 3. Salaries of members of the Fire Department. 4. Appointment of subordinates. Proceedings of Board. 5. Meetings, accounts and annual reports. Duties and Powers of Board. 6. Authority of Fire Commission- ers at fires. Rules and Regulations of Fire Department. 7. Board to prepare rules and fur- nish copies and have copies posted in engine and truck houses. 8. Board to control property of Department ; to make pur- chases and expenditures for Department same not to ex- ceed appropriation therefor. Care of Members of Department. 9. No deductions in salaries during sickness ; proviso as to certifi- cate of disability. 10. Pay during disability received in line of duty. 11. Pay to family of member in case of death in discharge of duty. 12. Insurance on lives of firemen. 13. Relief of injured substitutes. Apparatus of Fire Department. 14. Apparatus and equipment of Fire Department. 15. What property of each com- pany to consist of. Duties and Authority of Chief Engineer. 16. To proceed to fires and prop- erly dispose apparatus thereat. 17. To command at and direct ex- tinguishment of fires ; to pre- serve order and enforce law at fires ; to have care and keeping of fire apparatus and equipment ; to report to Board of Fire Commissioners alterations and repairs re- quired in apparatus and equipment. 732 FIRE DEPARTMENT — ORDINANCES. [art. 11. 18. To transmit to Board all com- munications relating to the fire department ; to keep rolls of the companies. 19. In absence of Chief Engineer, district Engineer to act in his stead. Examining Board of Fire Department. 20. Of whom to consist ; one mem- ber to be appointed by the Mayor ; board to investigate and examine qualifications of candidates ; to prepare grad- ed lists of those qualified ; ap- pointments to be made from three names standing highest on list. 21. How examinations are to be conducted. 22. No name to be placed on pay- roll until a certificate of said Board has been filed with Comptroller. 23. Duties of clerk to the Board. 24. Oath of impartiality of mem- bers of Board ; oath to be recorded. Fire Atarm Telegraph. 25. Superintendent of same ; qual- ifications ; duties. 26. Appointment of six telegraph- ers ; their duties. 27. Appointment of lineman, as- sistant linemen and battery- man. 28. Duties and authority of Super- intendent ; to keep proper books and records ; to report to Board of Fire Commission- ers ; Mayor may inspect his books ; his bond. 29. Hours of duty of telegraphers; to transmit alarms ; further duties ; bond. 30. Duties of lineman and assist- ants; bond. 31. Penalty for defacing poles of fire alarm telegraph. 32. Fire alarm signal boxes in pub- lic buildings ; to be installed therein on application of owner ; expense of same to be borne by applicant. 33. Said boxes to be connected with regular wdres of depart- ment ; supervision and ex- pense of such connections. 34 . To be at all times under con- trol of Fire Department. 35. Subways and conduits of Ches- apeake and Potomac Tele- phone Company to be used where practicable. Fire Plugs., Screws and Suction Tubes, 36. Specification for standard screws. 37. Screws for fire plugs to be uni- form. 38. Control of plugs at fires. 39. Penalty for obstructing access to plugs. Fire Inspector. 40. Mayor to appoint person named by fire insurance companies ; to be paid by said companies; his duties; to report to Mayor; penalty for obstructing In- spector; city not to be liable for his salary or office expen- ses. ART. 11.] BOARD OF FIRF COMMISSIONERS — ORDINANCES. 733 41. Police to give information to inspector of houses not pro- perly secured ; police to noti- fy owners; penalty for neglect to properly secure ; exception as to houses in course of con- struction. 42. Inspector to offer reward for incendiaries. 43. Lamps in front of . engine houses. Municipal Telephone Exchafige. 44. Appointment of operators of exchange ; location of e x - change. Salvage Corps. 45. Fire Department and Salvage Corps apparatus to have right of way in streets. 46. Penalty for hindering wagons of vSalvage Corps. PART II. POLICE REGULATIONS AND PREVENTION OF FIRES. Police Regulations. Duty of Police. 47. Police of district in which fire occurs to communicate same to central station. Fines and Penalties for Interfering with Property of Fire Department. 48. For injuring apparatus, ob- structing members or appa- ratus of department and interfering with proper use of signal boxes. 49. Driving over hose in use pro- hibited ; to whom not to apply. 50. Penalty for turning in false alarm of fire. 51. Reward for conviction of per- sons giving false alarm. 52. Penalty for unauthorized pos- session of keys of signal boxes, etc. 53. Penalty for unauthorized use of uniform. Prevention of Fires. Precautions. Fines and Penalties. 54. Regulation of lights in stables; penalty. 55. Lamps attached outside of wooden buildings ; penalty. 56. Prohibiting smoking, or use of uncovered lamps in stables ; police may enter and arrest offenders ; copy of this section to be posted in stables; penalty. 57. Fireworks prohibited; penalty; Mayor may grant free permit for fireworks. 58. Sale of fireworks, except in original package prohibited ; penalty. 59. Manufacture of fireworks pro- hibited ; penalty. 60. Ashes not to be kept in wooden vessels ; penalty. 61. Requirements for buildings wherein hay and straw are kept ; penalty. 734 FIRK DEPARTMENT — ORDINANCES. [art. 11. 62. Liability for penalties; reason- able notice; proviso as to sec- ond offense. 63. Fire prohibited on deck of vessels at night ; penalty. 64. Matches, pipes and cigars not to be lighted on wharves, etc. 65. Penalty for violation of next preceding section. Shavings. 66. Whereto be deposited; when to be burnt ; penalty. Safety Regulations for Hotels. 67. Plan of hotel to be posted in each room ; signs indicating fire escapes ; fire escapes and fire alarm bells. 68. Inspector of Buildings to re- quire compliance with safety regulations; penalty for non- compliance. Inflammable and Explosive Materials. Dynamite., Nitro-Glycerine., Etc. 69. Manufacture of same prohibit- ed ; penalty. 70. Unlawful to store same with- out permit ; penalty. 71. Buildings used for such storage to have sign showing material stored ; penalty, 72. Blasting without permit from Mayor unlawful. 73. Penalty for blasting without permit. Gasoline, Naphtha and Benzene. 74. Quantity of gasoline that may be kept on hand; automobile storage stations excepted. 75. Regulations for automobile storage stations; specifications for storage tanks; approved cans ; sales in automobile storage stations; transfer of oils to storage tanks; permit for such stations; penalty for violation of regulations ; precautionary requirements under which permits issue. 76. Specifications for other storage tanks. 77. Regulations of use of gasoline for domestic purposes; proviso as to cleaners, dyers, etc.; sale of gasoline stoves; all persons selling gasoline stoves and apparatus to be registered and pay registry fee; reservoirs not to be in same building with stoves. 78. Sale of gasoline for domestic- use. 79. Penalties for unlawful sale and use of gasoline and gasoline stoves and apparatus. Gunpowder. 80. Regulations for carriage through city ; penalty for non-observance. 81. Quantity that may be kept; storage regulations; penalty; proviso as to gunpowder in transitu. 82. Requirements for storage of gunpowder; sign; penalty. 83. Search warrant to issue when storage of excessive quantity is suspected. ART. 11.] BOARD OF FIRF COMMISSIONERS— ORDINANCES. 735 Ma7iuf.acture of Oils. 84. Plants not to be erected with- out sanction of Mayor and City Council ; application therefor to be advertised ; penalty for unauthorized erec- tion of plants; proviso as to plants now erected. Storage of Oils. 85. Storage by manufacturers; re- quirements for safety. 86. Sale for illuminating purposes. 87. Penalties for violation of regulations. 88. Collection of fines and penalties. BOARD OF FIRE COMMISSIONERS. Clerical Force. Ord. 21, March 24, 1884. City Code, (1893) Art. 20, Sec. 3. Ord. 51, March 28, 1896. 1 . The Board of Fire Commissioners shall have power cierk and as- to appoint a clerk and an assistant clerk, who, under their appointment supervision, shall perform such duties as they may from time to time prescribe. Subordinates. Ord. 21, March 24, 1884. Ord. 16, March 31, 1887. Ord. 3, March 9, 1888. Ord. 80, June 19, 1888. Ord. 52, April 19, 1890. Ord. 64, May 7, 1890, Res. 172, June 17, 1890. Ord. 7, March 3, 1891. Ord. 37, April 22, 1891. Ord. 69, May 6, 1891. Res. 218, May 27, 1891. Ord. 35, March 28, 1892. Ord. 37, March 28, 1892. Ord. 6, February 4, 1893. Ord. 8, February 4, 1893. Ord. 10, February 9, 1893. City Code, (1893) Art. 20, Sec. 4. Ord. 5, February 23, 1895. Ord. 7, March 5, 1895. Ord. 8, March 5, 1895. Ord. 97, May 25, 1896. Ord. 1, December 11, 1896. Ord. 74, September 30, 1897. Ord, 1, November 24, 1897. Ord. 32, April 12, 1898. Ord. 64, May 19, 1898. Ord. 29, December 29, 1899. Ord. 130, May 3, 1901. Ord. 71, June 11, 1902. Ord. 9, October 22, 1903. Ord. 186, January 12, 1905. Ord. 192, February 3, 1905, Ord. 252, May 2, 1905. Ord. 22, November 10, 1905. Ord. 50, December 26, 1905. Ord. 48, December 26, 1905. Ord. 51. December 26, 1905, 2. The manual force of the Fire Department of Balti- Personnel of more City shall consist (in addition to the Board of Fire nient. 736 FIRE department ORDINANCES. [art. 11. Salaries of; members ol the Fire De partment. Commissioners) of the following named employes, subject to such changes as may be made in said force from time to time by law or ordinance: 1 Secretary and Clerk ; 1 Assistant Secretary and Clerk; 1 Chief Engineer; 6 District Engineers; 1 Superintendent of Machinery; 38 Captains of Engine and Hook and Ladder Companies; 39 Lieutenants of Engine and Hook and Ladder Companies; 29 Enginemen; 32 Assistant Engine- men; 9 Tillermen of Hook and Ladder Companies; 9 Assist- ant Tillermen of Hook and Ladder Companies; 42 Hostlers of Engine and Hook and Ladder Companies; 38 Assistant Hostlers of Engine and Hook and Ladder Companies; 5 Captains of Combination Hook and Ladder Companies; 174 Pipemen; 66 Laddermen; 2 Pilots on the Fireboat; 3 Stokers on the Fireboat; 20 Probationary Firemen; 1 Super- intendent of Telegraph; 6 Telegraph Operators; 2 Telephone Operators; 1 Lineman; 4 Assistant Linemen; 1 Batteryman. Salaries of Subordinates. 3 . The members of the Fire Department mentioned in the next preceding section of this Article shall be paid the following annual salaries, until otherwise provided here- after by law or ordinance: Secretary and Clerk, $1,800 ; Assistant Secretary and Clerk, $1,200; Chief Engineer, $3,000; District Engineer, each, $1,600 ; Superintendent of Machinery, $1,600 ; Cap- tains of Engine and Hook and Ladder Companies, each, $1,200; Lieutenants, each, $1,075; Enginemen, each, $1,150; Assistant Enginemen, each, $1,000; Tillermen, $950 ; Host- lers of Engine and Hook and Ladder Companies, each, $900; Captain of Chemical Engine, $950; Captains of Combination Hook and Ladder Companies, each, $950; Pipemen and Laddermen, $900; Pilots, each, $1,000; Stokers, each, $900; Probationary Firemen, $600; Superintendent of Telegraph, $2,000; Telegraph Operators, $1,100; Telephone Operators, $840; Linemen, $1,200; Assistant Linemen, $1,000; Battery- men, $1,000. ART. 11.] PROCKEDINGS OF BOARD— ORDINANCES. 737 Ord. 21, March 24, 1884. City Code, (1893) Art. 20, Sec. 6. 4 . The Board of Fire Commissioners shall appoint all subordinates in their sub-department;* but they shall be subject to removal at any time by the said Board of Fire Commissioners, whenever in their judgment the good order and efficiency of the Fire Department will be promoted thereby; provided, however, that said employes shall not be subject to removal on account of their political or religious sentiments; nor shall any of the said employes act as judge, clerk or challenger, at any primary or general election, or in any way interfere in any election contest, or do more in a public way than to simply exercise his right of suffrage on any election day.** Proceedings of Board. Ord. 21, March 24, 1884. City Code, (1893) Art. 20, Sec. 7. 5 . The said Board of Fire Commissioners shall hold a Meeting’s, ac- session of the Board on at least three days in each week, annuS r?- at the City Hall. They shall cause all their receipts and disbursements of money to be faithfully entered in books to be provided for that purpose; all the said books and all other documents in the possession of the said Board shall always be open to the inspection of the City Council and any committee appointed by it for that purpose. The said Board shall annually, on or before the fifteenth day of January, prepare and make to the Mayor and City Council of Baltimore an accurate report of the state of the depart- ment and of all purchases and expenditures connected *NoTE 1. — Under the provisions of section 69 of the City Charter, the Board of Fire Commissioners has the power to appoint all subordinates in their sub-department, and fix their compensation, not, however, to exceed in number of employes or aggregate amount of compensation the limits fixed by ordinance. The number of employes and the aggregate amount of their compensation thus depend upon special ordinances as well as upon the annual ordinance of estimates. **Note 2.— In view of the provisions of sections 28 and 69 of the Cit}" Charter, it may be questioned whether any of the provisions of section 4 of this Article are valid, save the last clause thereof. 738 FIRK — ORDINANCFS . [art. 11. therewith during the preceding year, of which report there shall be printed two hundred and fifty copies for the use of the Mayor and City Council of Baltimore. Duties and Powers of Board. City Code, (1879) Art. 20, Sec. 4. City Code, (1893) Art. 20, Sec. 5. Authority of 6. The Board of Fire Commissioners shall, during the mSioSS-s at occurrence of fires or alarms of fires, have authority for themselves, and the power to delegate to the chief engi- neer or his assistants, the authority to control all persons and property in the vicinity of a fire, during the continu- ance thereof ; provided, that the exercise of such authority does not conflict with any law of the United States, or of the State of Maryland. Rules and Regulations of Fire Department. City Code, (1879) Art. 20, Sec. 19. City Code, (1893) Art. 20. Sec. 24. Board topre- 7. The Board of Fire Commissioners shall prepare rules pare same. regulations for the government of the fire companies and the members thereof, and furnish each member of the Fire Department with a copy of said rules, and have said rules posted conspicuously in the office of the Fire Depart- ment and in and about the several engine and truck houses belonging to the Fire Department. City Code, (1893) Art. 20, Sec. 8. Control of 8. The said Board of Fire Commissioners shall have property of /, n ^ -rr t'. i Department, entire control of all property of the Fire Department and be held accountable therefor to the Mayor and City Council of Baltimore; they shall from time to time make such purchases and expenditures for the different branches of the said department within the amount appropriated for the purpose as shall in their judgment be required for the efficient working of said department, and they shall have authority to draw upon the City Register for such sum or sums of money as they may from time to time require, not exceeding the appropriations which shall have been made for the use of the department. ART. 11.] CARK OF MEMBERS — ORDINANCES. 739 Care of Members of Department Ord. 31, April 1, 1884. City Code, (1893) Art. 20, Sec. 11. 9 . No deduction shall be made in the salaries of the no deductions employes of the Fire Department on account of sickness, ness; proviso, provided such sickness does not last longer than six months ; and provided further, that if an employe shall absent himself from duty on account of sickness he shall before receiving his salary, present or have presented to the captain of the company of which he is a member, a sworn certificate from the physician employed by the fire department, stating that he, (the employe) on account of sickness, is unable to perform the duties of a fireman. City Code, (1879) Art. 20, Sec. 25. City Code, (1893) Art. 20, Sec. 30. 10 . Any member of the Fire Department of the city Pay during of Baltimore, receiving injury or becoming disabled, while in the discharge of his duties, so as to prevent him from following his daily occupation or attending to his duties as a member of said department, such member shall, for the space of twelve months, provided his disability shall last that time, receive his usual salary. City Code, (1879) Art. 20, Sec. 26. City Code, (1893) Art. 20, Sec. 31. 11 . If any member of the Fire Department shall lose pay family his life while in the discharge of his duties, it shall be the Jea^th*.^ duty of the Board of Fire Commissioners (as soon as may be convenient after such death) to cause to be paid to the wife or family, including father and mother, depending on the deceased member, the sum of five hundred dollars ; and if said member shall leave neither wife nor children, father, mother, surviving him, then said commissioners shall and they are hereby authorized to defray the proper funeral expenses of said member, the same to be taken out of the appropriation for the Fire Department for the current year. 740 F;RK — ORDINANCES. [art. 11. Ord. 10, March 20, 1888. City Code, (1893) Art. 20, Sec. 32. Ord. 133, August 15, 1904. 12 . The Board of Fire Commissioners is authorized to effect an insurance on the lives of all members of the Balti- more City Fire Department, including the fire alarm telegraph department, so that in case of any injury at any time, they shall receive from the insurance company writing such insurance the sum of five dollars per week during the continuance of such disability as may prevent them from following their usual business, and in case of death resulting from any accident to them, the sum of five hundred dollars ($500) shall be paid by said insurance company to the wife of such member of the Fire Depart- ment, if she be living, or in case there be no wife, then to the children ; and if there be no wife or children living, ^Tives”? then to the father or mother or such other member of such firemen. persou’s family as may be depending upon him for support ; and if none such, then the amount shall be paid to the Board of Fire Commissioners for the benefit of the Fire Department, and the sum of fifteen dollars ($15.00) or so much thereof as may be necessary shall be applied by the Board of Fire Commissioners out of the appropriation to their department for such insurance on the life of each member of said department. City Code, (1879) Art. 20, Sec. 28. City Code, (1893) Art. 20, Sec. 33. Relief of in- 13 . The Board of Fire Commissioners is hereby author- tutes. ized to apply to the relief of the substitutes of the Fire Department, who may be injured in the performance of their duties in connection with the department, such portion of the amount annually appropriated for the accident account of the Fire Department as the Board may deem proper and just. Apparatus of Fire Department. 14. The apparatus of the Fire Department of Baltimore city shall consist of the ART. 11 .] DUTIES AND AUTHORITY — ORDINANCES. 741 28 Steam Fire Engines and Hose Wagons, 1 Fireboat. 14 Hook and Ladder Trucks, now existing or authorized, together with such reserve engines and machinery, horses, hose, supplies, etc., as shall in the judgment of the Board of Fire Commissioners be deemed necessary to equip, preserve and maintain in serviceable condition the said apparatus ; and the Board of Fire Commissioners of Baltimore city shall provide here- after such other additional apparatus, and the necessary equipment therefor, as may be authorized under the pro- visions of the City Charter and future ordinances and resolutions of the Mayor and City Council of Baltimore. Apparatus and equipment of Fire Depart- ment. City Code, (1879) Art. 20, Sec. 7. City Code, (1893) Art. 20, Sec. 12. 15. The property of each engine company shall consist property of of not less than one steam fire engine, one hose wagon and such hose, horses and minor accessories as are necessary for effectual service ; and the property of each hook and ladder company shall consist of not less than one ladder truck, with all necessary ladders and implements and horses. Duties and Authority of Chief Engineer. City Code, (1879) Art. 20, Sec. 14. City Code, (1893) Art. 20, Sec. 19. 16 . It shall be the duty of the Chief Engineer, and his to proceed to assistants, whenever a fire shall break out in the city, to propSy dis- immediately repair to the place of such fire, and to take tulltlfreiy^' proper measures that the several engines and other apparatus be arranged in the most advantageous situations. Ord. 29, April 11, 1879. City Code, (1893) Art. 20, Sec. 20. 17. The Chief Engineer shall, under the Board of Fire to command Commissioners, have command at fires over all other tiungufsh-^*^ officers and all other persons who may be present at fires, and shall take all proper measures for the extinguishment of fires, and for the protection of property, preservation of 742 FIRK — ORDINANCFS . [art. 11. ^ order, and observance of the laws of the State, ordinances fiSaw^a?a- regulations of the Board of Fire Commis- Iqufpment. sioners respecting fires ; and it shall be the duty of said engineer to examine into the condition of the engine and all other fire apparatus, and of the engine and other houses be- longing to the city, used for the purposes of the Fire Depart- ment and the companies attached, as often as circumstances may render expedient, or whenever directed to do so by the Board of Fire Commissioners; and whenever the engines. Other fire apparatus, engine or other houses, used by tppamta? °Hhe Fire Department require alteration, additions or repairs. Chief Engineer shall report the same to the Board of Fire Commissioners, who shall cause to be made, as they may deem expedient, such alterations, additions and repairs, the whole to be done under the immediate super- vision and control of said Board of Fire Commissioners. City Code, (1879) Art. 20, Sec. 16. City Code, (1893) Art. 20, Sec. 21. Further duties 18 . It shall be, moreover, the duty of the said Chief Engineer. Engineer to receive and transmit to the said Board of Fire Commissioners, all the returns of the officers, members and fire apparatus, made by the respective companies, and all other communications relating to the affairs of the Fire Department ; to keep exact rolls of the respective companies, specifying the time of admission and discharge and age of each member, which he shall report in writing to said Board of Fire Commissioners, who shall safely file such reports. City Code, (1879) Art. 20, Sec. 17. City Code, (1893) Art. 20, Sec. 22. when district 19 . In case of the absence of the Chief Engineer the acts as Chief district engineer in whose district the fire may occur, shall Engineer, g^crcise the duties of his office with the full power of the 'Chief Engineer. ART. 11 .] EXAMINING BOARD — ORDINANCES. 743 Examining Board of Fire Department."^ Ord. 16, December 1, 1899. 20 . There shall be created an Examining Board for the to^be Fire Department of Baltimore city; said board to consist of the President of the Board of Fire Commissioners, the Chief Engineer of the Fire Department, and one other member, said member to be appointed by the Mayor in the manner prescribed in sections 25 and 30 of Article 4 of the Code of Public Local Laws, and holding his office as therein provided ; the duty of which examining board shall be to ascertain by appropriate investigation and examination the tq investigate relative qualifications of all candidates for appointment or quaiiTca“'“‘ promotion in the Fire Department of Baltimore city, and cSdltes. to furnish from time to time to the Board of Fire Com- missioners graded lists of those whom they shall deem qualified for appointment or promotion, from which graded lists all promotions and appointments shall be made by said Board of Fire Commissioners, except appointment to the position of Chief Engineer. In the preparation of such graded lists the said examining board shall ascertain by competitive examinations the relative qualifications, physi- cal and otherwise, of all applicants for appointment or promotion in said Fire Department for the performance of the duties required of them, and shall place the names of the accepted candidates upon said lists in the order of their relative qualifications, as ascertained by such competitive examinations ; and every appointment or promotion made by the Board of Fire Commissioners in the said Fire Depart- ment (except to the position of Chief Engineer) shall be made from the three names standing highest at the time of making such appointment or promotion upon the graded lists of candidates for such appointment or promotion. **Note. — T he provisions of this sub-division of Article 11 are so meri- torious that there should be no question of their validity ; it is not altogether clear, however, that the power exists for the creation of an Examining Board of the Fire Department, in the City Charter ; certainly no specific statutory authority exists for the creation of such board . 744 FIRE — ORDINANCES. . [art. 11. Ord. 16, December 1, 1899. ^ti^nsSfto^' 21. The said examinations shall be conducted by and ducted'. under definite rules, to be adopted by said examining' board from time to time, and when so adopted, to be recorded before the holding of every examination to which they shall be made applicable ; and the said rules shall prescribe the system of marking by which the relative grades of the several candidates, whom the said examining board may find qualified, shall be determined upon the said lists. Ord. 16, December 1, 1899. No name to be name of no person appointed or promoted to S^y-TOii until position in the Fire Department, after the creation of said examining board, shall be placed upon the pay-roll of comJtJbfier. Department until there shall have been first filed with the Comptroller a certificate of the said examining board that his promotion or appointment has been made in conformity with the provisions of this sub-division of this Article. Ord. 16, December 1, 1899. 23. The President of the Board of Fire Commissioners shall be the President of said examining board and the Clerk of the Board of Fire Commissioners shall perform ^ to S?^b?a^r? duties of clerk of said board. It shall be the duty of ° ^ ° ’ said clerk to keep a full and correct record of the proceed- ings of said examining board, and of all the said graded lists prepared by it, which shall at all reasonable times be open to public inspection, and shall perform such executive functions in connection with the work of said examining board, as it may from time to time direct him to discharge. Ord. 16, December 1, 1899. 24. Each of the said members of said examining board shall before assuming the duties of his office take, in addi- ^b?r?of bo“d. tion to the oath prescribed in section 25 of Article 4 of the ART. 11 .] FIRK ARARM TELEGRAPH — ORDINANCES. 745 Code of Public Local Laws, the further oath or affirmation that in preparing the graded lists of candidates for pro- motion or appointment, he will in no instance and under no pretext be influenced in accepting any candidate for appointment or promotion as qualified, or rejecting any candidate as unqualified, or in determining the relative grades of the qualifications of any such candidate by their political or religious opinions or affirmations, or by political influences of any kind exerted for or against them, or for any other cause or reason whatsoever, than the fitness or unfitness, or the capacity or lack of capacity of such candi- date, according to the best judgment of said examiner, to efficiently discharge the duties of the position to which he seeks to be appointed, and the said oath or affirmation shall be recorded and preserved among the records of the Mayor’s office. Fire Alarm Telegraph. Ord. 48, April 30, 1884. Ord. 15, February 2, 1892. City Code, (1893) Art. 20, Sec. 37. Ord. 29, December 29, 1899. 25. There shall be appointed by the said Board of Fire Commissioners, as other subordinates in their sub-depart- ment are appointed, one person, who shall be a practical telegrapher and skilled electrician, to be designated '‘Superintendent of the Fire Alarm Telegraph”, whose duties shall be the general superintendence of the fire alarm telegraph, the telephone lines to Bay View Asylum, the House of Correction, the Quarantine Hospital, the various water works belonging to the City Water Depart- ment, and the electrical apparatus and machinery of the alarm bells of the Fire Department ; and who shall perform such other duties in connection with the electric and tele- graph system belonging to the city as the Board of Fire Commissioners may prescribe. City Code, (1879) Art. 20, Sec. 33. City Code, (1893) Art. 20. Sec. 38. Ord. 10, March 8, 1895. Ord. 29, December 29, 1899. 26. There shall be appointed by the said Board of Fire Commissioners, in the same manner as other subordinates Oath to be recorded. Superintend- ent of Fire- Alarm Tele- graph. Duties. Telegraphers and their duties. 746 FIRK — ORDINANCES . [art. 11. Appointment of lineman, assistant linemen and battery man. Duties of Sup- erintendent of Fire Alarm Telegraph. in their sub-department are appointed, six practical telegraphers, whose duty shall be to operate the machinery of the fire alarm telegraph under the direction of the Superintendent of the Fire Alarm Telegraph. Res. 24, April 1, 1885. Res. 27, March 15, 1889. Ord. 108, October 17, 1892. City Code, (1893) Art. 20, Sec. 39. Ord. 10, March 8, 1895. Ord. 29, December 29, 1899. 27. There shall be appointed by the said Board of Fire Commissioners, as other subordinates of their sub-depart- ment are now appointed, one competent person to be called the lineman, whose duties shall be defined by said Board of Fire Commissioners, and four competent persons to be called assistant linemen, and one competent person to be called a batteryman. Ord. 48, April 30, 1884. City Code, (1893) Art. 20, Sec. 41. 28. The Superintendent of the Fire Alarm Telegraph shall have charge of all the instruments, alarm boxes and wires belonging to the fire alarm telegraph system, and shall see that they are at all times in good order, and promptly repaired, when out of order ; it shall be his further duty to test all instruments and alarm boxes from time to time and as often as may be necessary, see that the telegraphers and other employes of his department, as hereinafter provided for, perform their duties promptly and efficiently ; he shall keep proper books in which shall be recorded all matters necessary for a full understanding of the operations of his department, and a book in which he shall record all cases of instruments, alarm boxes or wires at any time reported out of order, with the date thereof, and when repaired ; and he shall annually on the first day of January, make a written report of the opera- tions of his department to the Board of Fire Commissioners ; all books and papers connected with the department shall at all times be open to inspection of the Mayor and City Council. He shall give bond with good and sufficient security, to the Mayor and City Council of Baltimore, in ART. 11.] FIRE ALARM TELEGRAPH — ORDINANCES. 747 the sum of two thousand dollars, for the good and faithful performance of the duties of his office. City Code, (1879) Art. 20, Sec. 37. City Code, (1893) Art. 20, Sec. 42. 29 . The telegraphers shall attend at the central alarm station, at least two of whom shall be on duty at all operators, hours, day and night; it shall be their duty, immediately on the receipt of an alarm of fire, to transmit the same over the wires, and do and perform all such duties appertaining to their office as may be required of them by the Superin- tendent of the Fire Alarm Telegraph; they shall each of them enter into good and sufficient security to the Mayor and City Council of Baltimore, in the sum of eight hundred Bond, dollars, for the good and faithful performance of the duties of their office. * Ord. 24, April 1, 1885. City Code, (1893) Art. 20, Sec. 43. 30 . It shall be the duty of the lineman and the assistant linemen to attend personally at the central office of the fire assistants, alarm telegraph; they shall take charge of the lines of the fire alarm telegraph, keeping them in perfect working order and free from obstructions, and attend to the repairs of the same; it shall be the duty of the batteryman to attend personally at the central office of the fire alarm telegraph; he shall take charge of the batteries of the fire alarm tele- graph, keeping the same at all times in good working order and repair and the said lineman, assistant linemen and batteryman shall do and perform all such other duties apper- taining to their offices as may be required of them by the Superintendent of the Fire Alarm Telegraph; and they shall each of them enter into good sufficient security to the Mayor and City Council, in the sum of eight hundred dollars, for the good and faithful performance of the duties of their office. City Code, (1879) Art. 20, Sec. 40. City Code, (1893) Art. 20, Sec. 45. 31 . Any person or persons who shall scratch, stencil or mjuryto teie- post placards or bills on any of the poles of the fire alarm *Note . — See pending ordinance repealing sections 29 and 30 as to pro- visions relating to bonds. 748 FIRE — ORDINANCES . [art. 11. telegraph, or in any other manner deface the same, shall be subject to a fine of not less than one dollar, or more than twenty-five dollars. Ord. 20, March 15, 1882. City Code, (1893) Art. 20, Sec. 46. , . 32. For the better protection of life and property, the Fire-alarm sig- j. j. ./ / nai box in Board of Fire Commissioners is authorized and directed to public build- •11 • 1 T 1 n ings. place a fire alarm signal-box in any theatre, public hall, hotel, manufactory, hospital, charitable institution or other public building within the corporate limits of the city of Baltimore, where the proprietor or proprietors, or other person or persons having charge of such theatre, public hall, hotel, manufactory, hospital, charitable institution or other public building, shall file with said board an applica- tion for the same; the expense of such signal-box to be borne by the person or persons making such application; provided, however, that they shall not be required to pay more for said boxes than the said Board of Fire Commis- sioners pay for the same; said alarm box to be placed in the most accessible part of said building or buildings. Ord. 20, March 15, 1882. City Code, (1893) Art. 20, Sec. 47. Ord. 106, June 16, 1896. ire-alarm sig- 33. The Said fire alarm signal-boxes shall be connected SubHclSiid- with the regular wires of the fire alarm telegraph of the coSne^ted Fire Department, said connection to be made under the supervision of the Board of Fire Commissioners, the expense of making such connections to be borne by the body corporate, person or persons making said application. Ord. 20, March 15, 1882. City Code, (1893) Art. 20, Sec. 48. Control of Fire 34. Said fire alarm signal-boxes shall be at all times Department, supervision of the proper officers of the Balti- more City Fire Department, by whom all repairs to the same shall be made. ART. 11.] FIRE PEUGS, SCREWS AND SUCTION TUBES— ORDINANCES. 749 Ord. 106, May 1, 1893. Ord. 49, April 16, 1894. City Code, (1893) Art. 20, Sec. 48B. 35. The subways and conduits of the Chesapeake and ® “ondutaof Potomac Telephone Company, shall be used, as far as Tel. Co. to be practicable, under provisions of ordinance No. 41, section 4, passed by the Mayor and City Council of Baltimore, and approved May 9, 1889, being sections 19 to 23, inclusive, of Article IX of this code; which ordinance reserves the right to place the wires of the fire alarm telegraph and police patrol telegraph, in the conduits and subways of said Telephone Company. Fire Plugs, Screws and Suction Tubes, City Code, (1879) Art. 20, Sec. 20. City Code, (1893) Art. 20, Sec. 25. 36. The standard screw of the suction tubes of the standard steam fire engines and the large openings in fire plugs shall be five and one-half inches in diameter outside of the thread, and five inches to the bottom of the thread with four and one-half inches opening, and four threads to the inch; the standard screw for hose shall be three and three-sixteenths inches in diameter on the outside, and two and fifteen- sixteenths inches in diameter to bottom of thread, with two and one-half inches opening and seven threads to the inch. The thread to be shape on both couplings. City Code, (1879) Art. 20, Sec. 21. City Code, (1893) Art. 20, Sec. 26. 37. The Water Engineer is hereby directed to cause the plugs to con- screws of all fire plugs hereafter inserted by him to con- qu?Jemen\s form to the requirements of the next preceding section. tion. City Code, (1879) Art. 20, Sec. 22. City Code, (1893) Art. 20, Sec. 27. 38. The Chief Engineer of the Fire Department, or his Control of assistants, shall have the use and control of any and all fire plugs belonging to the city of Baltimore on the occur- rence of fires. 750 Free access to plugs. Appointment. Duties. FIRE — ORDINANCES. [arT. 11. City Code, (1879) Art. 20, Sec. 23. City Code, (1893) Art. 20, Sec. 28. 39 . Any person or persons who shall place, or cause to be placed around or near any of the fire plugs of the city, any goods, structure or other things, in such a manner as to obstruct the free access to any of said plugs, shall be subject to a fine of twenty dollars, and a further fine of ten dollars for each and every day that such obstruction may continue. Fire Inspector. City Code, (1879) Art. 20, Sec. 41. City Code, (1893) Art. 20, Sec. 49 40 . The Mayor, at his discretion, may commission as Fire Inspector such person as may be named and appointed by the fire insurance companies of the city of Baltimore, or a majority thereof — such inspector to be paid by said companies. And it shall be the duty of said inspector to examine into, report upon, and keep a record of all fires occurring in said city, and the origin thereof, and a brief description of the premises wherein the fire may have originated, whether of brick or frame, and how occupied, whether as dwelling, store, workshop or otherwise, of all which a report shall be made to the Mayor on the first of each month ; and he is further authorized to examine all buildings hereafter to be erected or altered in said city, as to whether the same are built, erected or altered in con- formity to the ordinances of said city ; and any person or persons interfering with (for the purpose of preventing) said inspector in the discharge of his duties, as herein mentioned, shall be liable to a fine of not less than five nor more than twenty dollars ; provided, that the city authori- ties shall not, in any manner, be liable for the payment of the salary of said inspector, nor for any of the expenses incidental to such office ; and that the Mayor may revoke and annul the said commission at such time or times as he may deem proper. ART. 11.] MUNICIPAL TKLKPHONB KXCHANGK — ORDINANCES. 751 City Code, (1879) Art. 20, Sec. 42. City Code, (1893) Art. 20, Sec. 50. 41 . It shall be the duty of the police, whenever shall learn or know, or have cause to believe, that any to Fire m- unoccupied house, or houses, are not properly secured, to inform the Fire Inspector, who shall immediately visit the premises, and notify the owners, agent or agents, by a written or printed notice delivered at their residence or place of business, of the condition of such unoccupied house or houses, to have it or them properly secured, so as to prevent evilly disposed persons from gaining access, and in case of such owner or owners, agent or agents neglect- ing or refusing to have the same properly secured within twenty-four hours after notice, he, she or they shall incur a penalty of one dollar for each refusal or neglect, and two dollars per day for each day he, she or they may refuse or neglect, until such notice is complied with ; provided, that this section shall not be construed to apply to houses in the course of construction. City Code, (1879) Art. 20, Sec. 43. City Code, (1893) Art. 20, Sec. 51. 42 . The Fire Inspector is hereby authorized and em- powered to offer a reward of five hundred dollars for the arrest and conviction of any party or parties who have been guilty of setting fire to any house or tenement in the city— the money to be expended and paid under the direc- tion of the Mayor. City Code, (1879) Art. 20, Sec. 24. City Code, (1893) Art. 20, Sec. 29. 43 . The Superintendent of Lamps and Lighting is directed to have the lamps lighted in front of the different engine and hook and ladder houses every night during the year. Municipal Telephone Exchange. Ord. 41, March 19, 1902. 44 . The Board of Fire Commissioners are hereby Authority to authorized to appoint two skilled competent telephone Stors. 752 FIRK — ORDINANCES . [art. 11. operators of the Municipal Telephone Exchange located in the City Hall, as other subordinates in their sub-depart- ments are appointed. Salvage Corps. City Code, (1879) Art. 20, Sec. 29. City Code, (1893) Art. 20, Sec. 34. 45. The apparatus and wagons of the Baltimore City ment and Salvage Corps shall be entitled to the right of way upon apparatus to the streets, lanes and alleys in the city of Baltimore in wYy. going to and returning from fires and said Salvage Corps, in going to and returning from fires, shall enjoy the same privileges as are now enjoyed by the Fire Department. City Code, (1879) Art. 20, Sec. 30. City Code, (1893) Art. 20, Sec. 35. 46. Any person or persons interfering with or hinder- obstruction apparatus and wagons of said Salvage Corps in passing along any of the streets, lanes or highways in the city, in going to and returning from fires, shall, upon con- viction thereof, pay a fine of fifty dollars. •Penalty. PART II. POLICE REGULATIONS AND PREVENTION OF FIRES. POLICE REGULATIONS. Duty of Police. Duties of City Code, (1879) Art. 20, Sec. 8. City Code, (1893) Art. 20, Sec. 13. police. 47. It shall be the duty of the members of the police department, in the district in which the fire may occur, to communicate the fact to the central station, by means of the signal box in the district in which the fire may be, in accordance with the rules and regulations governing the signal boxes of the Fire Department. Fines and Penalties for Interfering With Property of Fire Department. City Code, (1879) Art. 20, Sec, 9. City Code, (1893) Art. 20, Sec. 14. njurytoprop- 48. Should any person or persons injure, deface or in deS^artment. ^ny manner destroy, any fire apparatus or property of the ART. 11.] POLICE REGULATIONS — ORDINANCES. 753 fire alarm telegraph, or should any person or persons hinder or obstruct any city fire company, or hook and ladder company, or any member thereof, from freely pass- ing along the streets of the city to or from a fire, or in any manner hinder or prevent any of the said fire companies, or any member of the same from operating at any fire, or prevent a person properly authorized from using the signal boxes of the police and fire alarm telegraph, each and every person or persons so hindering, obstructing or pre- venting, shall be fined not less than twenty dollars nor penalty, more than fifty dollars. Ord. 92, April 24, 1893. City Code, (1893) Art. 20, Sec. 14A. 49 . The driver of any vehicle who shall drive any such vehicle over or across any hose in use or about to be used ^hoseUS in any street, lane, alley, avenue or public place in the city of Baltimore, by any portion of the Fire Department for extinguishing any fire that may occur within the corporate limits of said city, shall be deemed guilty of a mis- demeanor and on conviction thereof before any police magistrate, shall pay a fine of twenty dollars, or in default of payment of such fine, shall be punished by imprisonment for not less than ten days. But this section shall not apply to drivers of wagons carrying the United States mail, or to drivers of physicians’ carriages, or to drivers of ambulances, when conveying an injured person from the a^iSSbie. scene of any accident by which persons may have been injured, or any patient to the hospital, or when proceeding to the scene of any such accident, or to the drivers of any vehicles who may be permitted to drive over or across such hose by the officer in command of the Fire Depart- ment when operating at any such fire and under his direction. City Code, (1893) Art. 20, Sec. 15. Ord. 156, February 10, 1899. Ord. 209, February 21. 1905. 50 . Should any person or persons knowingly give or^andpun“h. cause to be given, any false alarm of fire by means of the 754 FIRK — ORDINANCES . [art. 11. Reward for conviction of persons giving false alarm. Unauthorized possession c keys. Penalty. Unauthorized use of uniform. telegraph boxes connected with the fire alarm telegraph, he, she or they shall be subject to a fine of not less than •five dollars, nor more than five hundred dollars, or to imprisonment in the House of Correction, House of Refuge or City Jail for such terms not exceeding twelve months, as may be determined by the Court, or to both fine and imprisonment. City Code, (1879) Art. 20, Sec. 11. City Code, (1893) Art. 20, Sec. 16. 51. Authority is hereby given to the Chief Engineer of the Fire Department, in his discretion, and with the appro- bation of the Board of Fire Commissioners, to offer a reward of one hundred dollars or less for the apprehension and conviction of any person or persons who shall knowingly give, or cause to be given, any false alarm of fire by means of telegraph boxes connected with the fire alarm telegraph. City Code, (1879) Art. 20, Sec. 12. City Code, (1893) Art. 20, Sec. 17. 52. Should any person or persons unauthorized have in his, her or their possession, or make, or cause to be made, any key or keys of any fire engine or truck house, or fire alarm telegraph box, or use, or cause to be used, the same without the authority of the Board of Fire Commissioners, he, she or they shall be subject to a fine of not less than one hundred dollars, and not more than two hundred dollars. City Code, (1879) Art. 20, Sec. 13. City Code, (1893) Art. 20, Sec. IS. 53. Should any person or persons not a member of the Fire Department use the uniform determined upon by the Board of Fire Commissioners, or any part thereof, without their permission, such person or persons shall each be fined not less than five dollars, nor more than twenty dollars, for each and every offence. ART. 11 .] PREVENTION OF FIRES — ORDINANCES. 755 PREVENTION OF FIRES. Precautions. Fines and Penalties. City Code, (1879) Art. 20, Sec. 44. City Code, (1893) Art. 20, Sec. 52. 54. No person or persons shall carry a lighted candle or lamp into any stable, or make use of it there, unless the same is well secured in a tin, horn or glass lantern, under a penalty of five dollars. City Code, (1879) Art. 7, Sec. 11. City Code, (1893) Art. 7, Sec. 90. 55. No person or persons shall be permitted to hang place any lamp or light on the outside of any wooden buildings, building, unless such lamp be made of such materials as will prevent any liability to fire, and be placed at the distance of two feet six inches from such wooden building; and any person or persons offending against the provisions of this section shall forfeit and pay a sum not exceeding five dollars for every such offence, and five dollars per day for every day he or they shall permit such lamp to remain. Ord. 118, June 27, 1894. 56. All persons, employed or otherwise, about any and prohibiting all livery and hiring stables in the city of Baltimore, are use°?f prohibited from smoking or using matches or uncovered fampstn lamps in the stable portion of said building (not including the offices of the same) ; the police shall have power to duties of enter at any time any stable and arrest any person so violating the provisions of this section ; a copy hereof shall be posted in some conspicuous place in each and every section livery stable so named ; and the party or parties who may be posted, be the owners or occupiers of said stable, or other persons so offending against the provisions of this section, shall be for subject to a fine of five dollars for each and every offence, violations. Ord. 132, September 2, 1896. 57. No person shall cast, throw or fire any squib, rocket, cracker, torpedo, grenade or other combustible fireworks or explosive preparations within the city ; and 756 FIRE— ORDINANCES. [art. 11. every person for every such offence shall forfeit and pay a sum not exceeding five dollars ($5) ; but the Mayor shall S-ewS-ki authorized to grant free of all charge a permit for using fireworks if he so sees fit. City Code, (1879) Art. 20, Sec. 46. City Code, (1895) Art. 20, Sec. 54. Sale of fire- 58 . It shall not be lawful for any person or persons to> hibited. sell, or offer for sale, within the limits of the city, any crackers, squibs, rockets or other combustible fireworks provided, however, that this section shall not apply to the sale of any such article when sold in the original package as imported, and every offender against any of the provisions of this section shall pay for each and every offence two dollars. City Code, (1879) Art. 20, Sec. 47. City Code, (1893) Art. 20, Sec. 55. Manufacture of 69. It shall not be lawful for any person or persons to- prohibited. manufacture, within the limits of the city, any crackers, squibs, rockets, or any other combustible fireworks, and every offender against the provisions of this section shall forfeit and pay the sum of twenty dollars for each and every offence. City Code, (1879) Art. 20, Sec. 48. City Code, (1893) Art. 20, Sec. 56. shes in wood- porson shall keep ashes in any barrel, box or en vessels, other wooden vessel, or on any wooden floor in any building, under a penalty of five dollars for each offence. City Code, (1879) Art. 20, Sec. 49. City Code, (1893) Art. 20, Sec. 57. Hay and straw, 61. Hay and cut straw may be kept on the premises of how to be person or persons, provided, and on condition, that the building in which the hay and straw shall be kept shall be constructed of brick or stone, with walls not less than eight and a-half inches thick, and if the building be of but one story, the roof shall be covered with gravel, slate or metal, and the doors and windows shall be covered on the ART. 11 .] PRECAUTIONS — ORDINANCES. 757 outside with sheet iron ; and for any violation of this section the person or persons so offending shall forfeit and pay ten dollars. City Code, (1878) Art. 20, Sec. 50. City Code, (1893) Art. 20, Sec. 58. 62. Parties shall not be liable for the fines and penalties imposed by the preceding sections *54, 55, 60 and penalties. 61, unless reasonable notice has been given to the said party or parties so offending, and the necessary time has been allowed for a compliance with the requirements of said sections ; provided, however, that the provisions of this section shall not be applicable to a party or parties who may commit the same offence a second time, or fail to comply with the requirements of said sections, after the notice aforesaid has been given, or when the offence was knowingly or wilfully committed. City Code, (1879) Art. 22, Sec. 36. City Code, (1893) Art. 22, Sec. 60. Ord. 116, June 13, 1894, Sec. 41. 63. No person in charge of any ship or vessel shall permit any fire to be kept on the deck thereof while lying kept on the at any wharf or dock within the city, between the hours of vessel during ten o clock at night and five o clock in the morning, and it at night, shall be the duty of the police officers to visit the bay craft within their respective districts and give information of this regulation to some person on board. The master of any vessel violating the provisions of this section shall pay a penalty of five dollars for each and every offence. Ord. 26, April 1, 1895. 64. It shall be unlawful for any person to smoke, carry Matches, pipes or have any lighted match, pipe, cigar, or cigarette, or to not to be carry or use any portable open light in or upon any wharf, whar??s, etc. shed, pier or warehouse, wherein or whereon may be any cotton in bales or bulk, rags, hay, spirits of turpentine, petroleum, tar, pitch, rosin, gun-powder, gasoline or illuminating oils. 758 FIRK — ORDINANCES . [art. 11. Penalty for violating pro visions of next preced- ing section. Where deposited. When to be burnt. Plan of hotel to be kept in rooms. Fire escapes. Ord. 26, April 1, 1895. 65. Any person violating any of the provisions of the next preceding section of this Article shall, upon convic- tion thereof, be liable to a fine of not less than five nor more than twenty-five dollars. Shavings. City Code, (1879) Art. 20, Sec. 70. City Code, (1893) Art. 20, Sec. 77. 66 . It shall not be lawful for any person or persons to deposit on any vacant lot, except at the distance of at least three hundred feet from any building, or lumber yard, any shavings, chips or other combustible matter ; and it shall be the duty of every person or persons, who shall remove such combustible matter to such place as is hereby permitted, to burn them or cause them to be burnt, before five o’clock in the evening of the day on which they are so deposited ; and every person offending against the provisions of this section shall forfeit and pay a sum not exceeding twenty dollars. Safety Regulations for Hotels. Ord. 78, June 7, 1883. City Code, (1893) Art. 20, Sec. 60. 67. It shall be the duty of all owners, lessees or persons having charge of or owning any hotel in which twenty-five or more persons can be accommodated, to have placed in each sleeping room of said hotel a plan of the floor on which said room is situated, showing the location of all rooms, halls, passage-ways and openings, and all stairways and fire escapes, and their approaches to and from said floor, and at every corner or turning of any hall or pass- age-way, to place a conspicuous sign, showing the distance to the nearest stairway and fire escape, with lights so arranged that said signs can be easily read at all hours ; also to place such fire escapes as shall be directed by the Inspector of Buildings.** **NoTK . — See ante, sections §447a to §447d, inclusive. City Charter, pp. 308, 309, for provisions relating to fire alarm bells in hotels, etc. ART. 11.] INFRAMMABTE MATKRIAE— ORDINANCES. 75* Ord. 126, October 3, 1891. City Code, (1893) Art. 20, Sec. 61. 68. It shall be the duty of the Inspector of Buildings, or his assistants, to visit said hotels to ascertain if the provisions of the next preceding section of this Article have been complied with ; and if any owner, lessee or person having charge of any hotel, as mentioned in the preceding section, shall- fail to comply with the provisions of said section, he, she or they shall forfeit and pay a fine of one hundred dollars for non-compliance therewith, and twenty-five dollars per day for each and every day there- after that he, she or they shall fail to comply with the provisions of the next preceding section. INFLAMMABLE AND EXPLOSIVE MATERIALS. Dynamite, Nitro-glycerine, Etc. City Code, (1879) Art. 20, Sec. 67. City Code, (1893) Art. 20, Sec. 74. 69. It shall not be lawful for any person, persons, or Manufacture body corporate, to maufacture within the limits of the city any explosive material or compound, to be used for the pur- pose of blasting or mining, or for any other purpose, the manufacture of which would be dangerous to life and property, under the penalty of one hundred dollars and a further penalty of fifty dollars for each and every day that such explosive material or compound may be manufac- tured, after proper notification for discontinuance thereof by the Mayor or Fire Inspector. City Code, (1879) Art. 20, Sec. 68. City Code, (1893) Art. 20, Sec. 75. 70. It shall not be lawful to store or keep in any build- storage pro- ing or shed, or deposit upon any vacant lot, or convey through any of the streets, lanes or alleys of the city, any dynamite, nitro-glycerine, or any other explosive material or compound other than gunpowder, unless a permit in writ- ing for such purpose or purposes be first obtained from the Mayor under a penalty of fifty dollars for each offence and a further penalty of fifty dollars for each and every day that such explosive material or compound may remain FIRK — ORDINANCES. [aRT. 11. stored, kept, deposited or conveyed, as the case may be, after the proper notification from the Mayor or Fire Inspector for a compliance with the provisions of this section. City Code, (1879) Art. 20, Sec. 69. City Code, (1893) Art. 20, Sec. 76. 71. In all buildings in which any explosive material or compound, as regulated by the two next preceding sections stored or kept under a permit obtained from the Mayor, it shall be the duty of the person or persons so storing it, to place a tin sign on the door, or some other conspicuous place on the outside of the first story of such building, on which shall be painted in legible letters, the name of the material or compound so stored or kept, under a penalty of twenty dollars, and a further penalty of ten dollars for each and every day after proper notification from the Mayor or Fire Inspector until such sign as above designated shall be posted. ^ Ord. 229, March 21, 1905. 72. No person shall blast rock or stone or other material wriuenper- qj, thing with gunpowder, giant powder, dynamite, gun cotton, nitro-glycerine, or any other explosive compound, within the limits of the City of Baltimore, without the written consent of the Mayor. Ord. 229, March 21, 1905. Penalty. 73. Any person who shall refuse, neglect or fail to comply with the terms and conditions of the next preced- ing section of this Article, shall upon conviction thereof, be subject to a fine of not less than twenty-five dollars ($25), nor more than one hundred dollars ($100) . Gasoline, Naphtha and Benzine. Ord. 225, March 20, 1905. ^gSine^that 74. It shall not be lawful for any person or persons, firm or corporation other than a manufacturer, to have. 760 Tin sign on door. No blasting ■without ART. 3 .] INFLAMMABLE MATERIALS — ORDINANCES. 761 use, store or keep at any one time, in any one building sta- within the city of Baltimore, more than one barrel each of exSted." naphtha, benzine or gasoline, but this section shall not apply to automobile storage stations or to storage tanks in con- nection with gasoline boilers or engines. Ord. 225, March 20, 1905. 75. The Inspector of Buildings is authorized and ^au'tom'obuJ°^ empowered to grant a permit to any person or persons, s£tfon^s. firm or corporation applying, to construct and maintain an automobile storage station, in which naphtha or gasoline may be stored by one of the following methods only: (A) In an iron or steel tank of design and construction approved by the Inspector of Buildings, said tank to be buried underground at least two feet beneath the surface and the maximum amount stored therein shall not exceed two hundred and seventy-five (275) gallons, and not more than one tank shall be permitted upon the same premises. (B) Or, in approved, sealed, non-corrosive cans, to a maximum amount not exceeding fifty (50) gallons. No sale of naphtha or gasoline in automobile storage stations saies in auto- shall be made except in the transaction of the regular ^^^slatlSTs. business of such stations in the way of filling tanks of automobiles, and no sale of these oils in cans shall be made in such stations in less amount than the entire contents of a sealed and unbroken package. Immediately upon the receipt of naphtha or gasoline in such stations, the same, unless contained in cans, shall be transferred to the storage tank in such manner as to prevent the leakage and dripping of liquid after the connecting pipe is removed. No such permit shall be granted unless the following precautionary regulations are observed, and upon non-ob- servance of them, or any of them, the said permit shall be revoked and the penalties hereafter provided for in section 79 of this Article, enforced. (a) Sand shall be kept in buckets fit and available for Precautionary absorbing any waste oil that may fall upon the floor and such sand, when saturated, shall be promptly removed to a place and burnt; the use of sawdust for this purpose is prohibited. 762 FIRE — ORDINANCES. [art. 11. Other storage tanks. (b) No naphtha or gasoline shall be put into or taken out of any automobile within fifty (50) feet of an open fire, nor until lamps or other apparatus intended to be carried upon the vehicle for illuminating purposes, or as pilot lights, have been extinguished. (c) In no case shall naphtha or gasoline be allowed to run upon the fioor or to fall or to pass into the drainage system of the premises. (d) Naphtha or gasoline shall not be carried in open vessels about the premises; if it is necessary to convey naphtha or gasoline it must be done in an approved, enclosed, non-corrosive can or cans, with an automatic closing device which shall effectually close the same, and of the capacity most closely adapted for filling the machine, but not exceeding five (5) gallons. (e) If it is necessary to empty the tanks of automobiles, it shall only be done with the utmost precautions against fire, and the fluid must be returned to the approved can or cans directly with the automatic closing device, which shall effectually close the same. Ord. 225, March 20, 1905. 76. The Inspector of Buildings is authorized and empowered to grant a permit to any person, firm or corporation to construct and maintain storage tanks for naphtha or gasoline for power uses other than automobile stations, provided all such tanks shall be constructed of steel, iron or copper, and placed underground, with not less than four (4) feet dirt covering, and further provided that all valves, cocks or other devices by which said tanks are filled, or the oil or vapor is to be taken from the tanks, shall be of such standard make or pattern as shall prevent leakage or improper flow and to be fully approved by the Inspector of Buildings. Ord. 225, March 20, 1905. 77. The use of gasoline for cooking, heating or other domestic purposes, is prohibited except as hereinafter ART. 11.] inflammable MATERIAL — ORDINANCES. 763 provided, but these provisions shall not 3,pply to persons engaged in business as cleaners, dyers or scourers. (A) All tanks or cans for the delivery or storage of gasoline for domestic use, and all supply tanks or reservoirs connected with gasoline stoves, and the pipes connecting said supply tanks or reservoirs with said stoves, shall be constructed of non-corrosive material. All valves, cocks or devices for filling or emptying said tanks, cans or reservoirs, shall be of such standard make or pattern as to prevent leakage or improper flow. No such reservoir, can or tank shall contain more than five gallons of gasoline at any one time. (B) Every gasoline stove, unless the reservoir or tank, which feeds such stove shall be entirely outside the build- ing in which such stove is located, shall be so arranged that the cock or valve leading to the burners must be closed before the reservoir or tank can be filled, so that no burner can be lighted or burning, while the reservoir or tank is being filled. (C) No person, firm or corporation shall sell in the city of Baltimore, any gasoline stove, unless said stove and apparatus connected therewith shall conform with the pro- visions of this sub-division of this Article and said stove shall be stamped with the name of the dealer selling the same. (D) All persons, firms or corporations engaged in the city of Baltimore in the business of selling gasoline stoves and apparatus connected therewith shall be registered in the office of the Comptroller, who upon payment of an annual fee of ten dollars ($10.00) by such person, firm or corporation, shall issue to the applicant a permit to sell such stoves and apparatus. No stove or apparatus, where the reservoir is designed to be within the same building as the stove, shall be sold by such person, firm or corporation. Regulations of use of gaso- line for domestic pur- poses; proviso. Gasoline stoves: reg- ulating sale of stoves. Persons selling gasoline stoves and apparatus to be registered and pay reg- istry fee. Ord. 225, March 20, 1905. 78. No gasoline shall be sold to domestic consumers saie of gasoline except in the original package, unless the purchaser shall purposes, be provided with and present to the dealer a proper non- corrosive metal can with approved screw top and spout of not greater diameter than one-quarter of an inch. 764 FIRE — ORDINANCES , [art. 11. Ord. 225, March 20, 1905. 79 . Any person or persons, firm or corporation selling or offering to sell any gasoline, stove or apparatus in violation of the provisions of sections 74 to 78 inclusive, of this Article shall forfeit and pay a fine of fifty dollars ($50) for each offence and forfeit license ; and any person or persons, firm or corporation using any stove or apparatus in violation of sections 75 to 78, inclusive, of this Article ^Tn1awfui°saie ^hall forfeit and pay a fine of ten dollars ($10) for each gaS)ii?fe°lnd offcncc ; and any person or persons, firm or corporation ftoveiTnd selling gasoline to domestic consumers in violation of the apparatus, ^lext preceding section of this Article, shall forfeit and pay a fine of fifty dollars ($50) for each offence ; and any per- son or persons, firm or corporation violating any other provision of the five next preceding sections of this Article, shall forfeit and pay a fine not exceeding fifty dollars ($50) for each offence. Gunpowder. City Code, (1879) Art. 20, Sec. 54. City Code, (1893) Art. 20, Sec. 64. Carriage 8^* ^11 gunpowder Carried or conveyed to or from any through city, place in or through the city, shall be first well secured with a good bag or bags, or covered with a sail or other cloth under and around it, so as effectually to secure the same from scattering or sifting out, under a penalty of ten dollars for every quarter barrel, or twenty-five pounds weight, carried or conveyed otherwise than is herein pro- vided, to be recovered of the owner of said powder, or the person having charge of the same, or of the person actually conveying or carrying the same, or any of them. City Code, (1879) Art. 20, Sec. 55. City Code, (1893) Art. 20, Sec. 65. 81 . No person or persons shall have or keep in his, her Quantity that or their possession, within the limits of the city, whether maj be kept. building or shed, or in the street, or upon any lot or premises whatever, or in any wagon, cart, dray or other carriage, any quantity of gunpowder exceeding fifty pounds in weight, (which shall be well secured in tin canisters or **Note. — The provisions of section 80 appear to be archaic. ART. 11.] MANUFACTURE OF OIES — ORDINANCES. 765 wooden kegs), under a penalty of twenty-five dollars for every violation of this section, by having above the quantity hereby allowed ; provided, that this penalty shall not apply to gunpowder being conveyed and actually in transitu, without stoppage, (except sufficient time for the purpose of delivery, ) through the streets of the city of Baltimore, for the purpose of shipment or transportation beyond the city. City Code, (1879) Art. 20, Sec. 56. City Code, (1893) Art. 20, Sec. 66. 82. Any person or persons keeping gunpowder in their kept, store or warehouse, shall have it kept in a tin canister near one of the front doors, and a tin sign placed on the outside of the door marked ‘ ‘gunpowder. ' ^ Any person or persons failing to comply with the provisions of this section, shall forfeit ten dollars to the use of the city of Baltimore, to be collected as small debts are, before a single Justice of the Peace in the name of the Mayor and City Council of Baltimore. City Code, (1879) Art. 20, Sec. 57. City Code, (1893) Art. 20, Sec. 67. 83. The Mayor, or any Justice of the Peace, is hereby search authorized, as often as he shall be informed upon oath of probable cause to suspect any person or persons of conceal- ing or keeping within the said city, any quantity of gunpowder over and above fifty pounds as aforesaid, to issue a search warrant to examine into the truth of such allegation or suspicion, and search any place whatever thereiiL Manufacture of Oils. City Code, (1879) Art. 20, Sec. 59. City Code, (1893) Art. 20, Sec. 69. 84. It shall not be lawful for any person or persons to Erection of erect, build or have put up or use any building or buildings for the manufacture of camphine, pine, ethereal or coal oil, refined petroleum oil, kerosene or carbon oil, and all oils manufactured from coal, rock or earth oil, and petroleum within the limits of the city without first obtaining the 766 FIRK — ORDINANCFS . [art. 11. Manufacturers of coal oil, naphtha and benzine. How kept for sale. Penalties. sanction of the Mayor and City Council of Baltimore ; and ten days notice immediately preceding the application ta the Mayor and City Council of Baltimore shall be given by at least four insertions in two or more of the daily papers- of the city, setting forth the purpose of said application,, the street, alley or court and square of ground on which the contemplated manufactory is to be erected or put up ; and any person or persons violating this section shall be^ subject to the penalty of not less than twenty dollars nor more than fifty dollars, and the further penalty of twenty dollars for each and every day such manufactory shall remain ; provided, that nothing in this section shall apply to manufactories of coal and other oils now erected and in use in said city. Storage of Oils. City Code, (1879) Art. 20, Sec. 62. City Code, (1893) Art. 20, Sec. 70. 85. Manufacturers, refiners or distillers of coal or rock oil, naphtha or benzine, may keep or store in their factories such quantities of oil, naphtha or benzine as they desire provided always that the said manufactory is carried on in a brick, stone or fire proof building or buildings, not nearer than fifty feet to any other building, and if in a frame building, no nearer than one hundred feet to any other building. City Code, (1879) Art. 20, Sec. 63. City Code, (1893) Art. 20. Sec. 71. 86. Refined petroleum, earth or rock oil, or coal oil or kerosene oil, for illuminating purposes, may be kept on sale in stores, dwelling houses or other buildings. City Code, (1879) Art. 20, Sec. 66. City Code, (1893) Art. 20, Sec. 73. 87. Any person, persons or corporation, who shall vio- late any of the provisions of the two next preceding sections of this Article, shall forfeit and pay a fine of fifty dollars for each and every offence, and ten dollars for each and every day thereafter the said violation continues. ART. 12.] GAMING — ORDINANCES . 767 88 . All fines, penalties and forfeitures incurred by the ^ violation of any of the provisions of this Article, shall be forf|ftS?es. recovered as other fines, penalties and forfeitures imposed for the violation of city ordinances are recoverable, and when collected, shall be paid to the Comptroller. ARTICLE XII. GAMING. ORDINANCES. 1. Penalty for fraudulent gaming and betting. 2. Penalty for gaming in licensed houses of entertainment; lia- bility of keepers of same. 3. Penalty for keeping gaming tables, etc. 4. Police to give information of gaming to Mayor; police to suppress gaming; procedure of police; penalty for obstruct- ing police. 5. Penalty for racing horses for gain. 6. Penalty for playing long bullets. 7. Collection of fines and penalties imposed under this Article. ■City Code, (1879) Art. 21, Sec. 1. City Code, (1893) Art. 21, Sec. 1. 1 . If any person or persons shall, within the city of penalty for Baltimore, by any fraud, cozenage, deceit, unlawful device, gamtniTnd or evil practice whatsoever, in playing at or with cards, dice or any other game or games, play for, win, obtain or acquire to him or themselves, or others, any sum or sums of money or other valuable thing, or shall, knowing of such fraud, bear a share or part in the wager, stake or adven- ture so played for, or shall, with the like knowledge, bet on the side or hand of such gamesters, every such person being convicted thereof, shall for every offence forfeit and pay twenty dollars. 768 GAMING — ORDINANCES . [art. 12. Penalty for gaming in licensed house, etc. I^iability of keepers of same. City Code, (1879) Art. 21, Sec. 2. City Code, (1893) Art. 21, Sec. 2. 2. If any person or persons shall at any time, in any ordinary or licensed house of entertainment within the city, or in any house attached thereto, or upon the lot or premi- ses whereon such licensed house is or may be situate or erected, win or lose one cent or upwards, or the value thereof, at cards or any other game, every such person or persons on conviction thereof, shall forfeit and pay one hundred dollars for every offence; and if any ordinary keeper shall suffer or permit any person or persons to lose one dollar or upwards, or the value thereof, at any time in his house, at any game or games whatsoever, knowing the same, he shall forfeit and pay for every such offence the sum of one hundred dollars. City Code, (1879) Art. 21, Sec. 3. City Code, (1893) Art. 21, Sec. 3. penajtyjPor 3, If any person or persons shall within the city set up, fammg^tc keep or maintain any E. 0., A. B. C., rooley pooley or faro table, faro bank or device, or game of hazard or address, (except games licensed under the Article 41 of this Code, title ‘ ‘Water Rents and Licenses, ’0 foi* the pur- pose of public gaming, such person or persons shall for each and every offense forfeit and pay fifteen dollars on conviction thereof; and the occupier or occupiers of the house, out-house or place in which such public gaming takes place, shall forfeit and pay twenty dollars for each and every day such game is played, or such E. 0., A. B. C., rooley pooley or faro bank, faro table or other device for the purposes aforesaid, shall be set up, kept or main- tained on his or their table. City Code, (1879) Art. 21, Sec. 4. City Code, (1893) Art. 21, Sec. 4. ^fnfrmSon police officers to give mormaion. Mayor or other magistrate, of each house or other place within the city wherein such games Note. — As to form of indictment and other matters in relation to prosecutions for keeping gaming tables, see ^ — State v. Price, 12 G. & J. 260; Wheeler v. State, 42 Md. 566. ART. 12.] GAMING — ORDINANCES . 769 or devices or tables for the purpose of gaming are, or may be set up, kept or maintained; and the said police officers shall take all lawful means to suppress and prevent the playing at the tables, games or devices as aforesaid; and for this purpose, when and as often as anyone of them shall have reasonable cause to suspect that any such table, game or device is set up, kept and maintained as afore- said, he shall apply to a Justice of the Peace for a warrant, and shall state under oath the cause of such suspicion, whereupon the said justice may, in his discre- tion, grant a warrant to any police officer or officers, ^proceeding, authorizing him or them to enter such house, houses or place or any room within the same; and the said police officer or officers shall thereupon have authority to de- mand entry therein; and any person who shall refuse or neglect to open the door or entrance to such house, houses or place, or any room within the same, upon the applica- tion of any police officer having such a warrant, for every penalty, offence shall forfeit and pay twenty dollars. City Code, (1879) Art. 21, Sec. 5. City Code, (1893) Art. 21, Sec. 5. 5. No person or persons shall within the city of Balti- ProWbUing ^ more, enter, start or run any horse, mare or gelding, for penalty, any plate, prize, sum of money or thing of value; and in case any person or persons shall enter, start or run any horse, mare or gelding within said city, for any plate, prize or sum of money or other thing of value, each and every such person, and each and every owner of such horse, mare or gelding, knowing and consenting to the same, shall severally forfeit and pay the sum of five hun- dred dollars for each and every offence. City Code, (1879) Art. 21, Sec. 6. City Code, (1893) Art. 21, Sec. 6. 6. It shall not be lawful for any person or persons to i^ng buiiets play at the game commonly called long bullets, or by whatever name the same may be hereafter called, within the limits of the city, under a penalty of two dollars for each and every offence. 770 HARBOR, DOCKS AND WHARVES — ORDINANCES. [arT. 13. Collection of fines and penalties im- posed under this Article. 7. All fines incurred by the violation of any of the provisions of this Article, whether as a penalty or forfeit- ure, shall be recovered as other fines imposed for the vio- lation of city ordinances are recoverable, and when col- lected shall be paid to the Comptroller. ARTICLE XIII. HARBOR, DOCKS AND WHARVES. ORDINANCES. Harbor Board. Harbor Engineer. 1. Duties; duties of subordinates; oath; bonds. Assistant Harbor Masters. 2. Number of, and compensation. Contracts. 3. Harbor Board to control manner of performing harbor work done by contractors; Board to retain twenty per cent, of contract price as security. Anchorages. 4. To mark anchorages by buoys. 5. Limits of Anchorage No. 1. 6. Anchorage No. 2. 7. Anchorage No. 3. 8. Anchorage No. 4. 9. Regulations for use of anchor- ages; signal lights; obstruct- ing vessels to move; penalty. Bulkheads, Piers and Wharves. Bulkhead and Pierhead Lines. 10. Limiting lines beyond which no extentions shall be made. 11. No extentions of wharves, etc. without permit; all work to be under supervision of Harbor Board ; penalty for unauthorized work, etc.; proviso as to city property, 12. Harbor Master to repair and rebuild public wharves; con- struct bulkheads at termina- tion of streets leading to harbor; to require private wharves to be repaired; to give notice to owners to repair; when Board shall repair at expense of owners; penalty. 13. Sale of unclaimed merchandise on city wharves; sale of perishable articles. 14. Fruits, fish and vegetables to be removed when a nuisance. ART. 13 .] HARBOR, DOCKS AND WHARVES — ORDINANCES. 771 Dockage and Wharfage. 15. Collection of, by Harbor Master and assistants; monthly re- turns by Assistant Harbor Masters; accounts; expenses. 16. Dockage charges; double rates after six days; Harbor Master may extend time. 17. Rates of wharfage on specified commodities; half rates for goods re-shipped; may require goods removed on same day. 18. Tonnage enrollment or license of vessel to be exhibited; liability of vessels for wharf- age; master of vessel to furnish bills of lading; no vessel to leave until dockage charges paid; penalty. Obstruction and Pollution of Harbor. Obstructions. 19. Sunken vessels to be removed by owners ; penalty ; when Harbor Board shall remove same; Mayor to recover costs of such removal and fines. 20. Board to secure and remove obstructions to navigation ; penalty for setting obstruc- tions adrift. Cleaning Docks. 21. Board to remove deposits in docks and harbor. 22. When docks in condition of nuisance Commissioner of Health to notify owners; owner or occupier to clean on receipt of notice; penalty for neglect to clean docks; said commissioner may have work done at expense of owners. Pollutiofi of Harbor by Gas Liquors. 23. Eiquors from gas works not to be discharged into harbor, etc.; penalty. Pollution of Patapsco River and Tributaries. 24. To prevent deposits of refuse in Patapsco and tributaries; no material to be deposited without permit; compensation for permission; penalty. Swimming in Harbor. 25. When swimming prohibited; indecent exposure; penalty. Vessels. Ashes. * 26. Board to provide for removal of ashes from tow-boats. Ice Boats. 27. Board to control and manage same; purposes for which to be used; charges for special use; application of sums so received; to insure ice-boats. Gang Planks. 28. Passenger vessels to be pro- vided with gang planks; specifications for and use of same; penalty. Speed Regulations . 29. Speed of vessels in harbor; penalty for exceeding speed. Wharf and Pier Regulations. 30. Harbor Master to regulate vessels to facilitate use of wharves; to control public wharves; penalty for violation of regulations. 772 HARBOR, DOCKS AND WHARVES— ORDINANCES. [aRT. 13. 31. Restricting retailing goods from vessels ; penalty for violations. 32. No vessel to lie at any pier or wharf so as to obstruct other vessels; penalty for master of obstructing vessel. Entering Docks. 33. Vessels entering public docks must have permission of Harbor Master; Harbor Master to provide berth; penalty for disobedience to Harbor Master. Rigging. 34. Regulation of yards, jib-booms and anchors of vessels while at public wharves or docks; penalty for violation. Fines and Penalties. 35. Collection of fines; penalty for obstruction of Harbor Master. HARBOR BOARD. Harbor Engineer, City Code, (1879) Art. 22, Sec. 9. City Code, (1893) Art. 4, Sec. 9. Ord. 116, June 13, 1894, Sec. 4. Duties. 1 . Under direction of the Harbor Board the Harbor Engineer shall direct and supervise the work of the sub- department and make reports of same to the Board, and Duties of the subordinates appointed by the Harbor Engineer sub- subordinates.^.^^^ to the approval of the Harbor Board shall perform such duties as may be required of them by the Harbor Oath. Board; all of them to be sworn to a faithful performance of their work and such as should be bonded to protect the public interests to give bond in such penal sum as the Harbor Board may deem sufficient. Assistant Harbor Masters. City Code, (1879) Art. 22, Sec. 19. City Code, (1893) Art. 22, Sec. 43. Ord. 116, June 13, 1894, Sec. 28. Ord. 27, March 9, 1896. Number and 2. The Comptroller shall appoint such Assistant Harbor Sensation. Mastcrs as may be needed by the Harbor Master to per- NoTK. — The references to Art. 22, City Code, (1893) give the section numbers of said Article as arranged prior to the passage of Ord. 146, approved June 13, 1894, which re-ordained Article 22 of the City Code of 1893; following the citations of said ordinance herein, will be found the particular section number given in said ordinance to the section amending the corresponding section in the Code of 1893. ART. 13 .] ANCHORAGES — ORDINANCES. 773 form the duties of his office. The Comptroller shall fix the monthly compensation of the Assistant Harbor Mas- ters not to exceed in the aggregate twenty per cent, of the monthly collections of all the Assistant Harbor Masters. Contracts, City Code, (1879) An. 22, Secs. 4, 5. City Code, (1893) Art. 22, Secs. 4, 5. Ord. 116, June 13, 1894, Secs. 5, 6. 3 . In all contracts made by the Harbor Board in which Harbor Board such a stipulation shall be appropriate, the Harbor Board ma^S’nel-pV shall reserve to itself the right to control and regulate the wo'rk'Slfe^ manner of performing the work or carrying out the con- contractors, tract, so as to guard against giving unnecessary obstruc- tion or interference to any legitimate business carried on in the harbor ; and in the case of all contracts made by the Harbor Board, it shall retain twenty per centum of all 20 % to be monies due before the completion of the contract as a security for the contractor’s compliance with all the terms of the contract. ANCHORAGES. Ord. 61, May 30, 1879. City Code, (1893) Art. 22, Sec. 25. Ord. 116, June 13, 1894, Sec. 20. Ord. 142, May 21, 1901. 4 . The Harbor Board is authorized and directed to Buoys to mark cause anchorages No. 1, No. 2, No. 3, and No. 4 to be marked by buoys or otherwise. Ord. 61, May 30, 1879. City Code, (1893) Art. 22, Sec. *26. Ord. 116, June 13, 1894, Sec. 21. Ord. 142, May 21, 1901. 5. Anchorage No. 1 shall be within these lines, namely. Anchorage south of a line drawn from the west corner of Shaw’s coal pier to the northeast corner of the pier at Beacham & Brothers ship-yard. No vessel shall anchor within 500 feet of any pier fronting this anchorage. 774 HARBOR, DOCKS AND WHARVKS — ORDINANCKS. [arT. 13. Anchorage No. 2. Distance of vessels. Anchorage No. 3. Anchorage No. 4. Ord. 49, April 28, 1888. City Code, (1893) Art. 22, Sec. 28. Ord. 116, June 13, 1894, Sec. 22. Ord. 142, May 21, 1901. 6 . Anchorage No. 2 shall be within these lines, namely: a line drawn from the southern corner of Water's northern wharf to the northern corner of the coal pier, (foot of Ninth street), until it intersects a line drawn from the easternmost end of Ober's wharf to the southwestern corner of the Canton Company's bulkhead ; thence northeasterly along land last described here. No vessel shall anchor within 300 feet of any pier or bulkhead fronting this anchorage. Ord. 118, October 20, 1886. City Code, (1893) Art. 22. Sec, 30. Ord. 116, June 13, 1894, Sec. 23. Ord. 142, May 21, 1901. 7. Anchorage No. 3 shall be within these lines, namely, a line drawn from the southern corner of Water's northern wharf to the northern corner of the coal pier, (foot of Ninth street), until it intersects a line drawn from the westernmost end of the Baltimore Dry Dock Company's wharf to the southern corner of the elevator, (foot of Sixth street) ; thence easterly along said last described line until it intersects a line five hundred feet west of the new pierhead line parallel to same ; thence northerly along said last described line until it intersects a line drawn from the northern corner of the Baltimore Copper Company's bulk- head to the easternmost end of Ober's wharf, thence westerly along said described line until it intersects the first described line. Ord. 70, May 17, 1881. City Code, (1893) Art. 22, Sec. 32. Ord. 116, June 13, 1894, Sec. 24. 8 . Anchorage No. 4 shall be within the following described lines, viz., southeast from Fort McHenry and southwest of a line drawn parallel to the ship channels and three hundred feet distant therefrom. ART. 13.] bulkheads, PIERS AND WHARVES — ORDINANCES. 775 Ord. 61, May 30, 1879. City Code, (1893) Art. 22, Secs. 27, 29, 31. Ord. 116, June 13, 1894, Sec. 25. Ord. 142, May 21, 1901. Ord. 53, May 7, 1902. 9 . The anchorage shall be used only as permitted by RguiaUons the Harbor Board, which may prescribe the time vessels anchorages, may occupy the anchorage and the terms and conditions upon which they may load and discharge cargoes therein. All vessels anchoring in the harbor shall anchor so as to keep within one of said anchorages, and be subject to all rules and regulations which the Harbor Board may enforce. All vessels when at anchor between sunset and sunrise signal lights, shall show a white light where it can be seen best at a height about twenty feet above the hull ; any vessel anchored so as to obstruct the free passage of any other vessel to or from any wharf or dock, shall remove to such vessels place as the Harbor Board may direct upon a half hour’s to remove. ’ notice and if no person be on such vessel upon whom said notice can be served, then the Harbor Board must have such vessel removed and the expense for the same shall be paid to the Harbor Board by the master of such vessel. The master of any vessel violating this section, shall pay a penalty of twenty dollars ($20) and a further penalty of penalties, five dollars ($5) for every hour the offence continues. BULKHEADS, PIERS AND WHARVES, Bulkhead and Pierhead Lines, Ord. 83, May 17, 1881. Ord. 109, July 6, 1886. City Code, (1893) Art. 22, Sec. 17. Ord. 116, June 13, 1894. 10 . The Pierhead Line of 1900, established for the Act of secre- Patapsco river by Act of the Secretary of War, and the lines Sd o/di^-^ inside the pierhead line in portions of the harbor shown on fn^thS^^. plats numbered from one to five signed by the Mayor and the Harbor Board under Ordinance 116 of 1894, are hereby declared to be the limiting lines beyond which no extension shall be made. Classen v. Chesapeake Co., 81 Md. 258. Note.— R es. 288, October 8, 1894, relating to use of public wharf at foot of Charles street by U. S. Naval Reserve Militia of Maryland. 776 HARBOR, DOCKS AND WHARVES — ORDINANCES. [arT. 13. City Code, (1879) Art. 22, Sec. 97. City Code, (1893) Art. 22, Sec. 15. Ord. 116, June 13, 1894, Sec. 18. No extensions 11 . No extension of wharves, piers, bulkheads or of wharves, etc-^wkhout piling shall be made without permission from the Mayor and City Council of Baltimore, or from the Harbor Board when the City Council is not in session, and the provisions of section 463 of the City Charter declaring that no person shall extend any wharf without laying before the Harbor Board a plan of said wharf and obtaining the consent of the Harbor Board shall likewise be applicable to piers, bulk- heads or piling ; and all work permitted under this section shall be done to the satisfaction and under the supervision of the Harbor Board ; any violation of this section shall subject the offender to a fine not exceeding one hundred Penalty. and fifty dollars ($150) and ten dollars ($10) for every day the offence continues ; provided, however, the provisions of this section shall not apply to city property in so far as relates to construction of bulkheads and piers fronting on the harbor. Williams v. Baker, 41 Md. 528. Balto. & O. R. R. Co. v. Chase, 43 Md. 23. Horner v. Pleasants, 66 Md. 475. Classen v. Chesapeake Co., 81 Md. 258. City Code, (1879) Art. 22, Sec. 14. City Code, (1893) Art. 22, Sec. 18. Ord. 116, June 13, 1894, Sec. 19. . , 12 . It shall be the duty of the Harbor Board to cause To repair and rebuild pub- all public wharves to be rebuilt and repaired when in its lie wharves. ^ i i *i opinion the same may be necessary ; to cause to be built solid and substantial bulkheads, of durable materials, at the end or termination of all streets, lanes and alleys leading to or binding on the harbor, when the same may be proper and necessary ; and to require all private wharves, that are decayed or defective, or from any other To requeue cause likely to be injurious to navigation or to health, to be wharves to be j. 0 i)uiit or repaired within a reasonable time, to be pre- repaired. scHbed in a written notice, (not less than thirty days), to to be served on the agent, owner, or occupier of such Notice. wharf, and the owners of lots binding on or running to the harbor, shall cause the same to be secured in such manner ART. 13 .] DOCKS AND WHARFAGE — ORDINANCES. 777 as the Harbor Board may think proper, so that no injury can result therefrom to navigation or to health, and if the owner is a minor, or cannot be found, it shall be the duty of the Harbor Board to have the wharf or lot secured at the expense of the owner, to be recovered by the Mayor and City Council of Baltimore in due course of law ; any person who fails to comply with the requirements of this section shall pay a fine of ten dollars for every day of non- penalty, compliance. City Code. (1879) Art. 22, Sec. 79. City Code, (1893) Art. 22, Sec. 107. Ord. 116, June 13, 1894, Sec. 37. 13. Whenever the owner or agent of any merchandise on any city wharf cannot be ascertained by the Harbor Merchandise Master after the same has been thereon forty-eight hours, unclaimed, the Harbor Master may remove the same to some con- venient and safe place, and sell the same, upon giving at least thirty days’ notice ; but perishable articles may be able articles sold at the discretion of the Harbor Master, and any owner or agent of said merchandise who shall claim the same before the sale thereof, may take the same upon paying the wharfage and all other expenses. City Code, (ia79) Art. 22, Sec. 81. City Code, (1893) Art. 22, Sec. 109. Ord. 116, June 13, 1894, Sec. 38. 14. The Harbor Master is hereby authorized and directed to cause all watermelons and other fruits, fish. Fruits: ssh and vegetables and refuse to be removed from the public b?removld° wharves whenever they shall become a nuisance, and the niAsSnce. owner of any such watermelons, or other fruit, fish or vegetables, shall pay a penalty of ten dollars for every day the same shall remain after notice to remove the same has been given to the owner by the Harbor Master. Dockage and Wharfage. City Code, (1879) Art. 22, Secs. 31, 34. City Code, (1893) Art. 22, Secs. 55, 58. Ord. 116, June 13, 1894, Secs. 29, 30. 15. It shall be the duty of the Harbor Master to have daily collections made of all amounts due for dockage and 778 HARBOR, DOCKS AND WHARVES — ORDINANCES. [arT. 13 . ' ^borMLter"^* wharfage, and whenever any amount is due two days and tSts'tn^'re- socurod to the satisfaction of the Harbor lation thereto Master, he shall enforce the payment thereof in the same manner as other city dues are collected. It shall be the duty of the Assistant Harbor Masters to make monthly returns on oath and to pay all money collected by them to the City Register through the Harbor Master, specifying the source from which collections were made for dockage and wharfage. The City Register shall furnish to the Accounts. Harbor Master and Assistants the necessary books in which to keep their accounts, which shall be returned to the City Register when filled or a change of officers takes place. Expenses. and all expenses on account of the Harbor Master and Assistants shall be paid from the money collected by them. City Code, (1879) Art. 22, Sec. 57. City Code, (1893) Art. 22, Sec. 85. Ord. 116, June 13, 1894, Sec. 31. Rates per diem 16 . All vessels, including barges and scows, lying at for dockage. wharf or dock, shall pay dockage according to the following rates per diem, or for any less time, namely: under eight tons, fifty cents ; from eight to fifty tons, one dollar ; from fifty to one hundred and fifty tons, one dollar and fifty cents ; all over one hundred and fifty tons, one cent per ton and all vessels outside of first tier shall pay one-half of these rates ; any vessel occupying the first and second tiers shall pay double the above rates for every day above six, and treble for every day above twelve that it shall remain at any wharf or dock aforesaid, unless Harbor Master allowed to remain longer by the Harbor Master, who is t?me,^?ther^ hereby authorized to extend the time for said vessels in all win be^^^ cases when he may think the public interest is promoted increased as provided, thereby. Rates of wharfage. City Code, (1879) Art. 22, Secs. 59, 66. City Code, (1893) Art. 22, Secs. 87, 94. Ord. 116, June 13, 1894, Secs. 34, 35. 17 . All goods, wares, merchandise or other articles landed at or upon and shipped from any public wharf shall pay the following rates of wharfage per calendar day or fraction thereof, or for any less time the same shall remain ART. 13.] DOCKAGE AND WHARFAGE— ORDINANCES. 779 thereon : bags of coffee, ginger, pepper or any other articles in similar bags, each one cent ; bales of commodities, merchandise, cotton, dry goods, etc., each four cents; barrels of flour or product, each one cent ; larger barrels, each two cents ; boxes of sugar, dry goods and foreign drugs, gums, etc. , each three cents ; boxes of raisins, soap, candles, etc. , each one-half cent ; castings of all kinds, per ton, fifteen cents ; carriages, wagons or carts, each twelve and one-half cents ; coal per ton of twenty- eight bushels, plaster, etc. , five cents ; crates of ware or hampers of bottles, etc. , each four cents ; dye woods of all kinds, per ton, fifteen cents ; grain, per bushel, and all other articles sold by the bushel, not exceeding one-half cent ; hides and leather, per hundred sides, thirty cents ; hogsheads and pipes of every description, containing merchandise or otherwise, each, six and one-quarter cents; iron or steel, per ton, ten cents ; kegs of nails, shot, raisins, butter, lard etc. , each, one cent ; tierces of every description, containing merchandise or otherwise, each, four cents; bananas, one-half cent per bunch; pineapples, fifteen cents per thousand ; watermelons, ten cents per hundred ; all other goods not enumerated in the above list, to pay in proportion. On all lumber landed upon any city wharf, fifteen cents per thousand feet ; shingles, five cents per thousand ; laths, three cents per thousand ; and for every ten days, or part thereof, a similar charge may be collected. All goods shipped from one vessel to another naif rates for shall pay one-half of the above rates, to be paid by the f^p^ped.' vessel shipping, the goods. The Harbor Master may require anything landed on any public wharf to be removed on the same day, or subject the same to a daily penalty of fifteen cents for each foot occupied of the length of the wharf. Orel. 116, June 13, 1894, Sec. 32. Orel. 87, October 20, 1897. 18 . The master of any vessel subject to the payment Tonnage of dockage shall exhibit to the Harbor Master upon orSsefo request, the enrollment or license of said vessel to show exhibited, the proper tonnage thereof ; any vessel landing or 780 HARBOR, DOCKS AND WHARVES — ORDINANCES. [arT. 13. receiving cargo at a city wharf shall be responsible for the ^ toVi wharfage on the same, and the master of such vessel shall furnished, fumish the Harbor Master, upon request, with the mani- Dockage lading of cargo, and no vessel shall leave charges to be the wharf until all charges are paid for dockage and wharfage ; the master of any vessel who violates this Penalty. section shall pay a penalty of twenty dollars. OBSTRUCTION AND POLLUTION OF HARBOR. Obstructions. City Code, (1879) Art. 22, Sec. 12. City Code, (1893) Art. 22, Sec. 12. Ord. 116, June 13, 1894, Sec. 10. ®“to be removed Harbor Board shall cause to be removed, in by owners. time as it may deem reasonable, all vessels which may be sunk in the harbor or port of Baltimore; and the owner or owners of such sunken vessel who refuse or neglect to remove the same when directed to do so by the Harbor Penalty. Board shall pay a fine of ten dollars per day for every day the said vessel shall remain after due notice as aforesaid, and in case the owner or agent of such sunken vessel can- when^Harbor not bc found then the Harbor Board shall proceed to remove remove same. said vessel, and as soon as the owners or agent of such sunken vessel so removed shall be found, the Mayor shall Ma or to re rocovor by law the amount expended for the re- cover costs moval of said vessel, and also such fine as may be recovered and fines. , , , . under this section. City Code, (1879) Art. 22, Secs. 87, 88, 89. City Code, (1893) Art. 22, Secs. 80, 81, 82. Ord. 116, June 13, 1894, Sec. 13. 20 . The Harbor Board shall have secured all obstructions to navigation that may be found drifting about or otherwise Relating to obstructiug navigation, and shall notify the owner or agent to5l7igatioL of the same that the said obstruction has been so secured and held at the expense of the owner; and if not claimed with- in ten days the Harbor Board shall sell the same, and any balance after the expense of securing has been paid shall be held by the City Register to be paid to the owner, if ART. 13 .] Cleaning docks — ordinances. 781 claimed within twelve months. Any person who shall cast loose, set adrift or place any object likely to become an ob- struction to navigation shall pay a fine not exceeding fifty penalty, dollars. Cleaning Docks. City Code, (1879) Art. 22, Sec. 18. City Code, (1893) Art. 22, Sec. 22. Ord. 116, June 13, 1894, Sec. 7. 21. The Harbor Board shall remove all deposits ^ the harbor and docks into which said deposits empty, when- ever the Harbor Board may deem it right and proper to do so, without serious interference with the main work of harbor improvement. City Code, (]879) Art. 23, Sec. 18. City Code, (1893) Art. 23, Sec. 34. 22. Whenever the Commissioner of Health shall be of opinion that the navigation at any of the wharves or docks, from not being sufficiently deepened and cleaned, is in such a condition that a nuisance may be created thereby, he shall cause a notice to be served upon the occupier or occupiers, agent or agents, owner or owners of any wharf or wharves, dock or docks, to deepen or clean the navigation at any wharf or dock in such manner as may be prescribed in such notice; and if such owner or owners, occupier or occupiers, agent or agents shall neglect or refuse to deepen or clean the same, each person so offending shall forfeit and pay ten dollars, and the further sum of five dollars for each and every day he, she or they shall so neglect or refuse, and shall moreover pay the expense incurred in case the navi- gation of such wharf or dock shall be deepened and cleaned under the authority and direction of said commissioner, which he is hereby authorized to cause to be done on such neglect or refusal, within five days, under the superinten- dence of the Harbor Board. 782 HARBOR, DOCKS AND WHARVKS — ORDINANCES. [aRT. 13. Pollution of Harbor by Gas Liquors, City Code, (1879) Art. 22, Sec. 54. City Code, (1893) Art. 22, Sec. 78. Ord. 116, June 13, 1894, Sec. 9. iviquo^jrom 23. If any gas company, or any other company or per- ?hLge?in shall discharge or cause any water to flow into Jones’ harbor, etc. Falls, Harford run, Chatsworth run, Schroeder’s run, or any portion of the harbor or Spring Gardens, or any of the streams or sewers running thereinto in which water there may be any gas-tar or other lees or dregs, the company or person so offending shall pay a fine of twenty dollars for Penalty. such offonco, and a further fine of twenty dollars for every day the offence continues. Pollution of Patapsco River and Tributaries. Ord. 116, June 13, 1894, Sec. 8. Ord. 73, May 17, 1895. Regulating 24. No material, refuse, or matter of any kind shall be deposit of . / ^ refuse in thrown into, deposited in or placed where the same may Patapsco, etc. ^ ^ i -X • • fall or be washed into the Patapsco river, or any of its tributaries, without written permission from the Harbor Board, and the Harbor Board is authorized to employ super- visors to see that any material permitted to be deposited is placed where directed by the Harbor Board ; and the person applying for or receiving said permission shall pay Compensation for the services of said supervisors such rates as the Har- for permis- ,-r-.n i . Sion. bor Board may deem reasonable and just. Any person violating this section shall pay a fine of not less than five nor , more than fifty dollars, and the Harbor Board is specially charged with the execution of the provisions of this section. Swimming in Harbor. City Code, (1879) Art. 22, Sec. 96. City Code, (1893) Art. 22, Sec. 84. Ord. 116, June 13, 1894, Sec. 14. Relating to 25. It shall not be lawful for any person to swim or swimming or . . bathing in ^ bathe at any time between the hours ot seven in the morn- or Patapsco. jng and eight in the evening in any part of Jones’ Falls or of the Patapsco river within the limits of the city so as to make an indecent exposure under a fine of not less than one dollar nor more than five dollars. Penalty. ART. 13.] VESSELS — ICE BOAT — GANG PLANK — ORDINANCES. 783 VESSELS. Ashes. Ord. 32, April 17, 1891. Ord. 116, June 13, 1894, Sec. 11. 26. The Harbor Board is authorized and directed to Removai^of^ provide a suitable barge or scow, and under such regula- tow-boats, tions as the Harbor Board may find necessary, to receive on the same the ashes from the tow-boats in use in the harbor ; the said ashes to be deposited where they will not be injurious to navigation or health. Ice Boats. Ord. 116, June 13, 1894, Sec. 12. 27. Subject to the provisions of sections 480 to 485, to control and inclusive, of the City Charter, and such ordinances as may be ordained by the Mayor and City Council of Baltimore, the Harbor Board shall control and manage the ice boats and shall have no power to permit the use of said boats for any other purpose than to aid the commerce and navi- gation of the port and to keep the harbor and the approaches thereto free from obstruction by ice, in such manner as the Harbor Board may deem best ; and in all cases of charges for ., f ^ • special uses. special use of the boats, in any way of relief or otherwise, the Harbor Board may make such charges for said use as it may deem reasonable and just, and apply the sum received for the same towards the expenses of the boats ; and the Harbor Board is authorized to have the ice boats insured for amounts not exceeding eighty per cent, of their values. Gang Planks. City Code, (1879) Art. 22, Secs. 85, 86. City Code, (1893) Art. 22, Secs. 112, 113. Ord. 116, June 13, 1894, Sec. 16. 28. All vessels (except tugs) carrying passengers shall Relating to be provided with a gang-plank at least four feet wide, with ^^"^r-pianks. a hand-rail on each side thereof four feet high, the space between the hand-rail and the gang-plank to be so enclosed 784 HARBOR, DOCKS AND WHARVKS— ORDINANCES. [arT. 13. Speed of ves- sels in harbor. Bimits. Regulation of vessels to facilitate use -of wharves. Obstruction of wharves. Penalty. as to prevent any person passing over said gang-plank from falling overboard ; said gang-plank to be used by said vessel at all times upon making ‘fast to any wharf or pier in the city of Baltimore for the purpose of embarking or debarking passengers ; the master of any vessel violat- ing this section shall pay a fine of fifty dollars. Speed Regulations. City Code, (1879) Art. 22, Sec. 91. City Code, (1893) Art. 22, Sec. 79. Ord. 116, June 13, 1894, Sec. 15. Ord. 24, May 27, 1897. 29 . No vessel shall move in the harbor at a greater rate of speed than the time hereby fixed to pass between the following points : From a point on a line from Patterson street wharf to the west end of Reeder’s wharf to a point on a line from Henderson’s wharf to the foot of Hull street, nine (9) minutes ; thence to a point off Foley’s wharf, eight (8) minutes ; the master of any vessel violating this section shall pay a fine of twenty dollars ($20) . Wharf and Pier Regulations. City Code, (1879) Art. 22, Sec. 32. City Code, (1893) Art. 22, Sec. 56. Ord. 116, June 13, 1894, Sec. 33. 30 . The Harbor Master is authorized so to regulate the manner in which all vessels shall lie at any of the public wharves that the facilities for discharging and receiving cargoes may be afforded as generally as possible, and the public interests most promoted ; nothing shall be landed or allowed to remain on any of said wharves without permis- sion from the Harbor Master, and everything shall be placed on said wharves where directed by him, and any person who refuses to obey the Harbor Master in carrying out this section shall pay a penalty of twenty dollars. City Code, (1879) Art. 22, Sec. 41. Ord. 63, April 1, 1880. City Code, (1893) Art. 22, Sec. 65. Ord. 116, June 13, 1894, Sec. 36. 31 . No vessel shall remain at any of the public wharves for the purpose of retailing any goods, wares or merchandise, more than three whole days; and no vessel ART. 13 .] ENTERING DOCKS— ORDINANCES. 785 shall lie at any of the city wharves for the purpose of retailing- dry goods, wares, merchandise or produce, privileges, except the same has been brought into port by said vessel, nor shall any vehicle or booth, or structure of any kind, stand on any city wharf for the purpose of retailing fruit or other articles therefrom. The master of a vessel or any other person, violating this section, shall pay a penalty of twenty dollars, and a further penalty of five penalty, dollars for every hour the offence continues. City Code, (1879) Art. 22, Sec. 28. City Code, (1893) Art. 22, Sec. 52. Ord. 116, June 13, 1894, Sec. 39. 1 1 n T 1 r* • 1* • No vessel shall 32. No vessel shall he at any wharf or pier, or adjoin- He at any . . , 1 wharf or mg the same, in such manner as to obstruct or prevent pier as an the free passage of other vessels to and from other ^oo^^r wharves or piers. “The master of any vessel refusing to comply with the provisions of this section shall, after one hour from the time notice to move his vessel shall have been served, be subject to a fine of not more than twenty dollars for every hour thereafter that the said obstruction continues.”* Entering Docks. City Code, (1879) Art. 22, Sec. 38. City Code, (1893) Art. 22, Sec. 61. Ord. 146, June 16, 1894, Sec. 40. 33. No vessel shall enter any of the public docks of the city without first obtaining permission from the Har- bor Master, whose duty it shall be to provide a suitable berth for such vessel, and to keep a free passage in such docks for vessels moving in and out of the same. The master of any vessel violating this section by entering any ^ocks of said docks, or who refuses to obey the Harbor Master required, in carrying out this section shall pay a penalty of five dol- lars for refusal and five dollars for each hour the obstruc- tion continues. *Note. — See, section 468, City Charter, ante,re\aX\x\g to obstruction of docks by vessels. 786 HARBOR, DOCKS AND WHARVES — ORDINANCES. [aRT. 14 . Rigging, City Code, (1879) Art. 22, Sec. 33. City Code, (1893) Art. 22, Sec. 57. Ord. 116, June 13, 1894, Sec. 42. Yards, jib- 34 . It shall be the duty of the person having in charge aSXorlSf any vessel lying at any of the public wharves or docks tO' TnharbOT. ^ ^ top the yards, rig in the jib-booms, and place the anchor or anchors on the deck of said vessel, whenever required so to do by the Harbor Master, or the occupier of any wharf or his agent; and any person having charge of any Penalty, vossol, who shall nogloct or refuse to obey directions as aforesaid, shall pay a penalty of five dollars. Fines and Penalties. Ord. 116, June 16, 1894, Sec. 43. Collection of. 35^ All finos incurrod by the violation of any of the provisions of this Article enforceable thereunder by the Harbor Master shall be recovered by the Harbor Master as other fines are recoverable; and any person who Obstruction of shall obstruct him in the performance of his lawful MSstS duties shall pay a fine of twenty dollars, to be recovered as aforesaid; and all other fines imposed by the provisions of this Article, for the recovery of which no provision has been made herein, shall be recovered as other fines imposed by ordinance are recoverable; all of said fines when collected to be paid to the Comptroller. ART. 14. J HKARTH — ORDINANCES . 787 ARTICLE XIV. HEALTH. ORDINANCES. Commissioner of Health. Duties. 1. To give advice with view to preservation of public health; to adopt proper measures in regard to contagious diseases; to report to Mayor. 2. Penalty for interfering with Commissioner of Health or his subordinates. Medical Examiner. 3. Medical Examiner and Assistant to make po^t-mortem and other examinations ; when Medical Examiner absent his duties to be performed by his assistant. Assistant Commissioner of Health. A. His duties; to keep record of all reports; in absence of Com- missioner of Health, Assistant to act in his stead. 5. Further duties of Quarantine Hospital Physician. Badges. 6. Officers and employes of sub- department to wear a badge. 7. Design of badge. 8. Penalty for unauthorized use of badge. 9. Duties of vaccine physicians at police stations ; to attend officers wounded in discharge of duty. Contagious and Infectious Diseases. 10. What diseases to be treated in Municipal Hospital for In- fectious Diseases. 11. Physicians to report infectious diseases to Commissioner of Health within twenty-four hours. 12. Such diseases to be also reported by hotel and house- keepers; what report shall show; penalty for failure to report. 13. Institutions also to report. 14. Masters of vessels to report. 15. Bringing in articles from infected places prohibited, except by permis.sion of Com- missioner of Health; infected articles to be cleansed; not to be sold or exchanged without permit. 16. Persons sick of such diseases not to be removed without permit; exposure to contagion prohibited. 17. Burial of bodies of persons dying with such diseases. 788 HEAIvTH — ORDINANCES . [art. 14. 18. Protection of occupants of houses in which infectious diseases develop ; cleansing such houses. 19. Commissioner may fence in and guard infected localities; may furnish subsistence and clothing made necessary thereby. 20. Emergency powers of Com- missioner of Health in hand- ling dangerous diseases. 21. Authority of Commissioner in preventing spread of infectious diseases ; penalty for inter- ference therewith. 22. Seizure of infected articles. 23. Vaccination of infants ; re- vaccination every five years. 24. Vaccination of adults; re- vac- cination of persons in in- fected districts. 25. Public vehicles not to be used to transport persons suffering from contagious diseases, or bodies of persons who have died therefrom; disinfection of such vehicles. 26. Hiring of vehicles to carry infected dead prohibited. 27. Disinfecting premises where the patient has died or been removed. 28. Appointment of extra vaccine physicians. 29. Penalty for violations of pro- visions of this Article. 30. Physicians of dispensaries to preserve supply of vaccine virus; where vaccination fails, physician to repeat vaccina- tion. 31. Inoculation prohibited. 32. Commissioner to register suf- ferers from pulmonary tuber- culosis; investigation of cases; when Commissioner shall assume sanitary surveillance of cases. Cows, Cow Stables and Dairies. Keeping Cows, Registration and Permits. 33. Area of ground required for each cow; permit from Com- missioner of Health required; penalty for violation of re- strictions. 34. Number of cows allowed on each quarter-acre of ground; penalty for exceeding limit; permit revocable whenever stables are not in sanitary condition. 35. Pastures must be provided for cows; penalty. 36. Owners of stables to register same with Commissioner ; penalty for failure to register. 37 . Commissioner may issue annual permits for four cows or less on not less than one-eighth acre; specifications for stables required under such permits. 38. Requirements as to area of ground not to apply to sales or exchange stables; proviso as to requirements for sales and exchange stables. 39. Existing regulations not re- pealed by this Article. Cow Stables and Dairies, Sanitary Regulations. 40. Requirements for construction of such stables. ART. 14 .] health — ORDINANCES . 789 41. Stables to have suitable floors; if public sewer abuts premises, stable to connect therewith. 42. Feeding troughs to be pro- vided; receptacle for refuse outside of building. 43. No water closet, privy, cess- pool, etc., permitted in stables; no fowl, hog, horse, sheep or goat to be kept in building. 44. Dimensions of sheds and stalls. 45. Dairy premises to be kept clean and in good repair. 46. Buildings to be throughly cleaned and accumulation of dung prevented. 47. Cows to be cleaned every day. 48. Receptacles for fresh drinking water to be provided; fresh, clean water only to be used. 49. Enclosures in which cows are kept to be graded and drained; no garbage or refuse to be allowed in same; no open drain to run through same. 50. Receptacles of non-absorbent material to be used for storage, etc., of milk; milk to be re- moved from stables without delay. Contagious and Infectious Diseases. 51. Persons keeping cows to notify Commissioner of Health of presence of infectious diseases among them. 52. Cows to be submitted to tuber- culin test. 53. Persons controlling premises on which milk, etc., are sold to notify Commissioner of presence of infectious diseases thereon ; no milk or cream to be sold from such infected premises ; no person handling milk to expose himself to in- fection . 54. Hands and persons of milkers to be clean. 55. Penalty for violation of sections 40 to 54 inclusive, of this Article. Food, Food Products and Milk. Adulterating Milk. 56. Penalty for adulteration of milk ; penalty for sale of milk of diseased cows. Sales and Inspections. 57. Sale of unsound food products or any food kept fresh by sal- icylic or boracic acid prohib- ited. 58. Unlawful to secrete or remove unsound food after condem- nation ; to be disposed of at expense of owner. 59. Requirements for pure milk ; skim-milk or butter-milk may be sold as such. 60. Commissioner of Health to in- spect and obtain samples of foods sold or for sale; to make rules and regulations for pro- tection of health of city. 61. Competent chemist and three inspectors of foods to be ap- pointed ; chemist to be an analyst ; duties of chemist ; duties of food inspectors; sal- aries of inspectors. 62. “Food product” defined ; pro- viso as to other terms ; indict- ments under this sub-division . 63. Penalty for violating provisions of five preceding sections. 790 HK AIvTH — ORDINANCES . [art. 14. Peddling Oysters. 64. Penalty for hawking oysters from June 1, to September 15. Manufactories Injurious and Dan- gerous to Health. 65. Manufactories constituting a nuisance prohibited; duty of Commissioner when com- plaint is made ; penalty ; proviso as to application of roofing to buildings. 66. Permit required for manufac- ture of composition roofing; application for such permis- sion to be advertised; penalty. 67 . Distilling copal varnish ; boiling or grinding bones; consent of Mayor and City Council re- quired. 68. Penalty for unsanctioned manufacture. 69. Distillingturpentineor varnish; manufacture of earthen or stoneware; proviso as to plants already established; penalty. 70. Soap and candle making; penalty. 71. Application for permit to erect soap or candle factories; to be published at expense of ap- plicant. 72. Mill for pulverizing charcoal; penalty. 73. Manufacture of red or yellow ochre must be assented to by owners of contiguous property within two hundred yards ; penalty. 74. Manufacture of certain other articles prohibited except with consent of property holders; penalty. 75. Manufacture of cotton wadding, laps and bats prohibited; pen- alty. 76. Moulding clay, or burning brick or tile, etc. ; permission of Mayor and City Council required; notice of application for permission by publication; penalty. 77. Poudrette works, glue factories, etc., and stock yards pro- hibited; penalty. Morgue. 78. What bodies shall be deposited therein. 79. How long bodies shall remain. 80. Preservation of clothing and effects of deceased. 81. Superintendent of morgue; qualifications. 82. Bond of Superintendent, 83. Commissioner of Health to make rules for government of morgue; Superintendeat to enforce same. Nuisances and Prevention of Disease. Abatement of Nuisances. 84. Commissioner of Health to inspect all lots, grounds, etc.; when found in state of nui- sance to abate same; to notify owners of premises in state of nuisance; Commissioner to abate nuisance at expense of owner when owner fails to do so; penalty for neglect of owner„ 85. Procedure where owner cannot be found. ART. 14 .] health — ORDINANCES . 791 Removal of Nuisances. 86. Procedure when nuisance exists on lot adjoining lot entered upon; penalty for such adjoin- ing owner. Notice. 87. Requirements for sufficient notice. 88. Notice to non-resident owners; Commissioner of Health to remove nuisance on failure of such non-resident. Recovery of Charges for Removing Nuisances. 89. Such charges and any penalties imposed under this sub- division to become a lien on the property; execution. Sales of Property. 90. Procedure in sale of property charged with expenses of abating nuisance. 91. Whom to be taken as owners; duty of such persons under this sub-division. Bones. 92. Bone dealers; green bones; proviso. Cellars. 93. When Commissioner of Health suspects a nuisance therein he may demand entry; pen- alty for obstructing Commis- sioner. 94. Commissioner of Health may cause cellars to be filled up. • Dead Animals, Etc. 95. To be removed within twelve hours; removal in enclosed wagons; penalty. Deposits on Vacant Lots and Premises. 96. Manure and nuisance on such lots; consent of adjoining owners. 97. Deposits of cleanings, of slaughter houses, etc.; pen- alty. 98. Removal of such articles to other premises; penalty. 99. Not to bring filth into city; penalty. Draining Low Ground. 100. To drain instead of filling up low ground where practicable. Expectorating . 101. Expectoration on sidewalks, in public buildings, cars or depots, etc., prohibited. 102. Notices forbidding same to be posted by persons having charge of such premises, etc. 103. Said persons to provide receptacles; to clean and dis- infect same daily. 104. Penalty for violation of pro- visions of this sub-division. Tenement a7id Lodging Houses. 105. Cleanliness required; to white- wash walls, ceilings, etc.; registry of tenement houses with Commissioner of Health. 106. Penalties for violation of tenement and lodging house regulations hereunder. Garbage. 107. Penalty for burning garbage at dumps. 108. Permit necessary to carry garbage through streets. 792 HE AI.TH — ORDINANCES . [art. 14. 109. Grant or refusal of said per- mit to be within discretion of Commissioner of Health. 110. Penalty for such carriage of garbage without permit. 111. No rubbish, etc., to be dumped on private property without consent of owner. 112. Penalty for dumping without permission . Graves. 113. Depth of graves; penalty for insufficient depth. Hydrants. 114. Abatement of nuisance from leakage of same. 115. Such nuisance to be removed at expense of person causing same. Ice Ponds. 116. No grounds to be so used without permit. 117. Such ponds when permitted must be drained from first of March to first of November. 118. Penalty for neglect to drain. Oyster and Clam Shells. 119. No shells to be dumped with- out permit; penalty. 120. No shells to be stored in June, July or August; penalty. Shavings and Vegetable Matter. 121. Not to be placed on wharves or low ground. Smoke. 122. City Hall and Court House chimneys not to emit smoke. 123. Dense or black smoke from other chimneys prohibited; proviso as to greenhouses. 124. Penalty for violation of pro- visions of this sub-division. 125. Commissioner of Health to enforce provisions of this sub-division. Stables. 126. Penalty for maintainance of same in a condition of nuis- ance. Wells and Springs. 127. Water of wells and springs suspected of impurities to be analyzed; analysis; record of analysis; condemnation and notice to Water Engineer. Play Grounds for Children. Co7itract luith Children's Play- g7'Ound Associatiofi. 128. Twenty-four playgrounds to be maintained for |3,000 per annum; when said sum is payable; city may termi- nate this contract at any time upon 30 days’ notice. Plumbing and Inspections, Inspector of Plmnbing. 129. Inspector of Plumbing; quali- fications; not to be interested in plumbing business; bond; salary. 130. Permit for drain pipes; appli- cation for same. 131. Penalty for exceeding permit. 132. Plumbing work to be super- vised by Inspector of Plumbing. 133. Such work to be done in con- formity with instructions of said Inspector; penalt}^ for non-compliance therewith. 134. Penalt}’’ for doing work with- out permit, or in a manner detrimental to health. ART. 14 .] health — ORDINANCES . 793 135. Inspector of Plumbing to cer- tify approval of work. Potters’ Fields. 136. To be under control of Com- missioner of Health; Com- missioner to regulate same; depth of graves therein; gates to be locked; penalty. Privies and Night Soil. Privies. 137. Privy wells in connection with more than one house prohibited. 138. Those already constructed not to be so used; proviso as to those now so used. 139. Penalty for violation of pro- visions of this sub-division. 140. Persons licensed to remove contents of privies to be under control of Commis- sioner of Health; penalty for refusal or neglect to obey his orders. 141. Cleaning permitted in day time; proviso as to annoy- ance to sight or smell. 142. May require bond for proper performance of work from persons so permitted to clean. 143. Offensive privies and vaults to be cleaned on notice from Commissioner of Health; who shall be responsible hereunder; penalty for neg- lect. 144. No privy etc., to be emptied without permit; penalty. 145. Permits for draining cess- pools, etc.; conditions under which such drainage to be installed. 146. Penalty for bringing night soil into city. 147. Penalty for placing substances other than excrement in privy wells. 148. Applications for cleaning priv- ies, etc., to be recorded; re- quirements of application. 149. Removing apparatus to be air-tight; penalty for use of improper apparatus. 150. Proper drainage from build- ings required; penalty for owners. 151. Penalty for introducing drain- age or other pipes into city wells. 152. No vaults for privies to be placed under streets or side- walks. 153. Penalty for placing such vaults and fcr use of same. 154. Penalty for depositing night soil at places other than those selected by the Com- missioner of Health. 155. Commissioner of Health may order deposits at such places suspended. 156. Specifications for contract with R. R. Zell & Co. 157. Mayor to revoke said con- tract for default. 158. Employers of both males and females to maintain separate privies for each sex. Quarantine Regulations. Quarantine Hospital Physician. 159. Quarantine Hospital; duties of physician. Employes at Quarantine Hospital. 160. Employment of; compensa- tion. 794 HEAI.TH — ORDINANCKS . [art. 14. 161. Further duties of physician; his bond. Inspectio7i of Vessels. 162. Between April and November all vessels subject to quaran- tine regulations; limits with- in which vessels shall not proceed without permit; du- ties and powers of Quaran- tine Hospital Physician; purifying and disinfecting vessels ; expense of same to be borne by master; vessels not to remove from position assigned them at quarantine without permission; penalty for failure to obey instruc- tions of Physician; action against vessel to recover penalt\\ 163. Cleansing vessels after cargo discharged. Contagious and hifectious Diseases on Vessels. 164. Duty of master of vessel ar- riving with passengers hav- ing or suspected of having said diseases; penalty; from whom collectible. 165. Admission of patients to Quarantine Hospital. Cargoes Infected with Disease. 166. Cargoes damaged or liable to produce disease not to be . brought into city; procedure when such articles discov- ered in city; vessel bringing same to be cleansed and ventilated at quarantine ; penalty. Vessels Exempted f'om Regula- tions. 167. What vessels Mayor and Com- missioner of Health may exempt from regulations; proviso as to vessels having contagious diseases aboard. 168. Such exempted vessels may be quarantined if necessary. Small-Pox and other Infectious or Cofitagious Diseases. 169. Duty of Physician upon notice or when such diseases are suspected of being on board vessels; disinfection of offi-~ cers, passengers and effects; to prevent communication between citizens of city and those detained; penalty for removing baggage before disinfection. Expenses of Disinfection. 170. Who shall be liable therefor. 171. If persons quarantined are unable to maintain them- selves the master of vessel in which they arrived shall provide for them; vessel not to leave quarantine until such expenses paid. Penalties and Stipulations. 172. Penalties imposed for viola- tions of orders, rules and regulations of Quarantine . Hospital Physician ; breaking quarantine; duty of Com- missioner of Health on dis- covery of contagious disease on vessel in basin or at docks. Quarantine Charges Against Ves- sels. 173. Rates of charge; Physician to make monthly returns of charges collected and num- ber and tonnage of vessels boarded ; collection of charg- es; penalty for failure to pay same. ART. 14 .] health — ORDINANCES . 795 Patients at Quarantine Hospital. 174. Rates of charge for mainte- nance of patients; master of vessel liable therefor on failure of patient to pay; ship to remain until charges paid. Supplies for Hospital. 175. To be obtained through Com- missioner of Health. 176. Responsibility of Physician for baggage while being dis- infected. Medical Attendance . 177. Vaccination of crew and pas- sengers; fees therefor; at- tendance on passengers not quarantined; charges there- for; disposition of monies so collected. 178. Duty of Harbor Master here- under. Registration of Births and Deaths. Registry of Births and Deaths. 179. Commissioner of Health to provide books for registra- tion. 180. Births and deaths to be regis- tered in separate books; to be indexed; to be open to public. 181. On occurrence of death at- tending physician to furnish undertaker with certificate; duty of undertaker; proviso when death from contagious disease. 182. Coroner to furnish certificate when case comes under his notice; proviso as to conta- gious disease; duty of un- dertaker; proviso. 183. What certificate shall show. 184. No burial to be made without permit; return of permit after burial; proviso as to removal of bodies. 185. Undertaker to furnish certifi- cate when death occurs without medical attention. 186. Penalty for failure or refusal to furnish permit; penalty for neglect of these provi- sions by those in charge of cemeteries, etc. Permits for Transportation of Dead Bodies. 187. No dead bodies to be carried without permit; transporta- tion companies to detach and return coupons on per- mit; penalty for carriage without permit. Midwifery . 188. Midwives to keep registry o births; what such record shall show; to be entered on schedule furnished by Com- missioner of Health; attend- ing physician to sign sched- ule; if no midwife or physi- cian attending, then parents to report, birth, etc.; pen- alty for failure to report birth. Register of Physicians^ Midwives, Undertakers and Others. 189. To register name, residence and place of business at office of Commissioner of Health; penalty for failure to regi.ster, etc. 190. Commissioner of Health to furnish on request transcript of record of births and deaths; fee for same; fee for search of said record. 796 H E AI.TH — ORDINANCES . Lart. 14. To give advice with view to preservation of public health. 191. Accounting for monies so re- ceived. 192. What matters records of births and deaths shall show. 193. Blanks to be distributed free to those requiring them; form of blanks. 194. Bodies of persons dying from contagious diseases to be buried after twenty-four hours; penalty. Slaughter and Hide Houses, Hog, Pens, Etc. 195. Complaints against slaughter houses by adjacent property holders; duty of Commis- sioner of Health therein. 196. Notice for removal of slaugh- ter houses becoming a nuis- ance; when Mayor to pro- ceed as under common law. 197. No slaughter or hide houses to be erected in city; penalty. 198. Penalty for keeping hogs within city; proviso as to hogs kept for sale or slaugh- ter; in no case to be kept over ten days. 199. Victualler may keep limited number of hogs on his .slaughter - house premises; proviso as to permit for same. 200. Commissioner of Health to grant said permit if he finds that keeping hogs on such premises will not create a nuisance; permit to be good for twelve months. 201. Penalty for keeping hogs without permit. Fines and Penalties. 202. Penalty for non-compliance with notice or order of Com- missioner of Health when no other penalty provided. 203. Recovery of and accounting for fines and penalties im- posed under this Article. COMMISSIONER OF HEALTH. Duties. City Code. (1879) Art. 23, Sec. 9. City Code, (1893) Art. 23, Sec. 18. 1 . It shall be the duty of the Commissioner of Health to give to the Mayor and other city authorities all such professional advice and information as they may require, with a view to the preservation of the public health; to enquire into the health of the city, and whenever he shall hear of the existence of any malignant, contagious or pestilential disease, to investigate such report, and ascer- tain as correctly as possible, the causes which produced said disease, to adopt measures to arrest its progress, and to report in writing to the Mayor every circumstance likely to endanger the health of the city. ART. 14.] ASST. COMMISSIONER OF health— ORDINANCES. 797 City Code, (1879) Art. 23, Sec, 11. City Code, (1893) Art. 23, Sec. 20. 2. If any person shall knowingly obstruct or resist the Commissioner of Health, or any subordinate of his sub- department, or any person by him appointed, in the exe- cution of the powers to them given, or in the performance interfering: of the duties enjoined on them by laws or ordinances in missioner of relation to the public health, such person shall forfeit and subordinates, pay a sum not exceeding two hundred dollars ($200) . Medical Examiner. Ord. 30, March 8, 1890. City Code, (1893) Art. 23, Sec. 6. 3. The Medical Examiner shall, whenever called upon Medical ex- by the several coroners, or the Commissioner of Health, A^sStlnt^o make post-mortem examinations in any part of the city, SStem°ind and such further medico-legal inquiries as may furnish the aminations. evidence required in any case, and shall, in each case, make promptly a formal report in writing of such exami- nation and inquiry to the Commissioner of Health and to the State’s Attorney for the city. The Assistant Medical Examiner shall be present with the Medical Examiner at each post-mortem examination or other medico-legal in- quiry, and shall efficiently assist therein. In the absence of the Medical Examiner, the Assistant Medical Examiner shall discharge all the duties of the Medical Examiner. Young V. College, etc., 81 Md. 358. Assistant Commissioner of Health. City Code, (1879) Art. 23, Sec. 6. City Code, (1893) Art. 23, Sec. 15. 4. It shall be the duty of the Assistant Commissioner Duties of Assi- of Health, other than the one assigned to perform the S^ioneTof duties of Quarantine Hospital Physician, to attend at the Health Office every day, except Sunday, unless otherwise engaged upon the duties of his office, to discharge the duty of seeing that a faithful record is kept of all reports and other matters relating to the Health Department; and in case of sickness or absence of the Commissioner of Health, he shall perform all the duties herein assigned to the said Commissioner of Health. 798 HKAI^TH — ORDINANCES. [art. 14. City Code, (1879) Art. 23, Sec. 7. City Code, (1893) Art. 23, Sec. 16. of Quarantine 5. It shall be the duty of the Assistant Commissioner Physician. of Health who shall be assigned to the performance of the duties of Quarantine Hospital Physician, in addition to such other duties as are hereinafter required of him, to attend at the office of the Commissioner of Health when so requested by the Commissioner of Health, to inform the Commissioner of Health of anything demanding the attention of the Health Department and also to advise with the Commissioner of Health on all subjects particu- larly appertaining to the sanitary condition of the port. Badges. Ord. 64, June 15, 1900. Officers andfo 6. All officors and employes of the sub-department of wear a badge, the Commissioner of Health, when on duty, shall wear, and whenever called upon, display, a badge denoting the character of the office of said officer or employe. Ord. 64, June 15, 1900. 7. Said badge shall be of circular form with a red cross in the center with the title of the officer or employe at the head of the circle, and the words ‘‘B. C. Health Dep’C' at the bottom of the circle. Ord. 64, June 15, 1900. 8 . Any person who shall improperly or without author- ity use said badge shall, upon conviction of said offence before any Justice of the Peace for any of the station Penalty for housos of Baltimore city, or in the Criminal Court of said unauthorized ^ity^ bo liable to a fine of not less than five dollars ($5.00) or not more than twenty-five dollars ($25.00). City Code, (1879) Art. 23, Sec. 123. City Code, (1893) Art. 23, Sec. 130. Further duties 9. It shall also be the duty of the vaccine physician ttatSns^nd residing in the wards in which the several police stations saial?r are located, to attend to all police officers who may be ART. 14 .] CONTAGIOUS DISEASES — ORDINANCES. 799 wounded in the discharge of their duties, and to all cases which may require professional services at said station houses. CONTAGIOUS AND INFECTIOUS DISEASES. Ord. 9, September 29, 1905. 10 . The diseases which shall be treated in the Munici- Diseases to be pal Hospital for Infectious Diseases, to be erected under the provisions of Ordinance No. 127, approved May 2, 1901 iniectious and Ordinance No. 9, approved September 29, 1905, when same is erected, shall be diptheria, scarlet fever, measles and chicken pox.** Ord. 125, October 24, 1882. Ord. 22, May 20, 1890. City Code, (1893,) Art. 23, Sec. 164. Ord. 83, May 29, 1895. 11. Every physician shall report to the Commissioner physicians to of Health, in writing, upon blanks to be furnished by said commissioner, every person having small pox, cholera, yellow fever, malignant diptheria, measles, whooping cough, mumps, pseudo membraneous croup, scarlet fever, varioloid, or typhoid fever and his or her place of dwelling, and name, if -known; such report to be made within twenty-four hours after the first visit, if such report was not previously made by some other physician. Ord. 125, October 24, 1882. City Code, (1893) Art. 23, Sec. 166. 12 . The keepers of all hotels and boarding houses, and such diseases the agents and owners of all tenement houses, or private by hotel and residences or dwelling houses, having any person or per- keeSrs. sons in their hotels, boarding houses, tenement houses or private residences, or dwelling houses, suffering from or afflicted with any malignant, infectious or contagious '*'*Note. — The following is a list of ordinances heretofore passed, relating to the establishment of a hospital for the treatment of infectious and contagious diseases. — Ord. 74, April 14, 1893; Ord. 164, May 12, 1893; Res. 4, February 10, 1893; Ord. 141, January 11, 1899; 127, May 2, 1901. 800 HK AI.TH — ORDINANCES . [art. 14. Institutions to report. Masters of vessels to report. disease, as mentioned in section 11 of this Article, after they shall have become acquainted with the fact, or are apprised of the same, shall immediately notify the Com- missioner of Health, stating the name of the person or persons so afflicted, their age and residence or location, and such other facts or information as they may possess. Any such keeper, owner or clerk of any hotel, or boarding house, or any such agent or owner of any tenement house, private residence or dwelling house, who shall fail or neglect to notify, in writing, the Commissioner of Health, within twenty-four hours, of such case of malignant, contagious or infectious disease, after having become aware, apprised or informed of the same, shall be subject to the penalties hereinafter specified. Ord. 125, October 24, 1882. City Code, (1893) Art. 23, Sec. 167. 13. The Commissioners, managers, principals or other proper person or head officer of each and every public or private institution in the city, where persons lodge or abide temporarily or permanently, shall report, in writing the name, if known, and the condition and disease of any and every person being thereat, and sick of small pox, cholera or yellow fever, malignant diptheria, scarlet fever and varioloid. Ord. 125, October 24, 1882. City Code, (1893) Art. 23, Sec. 168. 14 . The master, chief officer or consignee, or any of them, of every vessel not being in quarantine or within quarantine limits, but being within one-fourth of a mile of any dock, wharf or building of the city, having on board any contagious disease, shall report to the Commissioner of Health, or cause to be reported, immediately, in writing, the particular location of said vessel and its name, and shall in said report state the name, disease and condition of any person being in or on such vessel, and sick of any contagious disease, as aforesaid. ART. 14.] CONTAGIOUS DISEASES— ORDINANCES. 801 Ord. 125, Oct. 24, 1882. City Code, (1893) Art. 23, Sec. 169. 15. No person shall bring to any dock, wharf or build- ^infe^cted°^ ing, or within one thousand feet thereof, in the city, or unload at any dock, building or pier therein, or have on storage in the city, any skins, fish, rags, bones, hides or similar articles or materials which have been brought from any infected place without, or otherwise, than according to a written permit so to do from the Commission of Health; and no person shall sell, exchange or in any way make any exposure of any straw, bedding, clothing or articles that have been exposed to any contagious disease, or are liable to communicate such disease, till after the same shall have been adequately cleansed or disinfected, and a written permit so to do obtained from the Commissioner of Health. Ord. 125, October 24, 1882. City Code, (1893) Art. 23, Sec. 170. 16 . No person shall, within the city, without a permit Removals of from the Commissioner of Health, carry or remove from one building to another, or from one vessel to the shore, any person sick of any contagious disease; nor shall any person, by any exposure of any individual sick of any con- tagious disease, or of the body of such person, or by any negligent act connected therewith, or in respect of the care or custody thereof, or by a needless exposure of himself, cause or contribute to, or promote the spread of disease from any such person or from any dead body. Ord. 125, October 24, 1882. City Code, (1893) Art. 23, Sec. 171. 17. All bodies of persons who shall have died of any of Burials, the contagious diseases mentioned in section 11 of this Article shall be buried within twenty-four hours after death, unless extension of time shall be granted by the Commis- sioner of Health; and no such body shall be exposed to the peril or perjudice of the life or health of any person. Ord. 125, October 24, 1882. City Code, (1893) Art. 23, Sec. 172. 18. Whenever a disease of a contagious and infectious character is discovered to exist in any dwelling house or 802 HEAI.TH — ORDINANCES . [art. 14. ^“iSd^mithod ® other building within the city, the Commissioner of Health, ?L^erof by and with the advice and consent of the Mayor, may, and co?tagious°’' expense of the city, compel the inhabitants of such character, dwclliug housc to rcmove therefrom, and may place them in such dwellings, buildings, or temporary structures as he may deem best until measures can be taken, under the direction and at the expense of the city, for the immediate cleansing, ventilation, purification and disinfection of such dwelling. Ord. 125, October 24, 1882. City Code. (1893) Art. 23, Sec. 173. Fencing in of 19 . The Commissioner of Health, with the approbation localities. of the Mayor, may cause all houses, districts or parts of districts where contagious and infectious diseases exist, as mentioned in section 11 of this Article to be fenced in and guarded by sentinels; and the Commissioner of Health may also, in such cases, with the approbation of the Mayor, furnish such subsistence and clothing as may be necessary during the time said district or part of district may be fenced in as above; the expense of the same to be borne by the city. Ord. 125, October 24, 1882. City Code, (1893) Art. 23, Sec. 174. Temporary 20. When a disease dangerous to the public health exists, and in order to prevent the spreading of the same, the Commissioner of Health, with the approval of the Mayor, shall have power to rent halls, dwelling houses and other suitable places, or to have erected such temporary structures for a hospital or place of reception for the sick and infected, as is judged best for their accommodation and the safety of the inhabitants, which shall be subject to such rules and regulations as the Commissioner of Health, with the approval of the Mayor, may prescribe; and the Com- missioner of Health may cause any sick and infected person to be removed thereto unless the condition of such person will not admit of his or her removal without danger to his or her health, in which case the house or place where he or she remains shall be considered as a hospital ; and all ART. 14 .] CONTAGIOUS DISEASES— ORDINANCES. 803 persons residing in, or in any way concerned within the same, shall be subject to such regulations as may be prescribed by the Commissioner of Health, with the approval of the Mayor. Ord. 125, October 24, 1882. City Code, (1893) Art. 23, Sec. 175. 21 . When such disease is found to exist, the Com- spread of disease to be missioner of Health shall use all possible care to prevent prevented, the spreading of the infection, and to give public notice of infected places by displaying a yellow flag, or by any other device, on the premises where said infectious disease exists, which, in his judgment, shall be most effectual for the common safety ; and whoever obstructs the Commis- sioner of Health or his agents in using such means to prevent the spreading of the infection, or wilfully removes, obliterates, defaces or handles the yellow flags or other signals so displayed, shall be subject to such fines and penalties as prescribed in section 29 of this Article. Ord. 125, October 24, 1882. City Code, (1893) Art. 23, Sec. 176. 22 . Whenever the Commissioner of Health may have seizure of just cause to suspect that any baggage, clothing, bedding or artSSl goods of any character, found in the city, are infected with any contagious or infectious diseases, which may be dangerous to the public health, he shall proceed to the nearest magistrate, and obtain a warrant, and have said goods removed to such places as he may deem best, or otherwise detained until, in the opinion of the Commis- sioner of Health, they are freed from infection. Ord. 125, October 24, 1882. City Code, (1893) Art. 23, Sec. 177. 23 . Parents and guardians shall cause their children vaccination of and wards to be vaccinated before they attain the age of one year, and re- vaccinated whenever the Commissioner of Health shall, after five years from the last vaccination, reauire it. 804 HBAI^TH — ORDINANCES . [art. 14. Vaccination adults. Use and dis- infection of public vehicles. Hiring of vehicles to carry dead bodies. Di.sinfecting premi.ses. Ord. 125, October 24, 1882. City Code, (1893) Art. 23, Sec. 178. 24. The Commissioner of Health shall require and enforce the vaccination of all persons residing in the city and not before vaccinated and the re-vaccination of any person in the infected district, whenever, in his opinion, the same may be necessary. Ord. 125, October 24, 1882. City Code, (1893) Art. 23, Sec. 179. 25. It shall not be lawful for any person or persons to convey any body suffering from small pox, scarlet fever, diphtheria, or other contagious diseases, to or from any point in the city of Baltimore, nor any known to have died from small pox, or other contagious diseases, in any hackney coach, buggy, cab or gig, which is for public hire, under penalty of having it or them taken by the Commis- sioner of Health, disinfected, fumigated, and quarantined for thirty days, unless it or they are used for that purpose only, and then the Commissioner of Health must be satis- fied that such is the case. Ord. 125, October 24, 1882. City Code, (1893) Art. 23, Sec. 180. 26. It shall not be lawful for any person or persons having hackney coaches, buggies, cabs or gigs for hire, to hire or cause to permit the same to be hired or loaned, or in any manner to be used, by any person or persons for the pur- pose of conveying a dead body, known or supposed to have died from small pox, scarlet fever, diphtheria, or any other infectious diseases, to or from any dwelling or public build- ing, to any cemetery or other point within or through the city, unless they conform to the restriction in the next preceding section of this Article. Ord. 125, October 24, 1882. City Code, (1893) Art. 23, Sec. 181. 27. In every case where there has been small pox, diphtheria, scarlet fever or other contagious diseases, and the sick person has either died or been removed from the premises where the disease existed, and the occupant or occupants have vacated the property without causing a ART. 14 .] VACCINATIONS — O RDINANCKS . 805 thorough and complete fumigation and disinfection of said property, then it shall be the duty of the owner or owners of said property to have said premises properly fumigated and disinfected before permitting any person or persons to visit the property for the purpose of becoming tenant or tenants, owner or owners of said premises. Ord. 125, October 24, 1882. City Code, (1893) Art. 23, Sec. 182. 28 . The Commissioner of Health, whenever in his Extra vaccine physicians. judgment he may deem it expedient to properly vaccinate the citizens of Baltimore, may, with the advice and consent of the Mayor, appoint extra vaccine physicians to fully carry into effect the provisions of this section. Ord. 125, pctober 24, 1882. City Code, (1893) Art. 23, Sec. 183. 29 . Any person who violates, disobeys, omits, neglects Penalties, or refuses to comply with, or who resists any of the pro- visions of sections 11 to 28, inclusive, of this Article shall be fined not less than one dollar nor more than two hundred dollars for each offence ; except that the fine for the refusal to vaccinate shall not exceed ten dollars. City Code, (1879) Art. 23, Sec. 127. City Code, (1893) Art. 23, Sec. 134. 30 . It shall be the duty of the physicians of such dis- physicians of pensaries as receive donations from the Mayor and City Council of Baltimore to preserve at all times a full supply of vaccine virus ; and satisfactory evidence of a compliance with the terms of this section to be filed with the .Comp- troller, shall be necessary to entitle said dispensaries to the appropriations made for their use. In all cases where the trial of vaccinations fails, it shall be the duty of the vaccine physicians to repeat the operation until they are satisfied that the subject will not receive the vaccine infection. City Code, (1879) Art, 23, Sec. 128. City Code, (1893) Art. 23, Sec. 135. 31 . No person shall communicate the infection of small mocuiation. pox by inoculation within the city of Baltimore, under a penalty of twenty dollars for each and every such offence. 806 health — ORDINANCES . [art. 14. Ord. 75, May 12, 1896. name, ad- 32. The Commissioner of Health is directed to here- and sex of after register the name, address, sex and age of every person suffering from pulmonary tuberculosis, so far as tuberculosis- such information can be obtained, and hereafter all physi- cians shall be requested to forward such information on cards ordinarily employed for the report of cases of con- tagious diseases, this information to be solely for the use of the Commissioner of Health ; and in no case shall the which Com- Commissioner of Health assume any sanitary surveillance Heauh”lhan of such patlents unless said patients reside in tenement cases of houses, boarding houses, or hotels, or unless the attending tuberculosis. physician requests that an inspection of the premises be made ; and in no case where the patient resides in a tene- ment house, boarding house or hotel, shall any inspection be made if the visiting physician requests that no visits be made by inspectors and is willing himself to deliver circulars of information as is designed to prevent the communication of the disease to others. cows, cow STABLES AND DAIRIES. Keeping Cows.— Registration and Permits. Ord. 56, May 13, 1902, Sec. 1. Area of ground 33. It shall not be lawful for any person, persons or Sh cot.^""^ corporation to keep or possess within the corporate limits of Baltimore city any cow or cows, either for the conduct of the dairy business or for his or her personal use, unless and except such cow or cows shall be stabled on, or located and kept in and upon ground of not less than one quarter acre in area, all of said area not occupied by the stable to be accessible to said cows and set apart for them for exercise and fresh air ; and upon the further express con- dition precedent, that a permit shall have first been Permit to be obtained from the Commissioner of Health permitting such from Com- COW or COWS to be located within the corporate limits of SSth”^^ ° the city of Baltimore as by this sub-division of this Article prescribed; which permit must designate upon its face specifically the location for the keeping of such cow or ART. 14 .] COW STABLES AND DAIRIES — ORDINANCES. 807 COWS. The violation of any of the regulations and restric- tions of this section shall subject the person, persons or corporation so violating to a fine of not more than twenty dollars ($20) or less than five dollars ($5) and a further fine of one dollar ($1) for each day that the Penalty, violation is continued after notice is given to discontinue. See State v. Broadbelt, 89 Md. 565. Ord. 56, May 13, 1902, Sec. 2. 34 . It shall be unlawful for any person, persons orNu^erof^ corporation to keep more than eight cows on each such on acre, area of one-quarter acre of ground ; any person, persons or corporation violating this section shall be subject to a pen- alty of not more than twenty dollars ($20) or less than five dollars ($5) and one dollar ($1) per day additional for Penalty, each day that the offence is continued after notice is given to discontinue said violation, and such permits to be revocable by the Commissioner of Health whenever said cow stables are not kept in good hygienic and sanitary condition. Ord. 56, May 13, 1902, Sec. 3. 35 . Whenever under the two next preceding sections Pasturage to of this Article cows may be kept, pasturage must be pro- vided for them. Any person, persons or corporation violating this section shall be subject to a penalty of not more than twenty dollars ($20) or less than five dollars p^^aity. ($5) and one dollar ($1) per day additional for each day that the offence is continued after notice is given to dis- continue said violation. Ord. 56, May 13, 1902, Sec. 4. 36 . The owners of cows that may be kept within the city limits under the provisions of the three next preceding commissioner sections of this Article, shall register with the Commissioner to keep^^ of Health the place where said cows are kept, and the stfbiS!: Commissioner of Health shall keep a complete register thereof. Failure on the part of the owners or possessors 808 HEALTH — ORDINANCES . [art. 14. Penalty. Certain permits to be given annually for keeping four cows or less. Sanitary reg- ulations for stables. Regulating sales and exchange stables. Existing regulations are not repealed. to register the place of their keeping shall subject such persons to a penalty of not more than twenty dollars ($20) nor less than five dollars ($5) . Ord. 56, May 13, 1902, Sec. 6. 37 . The Commissioner of Health shall, however, issue an- nual permits to persons desiring to keep not more than four cows on unimproved lots of less than one-fourth acre, but not less than one-eighth acre in area, providing said stable or stables have fioors of cement or other non-absorbent material, and have windows on at least two sides giving three square feet of window space for each animal, and, stables to have air space in that part occupied by the animals of one and a-half cubic foot for every pound live weight of the animals kept therein ; and provided further, that said stables have all other necessary equipment and appliances for securing absolutely perfect sanitary and hygienic condition. Ord. 56, May 13, 1902, Sec. 7. 38 . That part of section 33 of this Article regulating the size of the lot on which cows may be kept within the corporate limits of the city of Baltimore, shall not apply to stables in which cows are temporarily kept for sale or exchange only, provided said stables have fioors of cement or other non-absorbent material, and have windows on at least two sides giving three square feet of window space for each animal, and stables to have air space in that part occupied by the animals of one and a-half cubic feet for every pound live weight of the animals kept therein ; and provided further, that said stables have all other necessary equipment and appliances for securing absolutely perfect sanitary and hygienic conditions. Ord. 56, May 13, 1902, Sec. 8. 39 . Nothing in sections 33 to 38 inclusive, of this Article shall be construed as repealing any ordinances or provisions of any section of this Article, or regulations of ART. 14.] COW STABTKS AND DAIRIES — ORDINANCES. 809 the Commissioner of Health now existing, for compelling perfect hygienic and sanitary conditions of all cow stables within the corporate limits of the city of Baltimore. Cow Stables and Dairies — Sanitary Regulations. Ord. 65, April 21, 1896, Sec. 1. 40 . No building shall be used for stabling cows for Requirements dairy purposes, which is not lighted, ventilated, drained tfoVo? * and constructed according to the provisions of section 37 of this Article. Ord. 65, April 21, 1896, Sec. 2. 41 . No building shall be used for stabling cows dairy purposes which is not provided with a suitable floor, of cement or other non-absorbent materials laid with public sewer, grades and channels to carry off all drainage ; if a public sewer abuts the premises upon which such building is situated, they shall be connected therewith. Ord. 66, April 21, 1896, Sec. 3. 42 . No building shall be used for stabling cows for Regulating dairy purposes which is not provided with good and sufli- troughs or cient feeding troughs or boxes, and with a covered, water-tight receptacle outside of the building for the reception of dung or other refuse. Ord. 65, April 21, 1896, Sec. 4. 43 . No water closet, privy, cess-pool, urinal, inhabited ^ci^eh^privy, room or workshop shall be located within any building or eS.^, ’ shed used for stabling cows for dairy purposes, or for the storage of milk or cream; nor shall any fowl, hog or horse, ho?^,’shee’p sheep or goat be kept in any room used for such purposes, ke^fn building. • Ord. 65, April 21. 1896, Sec. 5. 44 . The space in buildings or sheds for stabling cows Dimensions of for dairy purposes shall conform to the requirements of stabs’.^" section 37 of this Article; provided that no stall shall be less than four feet in width. 810 health — ORDINANCES. [art. 14. Ord. 65, April 21, 1896, Sec. 6. ises clean and 45 . It shall be the duty of each person using any m good re- keeping cows for dairy purposes to keep such premises thoroughly clean and in good repair, and well painted or whitewashed at all times. Ord. 65, April 21, 1896, Sec. 7. 46 . It shall be the duty of each person using any premises for keeping cows for dairy purposes to cause the Buildings to be buildiug iu which cows are kept to be thoroughly cleaned, cleaned. and to remove all dung from the premises so as to prevent its accumulation in great quantities. Ord. 65, April 21, 1896, Sec. 8. Cows to be 47 . Every person keeping cows for the production of Cleaned every for Sale shall cause every such cow to be cleaned every day and to be properly fed and watered. Ord. 65, April 21, 1896, Sec. 9. Recep tables for 48 . Every person using any premises for keeping cows ing water to shall cause the yard used in connection therewith to be be provided. a proper receptable for drinking water for such cows; none but fresh clean water to be used in such receptacles. Ord. 65. April 21, 1896, Sec. 10. Premises to be 49 . Any enclosure in which cows are kept shall be drained. graded and drained so as to keep the surface reasonably dry and to prevent the accumulation of water therein, except as may be permitted for the purpose of supplying No garbage to drinking water. No garbage, urine, fecal matter, or other in enclosure similar substances, shall be placed or allowed to remain in draii? to°?un such enclosure, and no open drain shall be allowed to run through it. through it. Ord. 65. April 21, 1896, Sec. 11. 50 . Any person using any premises for keeping cows for dairy purposes shall provide and use a sufficient number ART. 14.] MILK— INFECTION OF ORDINANCES. 811 of receptacles, made of non-absorbent materials, for the reception, storage and delivery of milk, and shall cause them at all times to be cleaned and purified, and shall cause all milk to be removed without delay from the room in which cows are kept. non- absorbent materials to be used for the recep- tion, storage and delivery of milk. Contagious and Infectious Diseases. Ord. 65, April 21, 1896, Sec. 12. 51. It shall be the duty of any person having charge or Commissioner control of any premises upon which cows are kept to notify be notified of the Commissioner of Health in writing of the existence of of any con- any contagious or infectious disease among such cows inS^doSs immediately upon the discovery thereof, and to thoroughly isolate any cow or cows affected, or which may reasonably be believed to be infected, and to exercise such other precautions as may be directed by the Commissioner of Health. Ord. 65, April 21, 1896, Sec. 13. 52. It shall be the duty of any person owning or having to submit control of cows used for the production of milk for sale or tuberculin exchange to submit said cows to the tuberculin test for tuberculosis. Ord. 65, April 21, 1896, Sec. 14. 53. It shall be the duty of any person having charge or Relating to the control of any premises upon which milk or cream is pro- con tagious or duced, handled, stored or distributed to notify the Com- diseases upon missioner of Health immediately upon the discovery of any where milk cas« of Asiatic cholera, croup, diphtheria, measles, scarlet fever, small-pox, typhoid fever, typhus fever, or any other contagious or infectious disease upon such premises. No milk or cream shall be sold, exchanged, given away, or in any other manner distributed from such infected premises until all danger of spread of disease has been removed, and the Commissioner of Health certifies to that effect. No person who attends cows or milks them, or who has the 812 HEAI^TH — ORDINANCES. [art. 14. Hands and persons of milkers to be clean. Penalty. Adulteration of milk. care or handling of vessels for the sale, storage or distribu- tion of milk or cream, shall enter any place or premises wherein exists any of the diseases mentioned herein, nor shall any such person have any communication, direct or indirect, with any person who resides in or is an occupant of such infected place. Ord. 65, April 21, 1896, Sec. 15. 54 . Strict cleanliness of the hands and persons of milkers and those engaged in the handling of milk and cream, and of the bodies of the cows, especially of the udders and teats, must be enforced at all times, to the end that no impurity or foreign substance may be added to the milk or cream. Ord. 65, April 21, 1896, Sec. 16. 55 . Any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists any of the provisions of sections 40 to 54, inclusive, of this Article shall be fined not less than ten dollars ($10) nor more than twenty-five dollars ($25) for each offence. FOOD, FOOD PRODUCTS AND MILK. Adulterating Milk, City Code, (1879) Art. 23, Sec. 48. City Code, (1893) Art. 23, Sec. 70. 56 . It shall not be lawful for any person or persons to adulterate milk offered for sale or sold within the limits of the city of Baltimore, by mixing therewith water, or any drug or other articles whatsoever, under a penalty of not less than twenty dollars for each and every offence ; and any person or persons who shall sell or offer for sale any milk of a diseased cow, within the limits of the city, shall pay a fine of twenty dollars for each and every offence. Deems v. Mayor & C. C. of Balto., 80 Md. 164. State v. Broadbelt, 89 Md. 565. ART. 14.] FOOD AND MIDK — ORDINANCES. 813 Sales and Inspections. Ord. 62, March 19, 1904, Sec. 1. Ord. 87, May 16, 1894, Sec. 1. 57 . It shall not be lawful for any person or persons toReiatmgto sell, offer for sale, expose for sale, barter, deliver or bring to another, or have on his, her or their premises, store, stall, stand or vehicle, or in or upon the premises of any other person or persons whatsoever, from or in which milk or any other food products, or any tainted, unsound, rotten or partly decomposed fish, fruit or vegetables or meat, or any food product that is kept fresh by salicylic or boracic acid or any other preservative. Ord. 62, March 19, 1904, Sec. 2. 58 . It shall not be lawful for any person or persons to unlawful to secrete or remove, or assist in secreting or removing, any ofremove impure or unsound food products as above specified, after after con- ^ the same shall have been condemned as unsound by or by the authority of the Commissioner of Health, or in any way to impede or hinder the action of the subordinates of his sub-department in confiscating and destroying the aforesaid impure food products so condemned as such; but nothing herein contained shall be taken as imposing, upon the said Commissioner of Health or any subordinate of his sub-department, the duty or expense of removing the aforesaid impure food products so condemned as such. Ord. 87, May 16, 1894, Sec. 2. 59 . Only pure, unadulterated, unsophisticated and of wholesome milk shall be sold or offered for sale in Baltimore city, and such article shall be understood to be the natural product of healthy cows, and which has not been deprived of any part of its cream, and to which no additional liquid or solid or preservative has been added, and which, at a temperature of sixty degrees Fahrenheit, shall have a specific gravity of not less than 1.029, not less than twelve (12) per cent, of total solids, and not less than three (3) per cent, of butter fats. All milk sold, received, kept, 814 HKALTH — ORDINANCES . [art. 14. Sale of skim- milk, butter milk not prevented. C. of H. to inspect and obtain samples of foods. To make rules and regulations. Competent chemist and inspectors of food to be appointed. offered for sale, or delivered in the city of Baltimore, shall not in any particular be under the standard herein prescribed without being considered impure, adulterated, sophisticated, or unwholesome. Nothing in this sub-divi- sion of this Article shall be construed to prevent the sale of skim-milk or buttermilk, provided they be sold as such, and that the purchaser be in every instance notified of their true character. Ord. 87, May 16, 1894. 60. It shall be the duty of the Commissioner of Health to carry out the provisions of this sub-division of this Article, and to make or cause to be made inspections of milk, meats, vegetables, fruits and fish, wherever such articles are sold, kept or offered for sale in the city of Baltimore, and to obtain samples of milk and all other food products whose qualities are to be determined by chemical or microscopical examination. It shall also be the duty of the Commissioner of Health to make such rules and regulations as may be required under this sub-division of this Article for the better protection of the health of the city. Ord. 87, May 16, 1894. 61. In order to provide for the additional duties imposed by the two next preceding sections of this Article upon the Commissioner of Health, there shall be appointed, pursuant to authority conferred by the City Charter, a competent analytical chemist and three inspectors of food, who shall be under the direction of the Commissioner of Health, and who must be bona fide residents and registered voters of Baltimore city ; the chemist shall be a practical analyst and skilled in the chemical and microscopic exam- ination of milk and other food products ; he shall not be a member of or interested in any trust, corporation or company dealing in food products ; he shall make such chemical and microscopical examinations as will be required under the provisions of this sub-division of this ART. 14.] FOOD sates AND INSPECTIONS — ORDINANCES. 815 Article and shall report the result of all such examinations to the Commissioner of Health ; he shall be present at the hearing and trials of all cases wherein he shall have made an examination. The specific duties of each food inspector shall be determined by the Commissioner of Health. The salary of each food inspector shall be one thousand dollars Salary, per annum. Ord. 87, May 16, 1894. 62. The term food product as used in the five next Defining terms preceding sections of this Article, shall be construed to p?LeSng mean any natural or artificial product, that with or without admixture, preparation or cooking, is intended to be taken into the human stomach by way of food and not as a medicine ; provided that alcoholic or fermented drinks proviso, shall not be classed as food products ; also, that the term adulteration shall be construed to mean any artificial addition to normal constituents ; and the term sophistica- tion shall be construed to mean the substitution of one product for another, or any abstraction of or artificial change in the normal constituents, provided that goods canned according to the rules of the Canned Goods Exchange of Baltimore shall not be considered sophisti- cated ; and the term unwholesome shall be construed to mean deleterious to health, or liable to introduce, cause or increase sickness, or impairment or derangement of the functions of the human body by the temporary or continu- ous use of the unwholesome product ; and the term impure shall be construed to mean natural change or decomposition of normal constituents, or absorption of or commingling with deleterious gases, liquids or solids ; provided, that in a warrant, indictment, or legal paper or proceeding, the indictments term impure as applied to a food product shall be a good sub-d^ivSion. and sufficient description of the term adulterated, sophisticated, unwholesome, unsound, tainted, rotten, partly decomposed or impure, as used in this Article or of two or more of these terms. 816 health — ORDINANCES . [art. 14. Ord. 87, May 16, 1894, Sec. 6, Ord. 130, July 9, 1894. Ord. 62, March 19, 1904. Penalty for violating pro- visions of five preceding sections. 63. Any person or persons who violate, disobey, neglect or refuse to comply with any of the provisions of the six next preceding sections of this Article- shall be subject to a penalty of not less than twenty dollars ($20) nor more than one hundred dollars ($100) for each offence.. Peddling Oysters. City Code, (1879) Art. 23, Sec. 42. City Code, (1893) Art. 23, Sec. 59. ^oyste?ffrom shall not be lawful for any person or persons to seXmber pcddlo oystors through any of the streets, lanes or alleys, of the city of Baltimore, from the first day of June to the fifteenth day of September, in each and every year, and for any violation of the provisions of this section, the person or persons so offending shall forfeit and pay a penalty of twenty dollars. MANUFACTORIES INJURIOUS AND DANGEROUS TO HEALTH. City Code, (1879) Art. 23, Sec. 54. City Code, (1893) Art. 23, Sec. 75. "Chemical or 65. It shall not be lawful for any person or persons to preparation manutacturo, grind or prepare any chemical or mechanical or roofing. roofing or other purposes within the limits of the city of Baltimore, whereby a nuisance is created, or likely to be created, injurious to the health of any person or persons residing in such neighborhood where such articles shall be manufactured, ground or prepared ; and it . shall be the duty of the Commissioner of Health, whenever complaint shall be made to him of the existence of any such nuisance, to examine into the same, and if a nuisance really exists, injurious to the health of the neighborhood, or whenever he shall be aware of the same, to give notice to the person or persons offending against the provisions of this section, to abate said nuisance within twelve hours after said notice shall be received ; and any person or persons who shall violate the provisions of this section. ART. 14.] MANUFAC TORIES INJURIOUS TO HEALTH — ORDINANCES. 817 shall pay a fine of twenty dollars and a further fine of ten dollars for each day they shall continue to violate the same, after he or they shall receive the aforesaid notice ; pro- vided, that nothing herein contained shall be deemed, taken or construed so as to prevent the heating of any chemicals used in roofing, at the time and place said chemicals are to be used as aforesaid. City Code, (1879) Art. 23, Sec. 55. City Code, (1893) Art. 23, Sec. 76. 66. It shall not be lawful for any person or persons to composition erect, establish, rebuild, or continue in use, any composition roofing manufactory of any kind whatever within the limits of the city, without first obtaining the sanction of the Mayor and City Council of Baltimore ; and ten days’ notice immediately preceding the application to the Mayor and City Council of Baltimore, shall be given by at least four insertions in two or more of the daily papers of the city, setting forth the purpose of said application, the street, lane, alley or court and square of ground on which the establishment is to be put up ; and every person or persons violating this section shall be subject to the penalty of twenty dollars, and ten dollars for each and every day the same shall remain thereafter. City Code, (1879) Art. 23, Sec. 56. City Code, (1893) Art. 23, Sec. 77. 67. It shall not be lawful for any person or persons tocopai, varnish erect, establish or rebuild any distillery for the manufacture of copal varnish, nor any factory for the boiling or grind- ing of bones within the city limits, without having first obtained the consent of the Mayor and City Council of Baltimore. City Code, (1879) Art. 23, Sec. 57. City Code, (1893) Art. 23, Sec. 78. 68. For a violation of any of the provisions of the next p^^aity preceding section, the party or parties so offending shall forfeit and pay a fine of twenty dollars for each and every offence ; and twenty dollars a day for every day it may remain in operation after the first offence. 818 HEALTH — ORDINANCES . [art. 14 . City Code, (1879) Art. 23, Sec. 58. City Code, (1893) Art. 23, Sec. 79. lS?tmefy, No person or persons shall erect, establish or re- o??toSwJrl build any distillery of spirits of turpentine or varnish, or any manufactory of earthenware or of stoneware or carry on in any building, erection or place, which shall not have been already legally used for such distillation or business, and for no other purpose at any intervening time, the dis- tilling of any spirits of turpentine or varnish, or the business of manufacturing earthenware, or stoneware, within the limits of the city, under the penalty of two hundred dollars, and the further sum of five dollars for each and every day of the continuance of such distillery or manufactory, or of the so carrying on of such distillery or business. Glenn v. Mayor, 5 G. & J. 424. City Code, (1879) Art. 23, Sec. 59. City Code, (1893) Art. 23, Sec. 80. Soap and 70. It shall not be lawful to erect or use any house or building as a soap or candle manufactory within the limits of the city, without the consent of the Mayor and City Council of Baltimore, under the penalty of two hundred dollars, and the further sum of fifty dollars for each and every month thereafter, until the same be removed out of said limits or pulled down. City Code, (1879) Art. 23, Sec. 60. City Code, (1893) Art. 23, Sec. 81. Notice of appli- 71. All applications for permission to erect soap or permu. candlc manufactories, within the corporate limits, shall be published three times a week, in two or more daily papers in the city, two weeks previous to making such application; all expenses of such publication to be paid by the party or parties making such application. City Code, (1879) Art. 23, Sec. 61. City Code, (1893) Art. 23, Sec. 82. ^chfSoai^ 72. No person or persons shall erect, establish or re- build within the city limits, any mill that is used for the purpose of pulverizing charcoal, without first obtaining ART. 14.] MANUFACTORIES INJURIOUS TO HEARTH ORDINANCES. 819 the permission of the Mayor and City Council of Balti- more, under a penalty of twenty dollars for each and €very week it shall so remain. City Code, (1879) Art. 23, Sec. 62. City Code, (1893) Art. 23, Sec. 83. 73. It shall not be lawful for any person or persons, or Red or yellow any corporation, to erect or establish any manufactory of red or yellow ochre, or any other kinds of earth of which red or yellow paint is made, within the limits of the city, unless by unanimous consent in writing of the persons holding property within two hundred yards thereof, under the penalty of one hundred dollars, and a further sum of twenty dollars for each and every day, thereafter, until the said manufactory be removed. City Code, (1879) Art. 23, Sec. 63. City Code, (1893) Art. 23, Sec. 84. 74. It shall not be lawful for any person or persons or certain pro- corporation to manufacture or prepare, except in chemical ufacture™^’ laboratories already established, the following articles, or any of them, to wit : oil of vitriol or sulphuric acid, nitric acid or aqua fortis, muriatic acid, crude ammonia, ivory black, alum, chloride of lime or bleaching salts, pigments of lead, or any other manufacture or preparation, in the process of which it is necessary to burn horns, blood, bones or other animal substances within the limits of the city, unless the consent in writing of all the holders of property within six hundred feet of such manufactory be first had and obtained under a penalty of twenty dollars for every day during which such manufacture or preparation shall continue. City Code, (1879) Art. 23, vSec. 64. City Code, (1893) Art. 23, Sec. 85. 75. It shall not be lawful for any person or persons to couon wad- erect or establish, within the city limits, any manufactory for ani^blts.® the manufacturing of cotton wadding, cotton laps or bats, and any person or persons violating this section shall be subject to a penalty of ten dollars, and a further sum of five dollars for each and every day such violation shall continue. 820 HEAI.TH — ORDINANCES . [art. 14. Moulding cla burning bri( or tile. Prohibited works and factories. Stockyards. Penalty. What bodies shall be de- posited therein . City Code, (1879) Art. 23, Sec. 65. City Code, (1893) Art. 23, Sec. 86. 7 6. It shall not be lawful for any person or persons to prepare or mould any clay or any other substance, for or to make or burn any brick or tile, or any similar manufac- ture within the limits of the city without first obtaining- the permission of the Mayor and City Council of Baltimore, and giving ten days’ notice of his or their intended appli- cation for such permission, by at least four insertions in two or more of the daily newspapers of the city, specifying the lot of ground or premises on which said clay or other substance is to be prepared or moulded, or such brick is to be made or burned ; and every offender against the pro- visions of this section shall forfeit and pay the sum of one hundred dollars for the first offence and the further sum of twenty dollars for each and every day thereafter, during the continuance of such preparing or moulding, making or burning. Ord. 183, May 25, 1893. City Code, (1893) Art. 23, Sec, 86 A. 77. No person or persons shall hereafter erect or establish within the city limits, any poudrette works, glue factories or establishment for the purpose of rendering grease or dead animals, or animal offal, or stockyards for receiving, feeding and offering for sale livestock, under a penalty of five hundred dollars, and the further sum of one hundred dollars for each and every day said person or persons neglect or refuse to comply with the requirements of this section. MORGUE. Ord. 156, July 9, 1890. City Code, (1893) Art. 23, Sec. 199. 78. The morgue shall be used for the reception and preservation for identification of the bodies of unknown persons dying within the limits of the city of Baltimore, and such other bodies as may be directed to be placed therein by the coroners of Baltimore city, except bodies which may be so far decomposed as to be beyond the probability of recognition, and the bodies of those who may have died of contagious diseases. ART. 14.] MORGUE— ORDINANCES. 821 Ord. 156, July 9, 1890. City Code, (1893) Art. 23, Sec. 200. 79. All bodies not identified and claimed shall remain how long to remain. in the morgue or dead-house for at least one day, or for such a length of time as the Commissioner of Health may deem proper and necessary. Ord. 156, July 9, 1890. City Code, (1893) Art. 23, Sec. 201. 80 . A room shall be provided in the morgue for the preservation of /.111 1 /TT. /. I* clothing and preservation of the clothing and effects for purposes of effect of de- identification of all deceased persons buried therefrom, which clothing and effects shall be carefully numbered and retained for twelve months, after which time it shall be disposed of by the coroners, according to the requirements of section 297, Article IV, of the Code of Public Local Laws. Ord. 2, February 5, 1891. City Code, (1893) Art. 23, Sec. 202. 81 . The Commissioner of Health shall appoint a superintend- superintendent of the morgue who shall be a practical morgue, undertaker. Ord. 2, February 5, 1891. City Code, (1893) Art. 23, Sec. 203. 82 . The superintendent of the morgue, so appointed. His bond, shall before entering upon the duties of his office as here- inafter prescribed, give a good and sufficient bond, with sureties to be approved by the Mayor, in the penal sum of one thousand dollars ($1,000) to the Mayor and City Council of Baltimore, for the faithful performance of said duties. Ord. 2, February 5, 1891. City Code, (1893) Art. 23, Secs. 205, 206. 83 . The Commissioner of Health shall have general Rules and charge of the morgue and is directed and empowered to of^he^ make all rules and regulations necessary for the proper government and conduct of the morgue, and for the care and delivery of the bodies and effects of deceased persons received therein, and it shall be the duty of the superin- supenntend- tendent of the morgue to observe and enforce such rules and regulations. 822 HK AI^TH — ORDINANCES . [art. 14. Commissioner of Health to inspect all lots, grounds etc. To have nuis- ances abated. Misdemeanor and penalty. NUISANCES AND PREVENTION OF DISEASE. Abatement of Nuisances. City Code, (1879) Art. 23, Secs. 14, 15. City Code, (1893) Art. 23, Secs. 23, 24. Ord. 57, March 17, 1904. 84 . It shall be the duty of the Commissioner of Health .to carefully inspect all lots, grounds, suspected cellars, premises, possessions, streets, lanes and alleys within the city of Baltimore; and whenever he shall be of opinion that any of said lots, grounds, suspected cellars, premises, possessions, streets, lanes and alleys within the city are in a state of nuisance, or in such a condition that in warm or unhealthy seasons a nuisance may be thereby created and the health of the citizens endangered, it shall be his duty, and he is directed, to notify the owner or owners, occupier or occupiers, of the property fronting on such streets, lanes and alleys, or his, her or their agents, to have said nuisance, or cause of said nuisance removed and abated within the time and in the manner prescribed in said notice; and if the said owner or owners, occupier or occupiers, his, her or their agents, shall neglect or refuse to comply with the terms of said notice, the Commissioner of Health, upon the expiration of the time set out in the notice, is hereby directed and empowered to remove the said nuisance, or cause of said nuisance, at the expense of said owner or owners, occupier or occupiers; and the cost of removing said nuisance, or cause of said nuisance, may be recovered by the Commissioner of Health in the name of the Mayor and City Council of Baltimore from the said owner or owners, occupier or occupiers, by suit if neces- sary; and, in addition thereto, the said owner or owners, occupier or occupiers, who shall neglect and refuse to comply with the terms and conditions of said notice, shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine of not less than ten dollars, ($10) nor more than one hundred dollars ($100). Mayor, etc., v. Hughes, 1 G. & J. 480. King v. Hamill, 97 Md. 103. ART. 14] REMOVAL OF NUISANCES— ORDINANCES. 823 City Code, (1879) Art. 23, Sec. 16. City Code, (1893) Art. 23, Sec. 25. 85 . In case no agent, occupier or owner can be found on whom to serve the notice prescribed in the next preced- ing section, the Commissioner of Health is hereby author- ized after giving five days^ public notice in one or more of the daily newspapers published in the city, to have any nuisance or cause of nuisance removed at the expense of the city in the first instance, and the City Register shall keep an account of the expenses incurred, to be recovered from the owner when ascertained and found. Removal of Nuisances."^ City Code, (1879) Art. 23, Sec. 20. City Code, (1893) Art. 23, Sec. 36. 86. Whenever the Commissoner of Health, in pi’oceed-^?^ry.°«ad-^ ing to remove nuisances, shall discover that the nuisance complained of originates on an adjoining lot or lots, it shall be his duty to enter thereon, and the owner or owners, occupier or occupiers of such lots or his, her or their agents, on neglect or refusal to remove such cause of nuisance after notice from said commissioner, shall forfeit and pay for every such neglect or refusal the sum of twenty dollars. City Code, (1879) Art. 23, Sec. 21. City Code. (1893) Art. 23, Sec. 37. 87 . If there be no owner, occupier, or agent of owner. Notice -what of any lot or premises upon whom such notice can be cfenJnotkf!" served, notice shall be deemed in all respects sufficient, if exposed in some open way upon the lot or premises to which it refers. City Code, (1879) Art. 23, Sec. 22. City Code, (1893) Art. 23, Sec. 38. 88. It shall be the duty of the Commissioner of Health to carry into effect the provisions of sections 84 to 87, inclusive, of this Article, and in all cases embraced within *Note: As to what constitutes a nuisance, see , — King v. Hamill, 97 Md. 103. See also, digest of cases under section 6, City Charter, sub-title. General Powers, sub-division “HEALTH”, ante, pp. 53-57, inclusive. 824 HKAI.TH — ORDINANCES . [art. 14. Notice to non- resident owners. Charges for re- moving nuis- ances, cost of removing nuisances to be lien on property. Collection thereof. Expenses of removing nuisances; when prop- erty may be sold to pay same. the operation of said sections, when there is no occupier of the property, and the owner or agent thereof does not reside in the city of Baltimore, to give notice in one or more of the newspapers published in the city of Baltimore, for such time as they may consider reasonable, requiring such owner or agent to remove the nuisance to be mentioned in said notice, by some day therein fixed, and upon failure to comply with such notice, the said nuisance shall be removed under the direction of the said Commissioner of Health. City Code, (1879) Art. 23, Sec. 23. City Code, (1893) Art. 23, Sec. 39. 89 . After the Commissioner of Health has completed the removal of nuisances in the way contemplated by the provisions of this sub-division of this Article and the amount of penalty incurred, or the amount of expenses, including the cost of advertising, to which the corporation has been put by said removal shall be unpaid, the said expenses and penalty shall forthwith become a lien upon the entire lot or premises from which the nuisance may have been removed; and when judgment in due course of time shall have been obtained for said amount, or any one of them, against the owner or owners of the premises, the property shall be sold under due legal process. City Code, (1879) Art. 23, Sec. 24. City Code, (1893) Art. 23, Sec. 40. 90 . If any property chargeable as aforesaid shall be owned by any person or persons not resident within the limits of the State of Maryland, it shall be the duty of the Commissioner of Health to expose for sale and sell the same at public auction to the highest bidder for cash; provided, that before the Commissioner of Health shall proceed to sell as aforesaid, he shall give notice of such sale in three of the daily newspapers of the city, together with a particular description of the property proposed to be sold, by advertisement published twice a, week for three successive weeks, and they shall deduct from the proceeds of said sale all costs, charges and expenses attendant ART. 14.] RKMOVAT OF NUISANCES — BONES — ORDINANCES. 825 thereon, as well as the amount of penalties or expenses for removal of nuisances in arrear, and place the balance in the city treasury to the credit of the owner of the ground, or such other party as may be legally entitled to receive it. City Code, (1879) Art. 23, Sec. 25. City Code, (1893) Art. 23, Sec. 41. 91. Whenever any person or persons shall be in actual possession of, or have charge, care or control of, any ers. property within the city, as executor, executrix or execu- tors, administrator, administratrix or administrators, trustee or trustees, guardian or guardians, agent or agents, such person or persons shall be deemed and taken to be the owner or owners of such property, within the true intent and meaning of the several ordinances of the city, and shall be bound to remove all nuisances from such property, and to comply with all the provisions of this Article and any ordinance of the city in relation to the health of the city, so far as the same may effect such property, in the same manner, and under the same penal- ties, fines and forfeitures, as if such person or persons were actually the owner or owners of such property, and notice to any such person or persons of any order of the Commissioner of Health, shall be deemed and taken to be as good and sufficient notice as if such person or persons were actually the owner or owners of such property. Bones. City Code, (1879) Art. 23. Sec. 39. City Code, (1893) Art. 23, Sec. 56. 92. None of the provisions of this sub-division of this Bone dealers. Article shall be construed to prohibit dealers in bones from purchasing the same, and depositing the same on such premises as the said dealers may occupy and use for that purpose ; provided, however, that green bones, or such as have flesh or fatty matter on them, shall not be kept by any dealer in them having his place of deposit within the city limits, longer than twelve hours ; provided also, that Provisoes this privilege shall not extend to bones of any kind giving forth an offensive odor. 826 HK AI.TH — ORDIN ANCKS . [art. 14. Cellars. City Code, (1879) Art. 23, Sec. 17. City Code, (1893) Art. 23, Sec. 33. Commissioner 93. Whenever the Commissioner of Health shall have may enter premises for cause to suspect that a nuisance exists in any house, cellar or enclosure, he may demand entry therein in the day time, and if the owner or occupier shall refuse or delay to open the same and admit a free examination, he shall forfeit and pay for every such refusal the sum of twenty dollars. City Code, (1879) Art. 23, Sec. 28. City Code, (1893) Art. 23, Sec. 44. ‘^mad?S?ound. 94. All Cellars and vacancies under stores, warehouses and dwellings, shall, when deemed necessary by the Com- missioner of Health, be filled up with sound materials and paved with hard bricks or stones ; and when deemed expedient by him, the lots thereto appertaining shall be filled up above the level of the street, so as to prevent the lodgment of water on the premises. Dead Animals, etc. Ord. 183, May 25, 1893. City Code, (1893) Art. 23, Sec. 86B. Removal of 95. All dead animals shall be removed within twelve anima s. after notice from the Commissioner of Health, and all dead horses, mules, cattle, sheep or hogs shall be re- moved only in covered or enclosed vans or wagons, so that said animals shall not be visible ; and any person offending Penalty. against this section shall forfeit and pay a sum not exceeding twenty dollars. Deposits on Vacant Lots and Premises. City Code, (1879) Art. 23, Sec. 35. City Code, (1893) Art. 23, Sec. 52. S^ilsaice^Sn It shall not be lawful for any person or persons to deposit on any lot within the city limits, any manure or nuisance of any kind, without the consent of the owners or occupiers of the lots adjoining said lot be first procured and filed in the office of the Commissioner of Health, under ART. 14 .] DRAINING LOW GROUND — ORDINANCES. 827 a penalty of five dollars for each and every offence, and five dollars for each and every day said nuisance may remain. City Code, (1879) Art, 23, Sec. 36. City Code, (1893) Art. 23, Sec. 53. 97 . No person or persons shall be allowed to deposit cleanings of , . , . , . , , slaughter upon his or her premises, or any other premises or lot, houses, etc. within the city limits, the cleanings of any slaughter' house, fish dealer^ s house or yards, or any other branch of trade making filth, for any purpose whatsoever ; nor shall any person or persons be allowed to receive or deposit upon his or her premises, within the city limits, any dead animal or part or parts thereof, or green bones, fish or crabs, or any other offensive articles, under a penalty of not less than five dollars, nor more than twenty dollars for each and every offence. City Code, (1879) Art. 23, Sec. 37. City Code, (1893) Art. 23, Sec. 54. 98 . No person or persons shall be permitted to remove Removal of any such things, enumerated in the next preceding section, from his, her or their premises, to any other premises within the city limits, under a penalty of five dollars for penalty, each offence. City Code, (1879) Art. 23, Sec. 38. City Code, (1893) Art. 23, Sec. 55. 99 . Any person or persons living outside of the city. Not to bring who shall bring any of the filth mentioned in section 97 of this Article, and deposit the same on any premises within the city limits, shall be subject to a fine of five dollars. Penalty. Draining Low Grounds. City Code, (1879) Art. 23, Sec. 19. City Code, (1893) Art. 23, Sec. 35. 100 . The Commissioner of Health is hereby empowered Draining low and required to substitute draining in low grounds, instead of filling them up, in all instances where, in his opinion the draining will as effectually answer the intended purpose. 828 health— ORDINANCES. [art. 14. Expectoration on sidewalks, in public buildings, cars or depots prohibited. Notices forbid- ding same to be posted. Provide receptacles. Clean and dis- infect same. Expectorating. Ord. 16, March 3, 1898. Ord. 201, February 21, 1905. 101. It shall not be lawful for any person to expecto- rate or spit in or upon any paved sidewalk or footpath of .any public street, avenue or public square in the city of Baltimore, or in or upon any part of any public building under the control of the Mayor and City Council of Balti- more City, or upon the floor, platform or steps of any street, railway car or other public vehicle carrying passen- gers for hire, or upon the floor of any depot or station or upon the station platform or stairs of any elevated railroad or other common carrier, or upon the floor or steps of any theatre, store, factory or any building which is used in common by the public, or upon the floor of any hall or office, in any hotel or lodging house which is used in common by the guests thereof. Ord. 201, February 21, 1905. 102. The corporations or persons owning or having the management or control of any such street railway, cars or public vehicles carrying passengers for hire, theatres, stores, factories or buildings which are used by the public in common, depots, stations, station platforms or stairs of any elevated railroad or other common carrier, hotel or lodging house shall keep permanently and conspicuously posted in each of said places, a sufficient number of notices forbidding spitting upon the floors, and calling attention to the provisions of the next preceding section. Ord. 201, February 21, 1905. 103. The corporations or persons owning or having the management or control of such theatres, stores, factories or buildings which are used by the public in common, depots, stations, station platforms or stairs of any elevated railroad or other common carrier, hotels and lodging houses, shall provide sufficient and proper receptacles for expectoration, and also provide for the cleaning and disin- fection of said receptacles at least once every twenty-four hours. 829 ART. 14 .] TENEMENT AND DODGING HOUSES — ORDINANCES. Ord. 201, February 21, 1905. 104 . Any person violating any of the provisions of the three next preceding sections of this Article shall on con- viction thereof, be fined in any sum not less than one dollar ($1) and not more than five dollars ($5) for the first offence, and in any sum, not less than five dollars ($5) and pe„aity. not more than ten dollars ($10) for each and every subse- quent violation of the provisions of said three sections. Tenement and Lodging Houses. Ord. 79, June 4, 1886. City Code, (1893) Art. 23, Sec. 31. 105 . Every tenement or lodging-house, and every part cleanliness re- thereof, shall be kept clean and free from any accumula- tion of filth, garbage, or other matter, in or on the same or in the yard, court, area, passage or alley connected with or belonging to the same ; the owner or lessee of any lodging or tenement-house shall thoroughly cleanse all the rooms, passages, stairs, floors, windows, doors, walls, ceilings and privies, to the satisfaction of the Commissioner of Health, as often as shall be required by the Commis- sioner of Health, and shall also whitewash the walls and walls and ceilings thereof at least once in each year ; all tenement and lodging-houses shall be duly registered with the Com- Registry of missioner of Health by the owners or keepers of the same, houses!”^' Ord. 79, June 4, 1886. City Code, (1893) Art. 23, Sec. 32. 106 . Any person or persons, owner or owners agent or penalties, lessee, of any tenement or lodging-house violating any of the provisions of the next preceding section, shall be sub- ject to a fine or penalty of twenty dollars, and a further fine of five dollars for every day thereafter that he, or she, or they, neglect to comply therewith. Ord. 54, April 10. 1896. 107 . It shall be unlawful to burn any garbage or refuse Burning &ar- matter of any kind on or in the vicinity of any of the ash Sumps! 830 HEALTH — ORDINANCES . [art. 14- Penalty. Restricting re moval of gar bage, offal, etc. Permit for re- moval to be granted. Violations, Dumping rub- bish on pri- vate property. or garbage dumps in the city of Baltimore, under a penalty of five dollars ($5) for each and every violation of this section. Ord. 58, March 17, 1904. 108. No person except the employes of the city of Baltimore, engaged in public work, or persons under con- tract with the city of Baltimore engaged in public work, shall convey any garbage, house offal or other refuse, animal or vegetable matter through any street, lane, road, alley or public highway of the city of Balimore, without having first obtained a permit so to do from the Commis- sioner of Health ; after obtaining said permit, it shall be lawful for the licensee named in such permit to convey such garbage, house offal, or other refuse, animal or vegetable matter, in accordance with the terms and condi- tions of said permit, but in no other manner. Ord. 58, March 17, 1904. 109. The Commissioner of Health may, in his discretion, grant the permit referred to in the next preceding section of this Article, whenever in his. judgment the public health will not suffer thereby ; and the Commissioner of Health is authorized at any time when in his judgment, the public health will suffer by the continuance of any permit so granted by him, to revoke the same. Ord. 58, March 17, 1904. 110. Any person or persons violating the provisions of the two next preceding sections of this Article, shall be liable to a fine of two dollars ($2) for each offence. Ord. 38, April 5, 1881. Cit}^ Code, (1893) Art. 23, Sec. 62. 111. It shall be unlawful for any person or persons to dump any earth, dirt, sand, ashes, garbage, gravel, rocks, refuse or other matter, upon any private property in the city of Baltimore, without permission therefor from the owner or owners thereof, or their agent. ART. 14.] GRAVES — HYDRANTS— ORDINANCES. 831 Ord. 38, April 5, 1881. City Code, (1893) Art. 23, Sec. 63. 112 . Any person or persons who shall violate the pro- penalty, visions of the next preceding section, or authorize any violation thereof by his or their employes or agents, shall be subject to a fine of five dollars for each and every such offence. Graves. Ord. 72, May 17, 1895. 113 . All graves which may hereafter be dug in any cemetery or burial ground within the city of Baltimore graves, shall be of the depth of at least four feet six inches ; and any person or persons employed for such purpose who shall refuse or neglect to dig any such grave of the said depth shall forfeit and pay for each and every offence the sum of twenty dollars ($20) . Hydrants. City Code. (1879) Art. 23, Sec. 26. City Code, (1893) Art. 23. Sec. 42. 114 . Whenever the Commissioner of Health shall dis-ise upon the police or other public authorities or hadgfs officials by means of such badge shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less Penalty. than One dollar or more than ten dollars. **NoTE. — It may be questioned whether the New City Charter author- izes this legislation. ART. 25 .] OBSTRUCTIONS IN STREETS — ORDINANCES. 979 Ord. 132, September 26, 1894. 66. Any person who shall duplicate or counterfeit any badge or badges adopted by the Journalists' Club of Balti- more City, as provided herein, for the purpose of obtaining badges, or enabling others to obtain any of the privileges accorded to the authorized wearers of such badges, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than five dollars nor more than twenty-five dollars. OBSTRUCTIONS IN STREETS. City Code, (1879) Art. 47, Sec. 116. City Code, (1893) Art. 48, Sec. 135. 67. No person or persons shall in any manner obstruct obstructions any of the streets, lanes or alleys of the city, or the or gutters, gutters thereof, except in the immediate act of moving or removing some article in the way of their trade or business, or for the use of their families; every person so offending shall forfeit and pay the sum of one dollar. * Barrels, Boxes, Crates and Hogsheads. City Code, (1879) Art. 47, Sec. 115. City Code, (1893) Art. 48, Sec. 134. 68. If any person or persons shall place or cause to be Boxes, barrels placed, in any street, lane or alley in the city, any barrel, hogshead, box, crate or other package, and shall suffer the same to remain for a longer time than twelve hours, or in any instance after sunset, every person so offending shall forfeit and pay one dollar, and the further sum of one dollar for every day the same shall be suffered to remain, and in no case shall any person be permitted to use more space than one-half of the foot pavement by placing the above named articles thereupon, under a penalty of one dollar for each and every offence. *Note.— In relation to obstruction of sidewalks and streets, see, Balti- more City V. Walker, 98 Md, 637 and Brauer v. Baltimore Refrig. Co., 99 Md. 367. 980 POI.ICE — ORDINANCES . [art. 25. Dangerous and Unhealthy Substances. City Code, (1879) Art. 23, Secs. 41, 101. Ord. 94, June 17, 1886. City Code, (1893) Art. 23, Secs. 58, 104. City Code, (1893) Art. 48, Secs. 157A, 204. Ord. 46, March 22, 1893. ^n^ot shall not be lawful for any person, persons or sfr?eTs?&c.° corporation, to place, deposit, cast or throw any hoops, wire, glass, boards or other wood with nails, or nails of any kind which may be dangerous to horses’ feet, or any dead animal, manure, offal, garbage, ashes, fruit skins, dirt, filth, shavings, rubbish, noxious fluid or substance, or litter, oyster shells, clam shells, paper, sweepings or refuse of any kind whatever, upon or into any gutter, street, alley, lane, market place, wharf or other public place within the limits of this city; except when the same may have been removed from his, her, their or its premises for immediate removal from any gutter, street, alley, lane, wharf or other public place aforesaid. Ord. 46, March 22, 1893. City Code, (1893) Art. 48, Sec. 157B. cej^tain^artkies 7Q. It shall uot be lawful for any person or persons to street^&c maintain upon any street, lane, alley or other public place within the limits of this city, any box, bin, barrel or other receptacle for the reception of garbage, ashes, litter or rubbish of any sort, except that in order to facilitate the removal of garbage and ashes, it shall be lawful for the occupant of any premises to place daily upon the sidewalk in the rear of such premises, or in front of premises to which there is no rear entrance accessible to the drivers of the city garbage carts, suitable boxes or Boxes for gar- vossels as by ordinance prescribed for garbage and ashes, and to allow the same to remain until emptied by the drivers of the city garbage carts, provided that such boxes or other vessels shall in all cases be removed from the side- walk within one hour after they shall have been emptied by the drivers of the city garbage carts. Ord. 46, March 22, 1893. City Code, (1893) Art. 48, Sec. 157C. ^blkept^n- 71. Every occupant of any premises within the city,, obstructed. owncr of premises that may be vacant, shall ba ART. 25.] DIRT, LUMBER, ETC. — ORDINANCES. 981 required to keep the sidewalk bounding upon such premises and the gutters belonging thereto, open and free from obstructions. Ord. 46, March 22, 1893. City Code, (1893) Art. 48, Sec. 157D. 72. If any of the substances mentioned in section 69 of penalty for 1 1 violation c this Article are thrown or carried from any house, ware- house, shop, cellar, yard or other place, and left in any of tions. the places specified in said section, the occupant of such house, warehouse, shop, cellar, yard or other premises, or owner thereof, if vacant, and the person who actually threw, carried or left the same, or who caused the same to be thrown, carried or left, shall severally be held liable for a violation of section 69 of this Article ; and every wilful violation of the three next preceding sections of this Article shall be punished by a fine of not less than two dollars nor more than ten dollars, or by imprisonment in the city jail for not more than five days. Dirt, Lumber, etc. City Code, (1879) Art. 47, Sec. 119. City Code, (1893) Art. 48, Sec. 139. 73. If any person or persons shall place or cause to be placed within the streets, lanes or alleys of the city, any dirt, lumber or other obstruction to the free egress or in- gress through such street, lane or alley, and shall permit the same to remain more than twenty-four hours after being notified by the City Engineer or any of the police officers to remove the same, he, she or they shall be sub- ject to a fine of five dollars for each day it shall so remain; and the City Engineer is hereby authorized and empowered to remove, or cause to be removed, all manner of obstruc- tions to the passage through the streets, lanes or alleys which he shall find remaining in the same an unnecessary length of time ; and all expenses incurred shall be charge- able to the person or persons who shall violate the provisions of this section. 982 POI.ICK — OR DINANCES . [art. 25 . Builders’ lege to streets. Penalty, Builders' Materials and Enclosures in Streets. City Code, (1879) Art. 7, Sec. 14. City Code, (1893) Art. 7, Sec. 116. Ord. 106, March 30, 1906. Sir'* 7 4. It shall and may be lawful for any person employed in building or repairing any house to occupy one-third of any street, lane or alley of the city, clear of the footways in front of any lot on which such buildings are being erected or repaired, with the materials necessarily used in erecting and repairing such buildings, until the same be covered or repaired, ' and sixty days thereafter, and no longer, under the penalty of forfeiting one dollar for each and every day the same shall be suffered to remain there- after ; also, to use and occupy one-third part of such street, lane or alley in front of such lot with plastering, mortar and other materials necessary for plastering such house or building, for ninety days, and no longer, under a penalty of one dollar for each and every day the same shall be suffered to remain thereafter ; provided, however, that on streets, lanes or alleys where street railway tracks are now located, or shall hereafter be constructed, no materials necessarily used in erecting and repairing buildings or materials necessary for plastering such buildings, shall be placed nearer to the outer rail of said street railway tracks than three feet ; and if any person or persons shall occupy more than one-third of the width of any street, lane or alley without permission of the Mayor, or shall place building material or plastering material nearer than three feet to the outer rail of any street railway tracks, he, she or they shall be subject to a fine of not less than one dollar nor more than five dollars for each and every day the same shall be suffered to remain. It shall and may be lawful for any person employed in building or repairing any house to enclose the front part thereof, provided the said enclosure does not project more than four and a half feet on the foot- way or remain more than sixty days after the house is covered, without the permission of the City Engineer ; and any person offending against these provi- sions shall be subject to a penalty of five dollars for each and every day the said enclosure shall remain. ART. 25 .] FIRES AND HORSES IN STREETS — ORDINANCES. 985 Fires and Horses in Streets. City Code, (1893) Art. 48, Sec. 140. Ord. 118, July 25, 1896. Ord. 155, October 29, 1896. 75. If any person shall cause any horse, mare, gelding Relating to or mule to stand in any of the streets, lanes or alleys within the city limits, whether he is shoeing or preparing m^kSg°fire to shoe or tightening the shoes of any such horse, mare, gelding or mule, or shall make any fire in any street, lane or alley, every such person shall forfeit and pay a sum not penalty, exceeding ten dollars ($10) ; provided, that it shall and may be lawful for any person to kindle and use a fire made of charcoal or coke on any street, lane or alley in the city of Baltimore for the purpose of preparing any article to be used in the construction of any house, cellar, or pavement, conditions un- if not made more than one-fourth the width of the street, tVe may be lane or alley in front of the property to be improved or occupied, and for no longer time than six days at any one place. But no such fires shall be kindled, made or used without the consent of the persons occupying the property on the square on which said house, cellar, pavement or other improvement is to be made, shall be first obtained and filed with the City Engineer ; nor until special appli- ances to protect the paving from heat, to the satisfaction of the City Engineer, shall have been first provided, and his approval thereof in writing obtained. Snow. City Code, (1879) Art. 47, Sec. 125. City Code, (1893) Art. 48, Sec. 147. 76. It shall be the duty of each and every person, incor- Removal of porated society, public institution or other corporation, using or occupying in any manner, or for any purpose whatsoever, any house, store, shop, stable or tenement of any kind, and of persons having charge of churches and public buildings of every description, and of owners of unoccupied houses and unimproved lots, situate on any paved street, lane or alley in the city, within three hours after the fall of any snow, (unless the snow shall have ceased to fall between the hours of three o'clock in the afternoon and six in the 984 POI.ICK — ORDINANCES . [art. 25 . Salt not to be used to melt ice o: snow. morning, in which case it shall be removed before eleven o’clock in the morning), to remove and clear away, or cause to be removed and cleared away, the same from the foot pavements fronting the respective houses, stores, shops, stables, churches; buildings or lots so used, occupied or owned by them, or under their charge, in such manner as not to obstruct the passage of the water in the gutters, under a penalty of two dollars for every neglect, beside the expense of cleaning the same away by the Commis- sioner of Street Cleaning pursuant to section 2 of Article 36, title ‘ ‘Street Cleaning. ” And it shall further be the duty of the said persons, corporations, their agent or agents to keep the gutter or gutters leading to, and the pavements or sidewalks situate in front, or at the rear or sides of such tenements above enumerated, free from ice and every obstruction of whatever nature ; and every such owner, tenant or person having in charge such premises who shall fail to remove any such obstruction by ice or any other cause, for three hours after notification duly served on him, her or them by any police officer of the district, shall forfeit and pay two dollars for such failure, and one dollar additional for each and every day the obstruction may continue. Mayor v. Marriott, 9 Md. 160. Altvater v. Mayor, 31 Md. 462. Flynn V. Canton Co., 40 Md. 312. Brotherton v. Police Board, 49 Md. 495. Ord. 5, November 14, 1885. City Code, (1893) Art. 48, Sec. 149. 77. No person or persons, or corporation, shall cast, throw, sprinkle or place salt or any saline substance upon any pavement, street, lane, alley, or car track whatever, within the corporate limits of the city of Baltimore, for the purpose of removing or melting ice or snow, without the consent, in writing, of the Mayor first had and obtained, such consent to be given by the Mayor in cases of absolute necessity; any person or persons or corporation violating the provisions of this section shall be liable to a penalty of not less than fifty dollars nor more than one hundred dollars for each square or part of square upon which salt or any other saline substance may be cast, thrown, sprinkled or placed. ART. 25.] PISTOTS AND FIREARMS.— ORDINANCES. 985 PISTOLS AND FIREARMS. Ord. 25, November 18, 1905. 78. It shall be unlawful for any person in the city of Regulating sale Baltimore to offer for sale, sell, give, purchase or loan any firearms, firearm, commonly known as a pistol or revolver except it be in accordance with the provisions and regulations of the two next succeeding sections of this Article. Ord. 25, November 18, 1905. 79. The person before giving, loaning or selling a pistol Distinguishing or revolver shall stamp or affix, or have stamped or affixed Samped on (if not already so stamped or affixed,) upon some con- fe?Sler°! spicuous part of said pistol or revolver, an ineffaceable mark of identification, such as the name of the manufact- urer, the style of the pistol, or any other distinctive sign or number which will specifically individualize each pistol from any and all other pistols or revolvers of like make, caliber or similarity of shape. Ord. 25, November 18, 1905. 80. The person giving, loaning or selling said pistol or revolver, before delivering the same, shall first ascertain mark! and the name and residence of the party to whom the delivery to be kept, is made, and after ascertaining the name and address of the borrower, purchaser or donee of any pistol or revolver, or the one to whom said pistol or revolver may be delivered, shall be required to keep a written register of the name and residence of every borrower, purchaser or donee of any such pistol or revolver, together with the sign, name or ^'Y^ch^reSo?ds other mark of pistol indentification, which register shall be subject to the inspection of the Marshal of Police of Baltimore, or other person by him authorized in that behalf, and further, shall make a report on or before the first Tuesday in each and every month, under oath, to the said Marshal of Police, of all said sales, loans or gifts made during the preceding month, together with the name, resi- Reports to Mar- dence and sign of identification of said pistol or pistols, 986 POLICE — ORDINANCES . [art. 25. sold, loaned or donated, which said report shall be preserved in a special record kept for that purpose, in the office of the Marshal of Police. Ord. 25, November 18, 1905. enaityforvio- person or persons who shall violate any of the provisions of the three next preceding sections of this Article, shall be deemed guilty of a misdemeanor, and shall be subject to a fine of not more than ten dollars for the first offence, and to a fine of not less than ten dollars nor more than fifty dollars for the second offence, and to a fine of not less than fifty dollars, nor more than one hundred dollars ($100) or to imprisonment in the Baltimore City Jail for a period of sixty days, or both in the discretion of the court, for the third or oftener repeated offence. Ord. 25, November 18, 1905. Penalty for ob- 82. Any person changing, destroying or defacing the mSs of sign, number or other marks of identification stamped or Identification ^^p^cd to any pistol in compliance with section 79 of this Article shall be deemed guilty of a misdemeanor, and shall be subject to a fine of twenty-five dollars or imprisonment in the Baltimore City Jail for a period of thirty days, or both in the discretion of the court. City Code, (1879) Art. 47, Sec. 112. City Code, (1893) Art. 48, Sec. 129. Discharging 83. If any person shall fire or discharge any gun, pistol firearms. firearms within the city, unless it be on some occasion of military parade, and then by order of some officer hav- ing the command, every such person for every such offence shall forfeit and pay a sum not exceeding five dollars; and if any gun, pistol or firearms shall be discharged from on board any vessel within the harbor of Baltimore, the cap- tain of the vessel, as well as the offender, shall be liable to the said penalty. ART. 25 .] PUBLIC SAFETY — ORDIXANCES. 987 Ord. 120, November 1, 1881. City Code, (1893) Art. 48, Sec. 130. 84. It shall not be lawful for any person or persons to Toy pistols, sell, give away or dispose of in any manner, what is known as “the toy cartridge pistoF’ within the limits of the city of Baltimore under a penalty of ten dollars for each and every offence. Ord. 120, November 1, 1881. City Code, (1893) Art. 48, Sec. 131. 85. Any person or persons who shall fire off what is penalty, known as “the toy cartridge pistol’’ within the limits of the city of Baltimore, shall be subject to a fine of tw^o dollars for each offence. PUBLIC SAFETY. City Code, (1879) Art. 47, Sec. 128. City Code, (1893) Art. 48, Sec. 150. 86. It shall not be lawful for any person to throw ^ny Buiky^arg:ies bale or bulky article from the second or higher story door or window into the street, or to use, or cause to be used, in or upon any street, lane or alley, wharf or place of public resort, any sliding board, skid, or other device or use of skids, contrivance, for the purpose of receiving or delivering merchandise, without having the same well secured, so as to prevent the same from slipping; and every person who shall offend in manner aforesaid shall pay for every such offence the sum of twenty dollars; provided, that this section shall not be construed to extend to the removing of any merchandise or other article in case of danger by fire or other casualty. City Code, (1879) Art. 47, Sec. 129. City Code, (1893) Art. 48, Sec. 151. 87. It shall not be lawful for any person to play at Bandy, kites, bandy or ball, to fly a kite, or throw a stone or any other missile within the city, or in any street, lane or alley opened for public use within the limits of the city, under a penalty of one dollar for each offence. 988 POLICE — ORDINANCES. [art. 25 . Bicycles and tricycles. Not lawful to coast on bi- cycles, etc. Penalty. Coasting on streets near where same are crossed by tracks, prohibited. Penalty. Hawking goods in streets after 10 P. : forbidden. Ord. 130, June 11, 1890. City Code, (1893) Art. 48, Sec. 152. 88. It shall not be lawful for any person or persons to propel a bicycle or tricycle in the public streets or public parks of the city at night, unless each and every bicycle or tricycle so propelled shall be provided with a lighted lamp or lantern when ridden after dark, under a penalty of a fine of five dollars ($5) for each and every offence; provided, that the terms of this section shall not apply to children under fifteen years of age. Ord. 4, December 18, 1893. 89 . It shall not be lawful for any person or persons riding upon a bicycle, tricycle or velocipede on any of the streets of the city of Baltimore to coast upon the said vehicle within the built up portions of the city, and all persons so riding shall keep their feet upon the pedals and a hold upon the handle of said vehicle, so as to have the same under proper control to avoid accidents; all persons violating the provisions of this section shall be fined not less than two dollars ($2) and not more than five dollars ($5) for each and every offence. See, Hagerstown v. Klotz, 93 Md. 437. Ord. 41, April 29, 1895. 90 . Any person who shall coast down or upon any street, alley or other public highway within two hundred feet of the place where the same is crossed or intersected by the tracks of any steam railroad, or by the tracks of any city passenger railway, upon which cars are propelled by any species of mechanical traction, or who shall coast down or upon any street, alley or other highway upon, which any such tracks are laid or maintained, shall forfeit and pay a fine of two dollars for each and every offence. SALES IN STREETS. Ord. 34, March 5, 1900. 91 . It shall be unlawful for any person to sell any goods, wares, produce or merchandise through the streets of Baltimore after 10 o’clock P. M., by calling out the ART. 25.] SALES IN STREETS — ORDINANCES. 989 names to attract attention to such goods, wares, produce or merchandise; any person violating the provisions of this section shall, upon conviction thereof, be liable to a fine of Penalty, not less than one nor more than five dollars. Ord. 139, July 3, 1889. City Code, (1893) Art. 48, Sec. 155. 92. Any person who shall be found in any of the streets so^kuing pur- er highways, or upon any sidewalks or footways, engaged streets, in obstructing the passage along any of the said streets or highways, or upon any of the said sidewalks or footways by catching hold of, or soliciting persons, or in any way interfering with their free passage along said streets, highways, sidewalks, or footways, for the purpose of inducing or compelling them to buy any article or thing from any store or stand or any livery or sale stable, shall be subject to a fine of ten dollars for each and every offence. Ord. 23, December 4, 1903. 93. It shall not be lawful for any person or persons to Forbi(Wing^ sell, barter or exchange, or offer for sale, barter or ex- atre tickets change, upon the public streets or highways, tickets of ^ admission to any theatre or circus; any person or persons violating the provisions of this section shall be deemed guilty of a misdemeanor, and, on conviction, shall be Misdemeanor, punished by a fine of ten dollars ($10) for every such offence. Ord. 139, July 3, 1889. City Code, (1893) Art. 48, Sec. 156. 94. Any person remaining in front of or entering any Enticing from store where goods are sold at retail, or any livery or sale chasers!'“^' stable, for the purpose of enticing away or in any manner interfering with any person or persons who may be in front of or who may have entered therein for the purpose of buying, shall be subject to a fine of twenty dollars for each and every offence. 990 POI.ICB — ORDINANCES . [art. 25 . Prohibit throwing waste matter into sewers. Dangerous substance sidewalk. Misdemeanor and penalty. Copy of ordi- nance to be posted in sight. SEWERS. Ord. 10, February 24, 1894. 95. If any person or persons shall carelessly throw^ sweep or place any waste paper, street sweepings, garbage, dirt, or other matter into any inlet of any sewer made or hereafter to be made in the city of Baltimore, he, she or they shall forfeit and pay a fine of not less than two dollars nor more than five dollars for each offence. SIDEWALKS. Fruit and Vegetable Substances. Ord. 15, February 28, 1894. 96. Any person who shall cast, throw or deposit on any sidewalk or crosswalk in any street, avenue, alley or public place within the city limits of the city of Baltimore any part or portion of any fruit, vegetable or other substance, which when stepped upon by any person is liable to cause or does cause him or her to slip or fall, shall be guilty of a misdemeanor, and on conviction thereof before any magis- trate, shall be punished by a fine of not less than one dollar nor more than five dollars, or in default of the payment of such fine, by imprisonment of not less than one day nor more than ten days in the Baltimore City Jail at the discretion of the court. Ord. 15, February 28, 1894. 97. The proprietor of every stand, store or other place where fruit or other substances mentioned in the next preceding section of this Article are sold, shall keep sus- pended therein or posted thereon in some conspicuous place constantly, a copy of the next preceding section of this Article printed in large type, so that the persons purchas- ing such fruit, vegetable or other substances may become aware of its provisions; and every such proprietor or agent refusing or neglecting to comply with the provisions of this section, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of five ART. 25 .] WATERING SIDEWALKS — ORDINANCES. 991 dollars for such neglect, or in default of payment thereof by imprisonment in the Baltimore City Jail for not less than ten days or more than thirty days at the discretion of the court. Wheelbarrows, Vehicles, etc., on Sidewalks. City Code, (1879) Art. 47, Sec. 118. City Code, (1893) Art. 48, Sec. 137. 98 . No person shall wheel any wheelbarrow, or or push a hand cart along any of the footways of the footways, streets, lanes or alleys of the city, or place one on the same, under the penalty of one dollar; provided, that nothing in this section shall be constructed to prevent any person from using a wheelbarrow or hand cart in removing any articles of merchandise, or materials necessary for building, or family use, across the said footways. Ord. 33, April 17, 1885. City Code, (1893) Art. 48, Sec. 138. 99 . It shall not be lawful for vehicles of any descrip- tion, drawn by horses or mules, to be backed or drawn on or over the sidewalks of the city, unless the kerbing of vehicles on said sidewalks be lowered to grade and the sidewalks so paved and arranged to allow the passage of such vehicles, without special permission from the Mayor in each case. Any person or persons violating the provisions of this section, shall be subject to a fine of five dollars ($5) for each and every offence. Watering Sidewalks. Ord. 134, June 12, 1890. City Code, (1893) Art. 48, Sec. 146. Ord. 12, February 24, 1894. Ord. 105, May 28, 1894. Ord. Ill, June 6, 1894. 100 . It shall be unlawful for any person or persons to cleanse by the use of water the sidewalks upon the follow- ing streets between the hours of eight A. M. and six P. M. Hours. Baltimore street from Harrison street to Carey street, Holliday street between Baltimore and Lexington streets, Calvert street between Baltimore and Monument streets, Charles street between Baltimore and Preston streets. 992 POLICE — ORDINANCES . [art. 25. Howard street from Baltimore street to Monument street, Eutaw street from Baltimore street to Franklin street, Lexington street from Paca street to Charles street, Fayette street from Charles street to Paca street; and any person or persons violating the provisions of this section Penalty. shall be subject to a fine of five dollars ($5) for each and every offence. THEATRICAL EXHIBITIONS. City Code, (1879) Art. 51, Sec. 1. City Code, (1893) Art. 52, Sec. 1. 101. Every person who shall within the city of Balti- more act, exhibit, show or perform in, or cause to be acted, exhibited, shown or performed, or be in any manner concerned in the acting, exhibition, showing or perform- indecent or blasphemous play, farce, opera, itions. public exhibition, show or entertainment or performance whatsoever, or of any indecent or blasphemous part of any play, farce, opera, public exhibition, show, entertainment or performance whatsoever, shall forfeit and pay for every such offence the sum of twenty dollars. Ord. 6, May 5, 1885. City Code, (1893) Art. 52, Sec. 2. 102. Every person who shall give or perform, or be in sparrmg^ex- ^^y manner concerned in any public sparring exhibition which shall take place within the limits of the city of Balti- more, without having first obtained permission for said exhibition from the Mayor, shall forfeit and pay, for every violation of this section, the sum of twenty dollars ($20). City Code, (1879) Art. 51, Sec. 3. City Code, (1893) Art. 52, Sec. 3. 103. No agent, owner or lessee of any house of public ^t^apSepe^- amusemeut, or any agent, owner or lessee of any show, formances. qj. public exhibition of any kind whatsoever, shall suffer or permit any person whomsoever to do or perform those acts in which feats of strength and skill are exhibited by the performer from apparatus suspended at an extra- ordinary elevation above the stage, without first providing ART. 25 .] THEATRICAL POSTERS — ORDINANCES. 993 a network of such character and materials as in the event of any miscalculation on the part of the performer or performers, will be the means of saving him, her or them from accident or injury. City Code, (1879) Art. 51, Sec. 4. City Code, (1893) Art. 52, Sec. 4. 104. Any agent, owner or lessee of any house of public amusement, or any agent, owner or lessee of any show, circus or public exhibition of any kind whatsoever, offending against the provisions of the next preceding section, shall forfeit and pay a fine of fifty dollars Penalty, for every time such offence may be committed in his, her or their house or place of public amusement. Theatrical Posters, etc. City Code, (1879) Art. 7, Sec. 18. City Code, (1879) Art. 33, Sec. 16. City Code, (1893) Art. 33, Sec. 16. City Code, (1893) Art. 7, Sec. 92. 105. It shall not be lawful for any person or persons to Defacing wiis destroy, tear, or otherwise deface any bill which it may be lawful to post, descriptive of any performance, meeting or other assemblage, either by posting other bills over the same or in any other manner. City Code, (1879) Art. 7, Sec. 19. City Code, (1893) Art. 7, Sec. 93. City Code, (1879) Art. 33, Sec. 16. City Code, (1893) Art. 33, Sec. 16. 106. Any person or persons who shall violate any of the provisions of the next preceding section shall forfeit and pay for each and every offence the sum of two dollars; penalty, provided, that nothing contained in the next preceding section shall be construed to permit any person or persons to post bils of any kind, unless the same is done with the consent of the owners or occupants of property where said bills are proposed to be posted. The provisions of this and the next preceding section shall not apply to any bills which do not on their face indicate the month in which Proviso, they were posted. 994 POI.ICK — ORDINAN CES . [art. 25. Injury or de- struction of trees. Political pa- rades at night. TREES. City Code, (1879) Art. 47, Sec. 122. City Code, (1893) Art. 48, Sec. 142. 107. If any person or persons shall wilfully break, pull down, hurt or destroy any tree or trees, or inclosure around the same, which are now or may hereafter be planted near the kerb or gutter of any of the streets, lanes or alleys of the city, or in any other public grounds within the city, such person or persons so offending shall forfeit and pay five dollars for every such offence ; provided always that nothing herein contained shall be so construed as to prevent the City Engineer from removing any tree or trees, or part thereof, which he may deem so situated as to obstruct the carriage or footways,** VARIOUS STREET REGULATIONS. Parades in Streets. Ord. 175, October 31, 1890. Ord. 9, March 13, 1891. City Code, (1893) Art. 48, Sec. 153. 108. It shall not be lawful for any political organization to parade through the streets of the city without first obtaining a permit from the Mayor, and the Mayor shall at his discretion issue said permit to any and all political organizations applying for the same, provided permits are not issued to political organizations of different political parties to parade on the same day or night, and provided also that it shall not be lawful for any organization, after having obtained said permit, to carry transparencies or other devices having painted or in any other manner exhibited thereon, any writing or inscription, except the names of the candidates and the names of ward organiza- tions ; any person or persons violating the provisions of this section shall be guilty of misdemeanor and liable to a penalty of not less than five nor more than twenty-five dollars, t **NoTE. — I n this connection, see, Frostburg v. Wineland, 98 Md. 239. tNoTE. — By Resolution No, 81, approved May 14, 1894, the Board of Police Commissioners was requested to make a police regulation or order preventing the formation of a line for the purpose of being in line at the opening of the sale of seats at any class of entertainment earlier than seven o’clock A. M. of the morning of the day the sale of seats is announced to begin. ART. 25 .] PUBLIC SWINGS, FRYING HORSKS, FTC. — ORDINANCES. 995 Ord. 139, October 6, 1894. 109 . It shall not be lawful for any organization or persons to parade through the streets of the city of Balti- fnd'Srions more without first obtaining a permit from the Mayor, stating the streets through which, and the hours within which, the parade is to pass ; any person or persons violat- ing any of the provisions of this section shall be guilty of a misdemeanor, and liable to pay a penalty of not less than one dollar nor more than five dollars. Ord. 20, April 12, 1888. City Code, (1893) Art. 48, Sec. 154. 110 . There shall be no parade of drum corps, bands, or other bodies blowing horns and beating drums through the streets, between the hours of six P. M. and six A. M., unless said band, drum corps or other bodies shall, prior to every such parade, obtain a permit in writing therefor from the Mayor of the city. And it shall be unlawful for any band of music or drum corps to play upon the streets and collect money for the same from the passers-by or residents along the line of said streets. Each and every person violating any of the provisions of this section shall forfeit and pay a fine of ten dollars ($10) . Pianos, Ord. 109, November 11, 1898. 111. It shall be unlawful for any person or persons topiayingof operate or play any hand-organ, street piano or other etc., prohib- musical instrument upon the streets between the hours of 10^30 10.30 P. M. and 8 A. M. Each and every person violating any of the provisions of this section shall forfeit and pay a fine of five dollars ($5) . Public Swings, Flying Horses, Etc. Res. 203, June 19, 1893. City Code, (1893) Art. 48, Sec. 157H. 112 . In order to preserve the peace and quietness of the city, and to prevent disorder, no person or persons shall be permitted or allowed to operate any public swings 996 POI.ICK — ORDINANCES . [art. 25 . or flying horses, nor any fakir or patent medicine vendor Snd exhibitions or declamations on any street or open pitenTmedi- space, or lot in Baltimore city; any person or persons ited^ violating the provisions of this section shall pay a fine of ten dollars ($10) for each and every offence. VAULTS AND AREAS. City Code, (1879) Art. 47, Sec. 111. City Code, (1893) Art. 48, Sec. 128. vluurtVbe No person shall remove or cause to be removed whnsueft grate or covering to the opening or aperture of any open. vault in any of the streets of the city, without enclosing such aperture during the time such grate or covering is removed, with a strong box or kerb, at least twelve inches high, and firmly securing the same under a penalty of ten dollars for each and every offence. City Code, (1879) Art. 47, Sec. 107. City Code, (1893) Art. 48, Sec. 124. Police to^notify H4. It shall be the duty of the police officers to give neerofcon- information to the Mayor and City Engineer whenever struction of . , . i i vaults and any vault or area is being constructed m any of the streets areas. »/ of the city, within their respective districts. WATER. City Code, (1879) Art. 53, Sec. 45. City Code, (1893) Art. 54, Sec. 45. Police to report 115 . It shall be the duty of the police to report all ordinances. violations of water ordinances, all new buildings using the water from hydrants or fire-plugs for building purposes, wasting of water from hydrants, fire-plugs out of order, bursted pipes, and any person or persons who are using the water from the fire-plugs, or causing the water to flow from them contrary to any of the provisions of any city ordinance. Ord. 77, May 4, 1892. City Code, (1893) Art. 48, Sec. 146A. 116. It shall not be lawful for any person or persons or body corporate to discharge or permit to be discharged any water from any street washer or hose on the sidewalk ART. 26 .] PRATT FREE LIBRARY — ORDINANCES. 997 or street bed while such portion of said street is being repaved, nor for two weeks after such repaving has been ° completed; and any person or persons or body corporate, violating any of the provisions of this section, shall forfeit and pay the sum of ten dollars for each and every such offence. 117 . ‘All fines, penalties and forfeitures incurred by Recovery of the violation of any of the provisions of this Article, shall ures and pen- be recovered as other fines, penalties and forfeitures imposed by ordinances are recoverable, and when collected ® b"eViid“to the shall be paid to the Comptroller. comptroller. ARTICLE XXVI PRATT FREE LIBRARY ORDINANCES. Preamble . — To be known as “Enoch Pratt Free Library of Bal- timore City’’; lot and building; cost of building; endowment fund; acceptance by Mayor; trustees to be paid annual sum; branches; title to building, books, etc., to vest in Mayor and City Council of Balti- more; trustees to control and man- age; authority of Mayor and City Council of Baltimore to accept; ordinance of contract with trustees to be approved by people. 4. Interest to be invested until income from fund reaches fifty thousand dollars; in meantime annuity to be levied as other city taxes levied. 3. Investment of endowment fund. Council of Baltimore; contract to make annual appropriation of fifty thousand dollars; trus- tees to report annually to Mayor and City Council of Baltimore. 1. Acceptance of Mayor and City Council of Baltimore; annuity for maintenance of library. 5. Investment to cease when inter- est amounts to fifty thousand dollars; taxation therefor to then cease. 2. Conveyance of Mayor and City 998 PRATT free EIBRARY — ORDINANCES. [arT. 26. Ord. 106, July 15, 1882. City Code, (1893) Art. 39, (Preamble). Preamble Preamble. — Whereas, Enoch Pratt of the city of Balti- reciting par- i t i ^ i i ticuiars of moro, has agreed to establish a free public library in the Pratt. City of Baltimore, to be known as the Enoch Pratt Free Library of Baltimore City,'' and has agreed to erect upon a lot of ground on Mulberry street, owned by him, a library building of estimated cost of two hundred and twenty-fiye thousand dollars or thereabout, and has agreed to conyey said lot and premises to the Mayor and City Council of Balti- more, and also pay unto said Mayor and City Council of Baltimore, the sum of eight hundred and thirty-three thousand three hundred and thirty-three dollars and thirty- three cents ; proyided, the said Mayor and City Council of Baltimore, will accept said conyeyance and said sum of money, and agree by ordinance to grant and create an annuity, and to pay annually to a board of trustees, and their successors, the sum of fifty thousand dollars hereafter, foreyer, in equal quarterly payments, for the purchase and maintenance of said library, with not less than four branches in different parts of the city; the said branches to be established by said trustees within such time as can be legislative reasonably accomplished, out of said quarterly payments ; a^Ahority to the title to said library, its branches, books and all other establish the J ’ library. property, to be yested in the Mayor and City Council of Baltimore; the control and management of said library and property to be in said board of trustees; and Whereas, the General Assembly of Maryland, by an Act passed at its January session, eighteen hundred and eighty-two, chapter one hundred and eighty-one, author- ized and empowered the said Mayor and City Council of Baltimore to accept the said proposal of the said Enoch Pratt, and granted full power and authority unto the said Mayor and City Council of Baltimore, upon the conyeyance of said lot and the improyements aforesaid and upon said payment of said sum of money to it by the said Enoch Pratt, to contract and agree by ordinance, to be approyed by the legal yoters of said city, to pay perpetually to the board of trustees of the “Enoch Pratt Free Library of Baltimore City, ' ' the annual sum of fifty thousand dollars, in equal quarterly payments foreyer; and ART. 26 .] PRATT FREE LIBRARY — ORDINANCES. 999 Whereas, said “Enoch Pratt Free Library of Baltimore Amount City,'^ has been duly incorporated by said Act of said General Assembly of Maryland, and said Enoch Pratt is desirous to make the conveyance aforesaid, and to pay unto said Mayor and City Council the sum of eight hundred and thirty-three thousand three hundred and thirty-three dollars and thirty- three cents; therefore— Ord. 106, July 15, 1882. City Code, (1893) Art. 39, Sec. 1. 1. In pursuance of the power and authority vested in it Acceptance by said Act of the General Assembly of Maryland, and for the purpose of perpetually promoting and diffusing knowl- edge and education among the people of the city of Baltimore, the said proposed conveyance of the said library building and premises, situate upon Mulberry street, as aforesaid, and the said proposed payment of eight hundred and thirty-three thousand three hundred and thirty-three dollars and thirty-three cents, are agreed to be accepted by said Mayor and City Council of Baltimore; and for the purpose of carrying into effect the said proposed object, the said Mayor and City Council of Baltimore, by this ordinance do hereby contract and agree with the said Enoch Pratt and with the said “Enoch Pratt Free Library of Baltimore City,'' the body corporate aforesaid, in con- sideration of said conveyance of said library building and premises; and of the payment of said sum of money unto it, to grant and create an annuity of fifty thousand dollars, to be paid perpetually hereafter, forever, in equal, quarterly payments, for the purposes and maintenance of said library; said annuity to be paid unto the board of trustees of said body corporate and their successors, forever, to be applied by them to the purposes and maintenance of said library, as established and defined in the Act of incorporation thereof. Ord. 106, July 15, 1882. City Code, (1893) Art. 39, Sec. 2. 2. Upon the conveyance by said Enoch Pratt or his to pay representatives, by valid deed, of the clear unincumbered 1000 PRATT FRKE IvIBRARY — ORDINANCES. [arT. 26. fee simple estate in said lot of ground, with the improve- ments thereon, situate on Mulberry street, in said city of Baltimore, unto the said Mayor and City Council, of Balti- more and upon the payment by said Enoch Pratt or his repre- sentatives, unto said Mayor and City Council of Baltimore, of said sum of eight hundred and thirty-three thousand three hundred and thirty-three dollars and thirty- three cents, the Mayor of the city of Baltimore, at the time of the execution of said deed, is authorized and empowered to join in the ex- ecution of the same, for and on behalf of the Mayor and City Council of Baltimore, and to contract, covenant and agree, for and on their behalf, to pay perpetually thereafter the yearly sum of fifty thousand dollars, in equal quarterly payments, unto the Trustees of the “Enoch Pratt Free Library of Baltimore City,^’ and their successors, forever, the said “Enoch Pratt Free Library of Baltimore City,’^ also joined in said deed, and agreeing to appropriate said sum for its corporate purposes, and to make an annual report to the Mayor and City Council of Baltimore, of the proceedings of said body corporate, and of the condition of said library and its branches, with a full account of the monies received and expended by said trustees. * Orel. 64, May 14, 1883. City Code, (1893) Art. 39, Sec. 3. a vestment Euoch Pratt shall pay to the Mayor and nlted“ Council of Baltimore, the sum of eight hundred and thirty-three thousand three hundred and thirty-three dollars and thirty-three cents, according to the terms and provisions of Ordinance No. 106, approved July 15, 1882, it shall be the duty of the Commissioners of Finance to invest the same in Baltimore city stock heretofore author- ized to be issued at par as a sinking fund to be known by the name of the “Enoch Pratt Free Library Sinking Fund.'' *Notk. — T his Ordinance was duly adopted by popular vote on the 4th Wednesday of October, 1882. ART. 26.] PRATT FREE EIBRARY— ORDINANCES. 1001 Ord. 64, May 14, 1883. City Code, (1893) Art. 39, Sec. 4. 4 . The interest upon said investment so as aforesaid investment of directed to be made, shall also be invested from time to thereon, time, as the same shall be received in the public debt of the city of Baltimore, and such investments of said interest, and of the interest upon said interest, shall also constitute a part of said sinking fund ; and said investment of said interest, and of interest on said interest, shall continue so to be made in the public debt of the city of Baltimore until the annual income from said investments shall reach the sum of fifty thousand dollars ; and in the meanwhile, the sum of fifty thousand dollars, to pay said annuity, shall be levied for as other city taxes are levied. Ord. 64, May 14, 1883. City Code, (1893) Art. 39, Sec. 5. 5. When the said annual income upon the investments investments to in said sinking fund shall reach the sum of fifty thousand Stlre^t^^” dollars, the making of said investments for said purpose shall cease, and the said annual income of fifty thousand dollars arising therefrom shall be thereafter appropriated and applied to the payment of the annuity of fifty thousand dollars to the trustees of the “Enoch Pratt Free Library of Baltimore City,’' and all taxation for the purpose of raising said annuity of fifty thousand dollars for such purpose, shall cease and be discontinued. 1002 PUBI.IC BATHS — ORDINANCKS. [art. 27. To appoint a commission. Powers. To control, maintain and operate free public baths. ARTICLE XXVII. PUBLIC BATHS. ORDINANCES. Free Public Bath Commission. 1. Mayor to appoint commission of seven persons. 2. Powers and authority of com- mission. 3. To control, maintain and operate the free public baths; to make rules and regulations. 4. To make annual report and account for monies to Mayor and City CounciK 5. Property conveyed by Henry Walters to be maintained as public baths and laundries. FREE PUBLIC BATH COMMISSION. Ord. 54, May 9. 1900. 1 . The Mayor shall appoint in the mode prescribed in section 25 of the City Charter, Article 4, Public Local Laws, a commission of seven persons, who shall serve without pay, which shall constitute a Board of Commis- sioners to be styled the ‘ ‘Free Public Bath Commission of Baltimore City.'' Ord. 54, May 9, 1900. 2 . The said “Free Public Bath Commission," shall have such powers as are conferred by this Article, as well as such other powers as may be conferred by any and all subsequent ordinances of the Mayor and City Council of Baltimore. Ord. 54, May 9, 1900. 3 . The said “Free Public Bath Commission" shall have the power to superintend, direct, maintain and operate, all the free public baths now established or to be hereafter established in the city of Baltimore, and owned by the said ART. 27 .] FREE PUBEIC BATH COMMISSION — ORDINANCES. 1003 city of Baltimore, under such rules and regulations as said commission may deem best suited for carrying out the objects of the said free baths. Ord. 54, May 9, 1900. 4 . The said commission shall annually make a report toTomakeanan- nual report. the Mayor and City Council of Baltimore of their proceed- ings and of the condition of the baths under their care, with a full account of the money received and expended by them. Ord. 36, March 5, 1900. Ord. 121, February 12, 1903. 5. All the property heretofore conveyed by Henry Walters, Esquire, to the said Mayor and City Council of Baltimore shall be maintained by the Mayor and City Council of Baltimore as public baths and laundries, and in the event that the Mayor and City Council of Baltimore shall at any pubUc baths, time find it expedient to dispose of any of said property, or the improvements thereupon, or both, so conveyed to the said Mayor and City Council of Baltimore by the said Henry Walters, Esquire, the said Mayor and City Council of Baltimore will use the money or other property received from the sale or other disposition of any said property, or improvements, in the erection and equipment of public baths or laundries. 1004 PUBLIC BUILDINGS— ORDINANCES. [art. 28. Buildings in charge of Superintend- ent of Pub- lic Build- ings. Bond. ARTICLE XXVIII. PUBLIC BUILDINGS. ORDINANCES. Superintendent of Public Buildings. 1. Buildings in charge of super- intendent; his bond. 2. Number and salaries of em- ployes in public buildings; City Hall; City Hall annex; New Court House. 3. Employes of any of said build- ings to perform service in any other of said buildings. 4. Substitute watchman to be ap- proved by superintendent. Absence From Duty. 5. Employes not to be absent with- out permission of Superinten- dent. Flags on Public Buildings. 6. American flag to be raised on all legal holidays; to be at half-mast on Memorial Da3^ SUPERINTENDENT OF PUBLIC BUILDINGS.** Ord. 6, February 27, 1896. Ord. 7, February 27, 1896. Ord. 9, Feb- ruary 27, 1896. Ord. 16, March 9, 1896. Ord. 27, December 29, 1899. Ord. 20, November 18, 1903. Ord. 84, March 5, 1906. 1 . The Superintendent of Public Buildings shall have charge of such buildings, in addition to those designated in the Charter of the city of Baltimore, section 207, as may be placed under his charge by the Mayor and City Council of Baltimore, and before entering upon the dis- charge of his duties, he shall execute a bond in the sum of ten thousand dollars ($10,000) for the faithful discharge of his trust. **Note. — Court House Watchmen . — The municipality is exempt from responsibility for the neglect or wrongful acts of watchmen or servants, as is also the head of the department appointing them, in case of such persons selected to preserve order and decorum in a court house. Wood v. Mayor, etc., Baltimore, Daily Record, May 2 1905. ART. 28 .] EMPLOYES — ORDINANCES . 1005 Employes. Ord. 9, February 27, 1896. Ord. 20, November 18, 1903. Ord. 84, March 5, 1906. 2. Until otherwise provided by ordinance, the number Number and and pay per annum of the assistant and employes of the employes in Superintendent of Public Buildings shall be as follows : City Hall. Janitor and clerk to the Superintendent, nine hundred dollars ($900). Three watchmen at seven hundred and twenty dollars ($720) each. Three firemen at nine hun- dred dollars ($900) each. Two laborers at five hundred and twenty dollars ($520) each. Elevator conductor, seven hundred and twenty dollars ($720). Superintendent of charwomen four hundred and eighty dollars ($480) . Six- teen charwomen at* three hundred dollars ($300) each. Window washer, five hundred and twenty dollars ($520). City Hall Annex. Janitor and fireman, six hundred and thirty dollars ($630). Watchman, seven hundred and twenty dollars ($720). Three charwomen, at three hundred dollars ($300) each. New Court House. Assistant Superintendent Courthouse, twelve hundred dollars ($1,200). Chief Electrician, twelve hundred dol- lars ($1,200) . Two assistant electricians, nine hundred dol- lars ($900) each. Chief Engineer, twelve hundred dollars ($1,200). Two assistant engineers, nine hundred dollars (900) each. Three firemen, nine hundred dollars ($900) each. Three oilers, six hundred dollars ($600) each. Three coal passers, work every day, six hundred and eight dollars and thirty-three cents ($608.33) each. Janitor, seven hundred and twenty dollars ($720). Six watchmen, seven hundred and twenty dollars ($720) each. Five 1006 PUBIvIC BUILDINGS — ORDINANCES. [art. 28. Employes to perform work in any building con- trolled by city. Substitutes of night watch- men. Permit from Superintend ent of Pub- lic Build- ings neces- sary. Flags to be raised on all municipal buildings on legal holi- days, etc. elevator conductors, seven hundred and twenty dollars ($720) each. Three laborers, five hundred and twenty dollars ($520) each. Three window washers, five hundred and twenty dollars ($520) each. Court matron, three hundred dollars ($300). Superintendent of charwomen, four hundred and eighty dollars ($480). Twenty- nine charwomen, three hundred dollars ($300) each. Furniture polisher, six hundred dollars ($600). Two marble polish- ers, five hundred and eighty dollars ($580) each. Ord. 20, November 18, 1903. Ord. 84, March 5, 1906. 3 . The Superintendent of Public Buildings is authorized and empowered to require any of the employes for either of said buildings to perform work and render service in the other of said buildings, or in any building that may be placed in his charge by the Mayor and City Council of Baltimore. City Code, (1879) Art. 10, Sec. 5. City Code, (1893) Art. 10, Sec. 5. 4 . Neither the day nor the night watchman shall place any substitute on duty when sickness or other circumstances may render their absence necessary, unless such substitute shall first be approved by the Superintendent of Public Buildings. Absence from Duty, City Code, (1879) Art. 10, Sec. 7. City Code, (1893) Art. 10, Sec. 8. 5 . None of the foregoing employes shall absent them- selves from duty without the permission of the Superin- tendent of Public Buildings. FLAGS ON PUBLIC BUILDINGS. Ord. 29, April 9, 1895. 6 . The Superintendent of Public Buildings shall cause to be raised the American flag on the public buildings belonging to and used by the municipal government of the city on each and every legal holiday during the year, and also to be raised at half-mast on the 30th day of May, (known as Memorial Day) . ART. 29.] RUBRIC PRINTER — ORDINANCES. 1007 ARTICLE XXIX. PUBLIC PRINTER. ORDINANCES. Joint Standing Committee on Stationery and Printing. 1. Appointment of Committee; how constituted; duties. Specifications for Printing. 2. Duties of Public Printer; com- pensation. 3. Chairman of Joint Standing Committee on Printing to issue orders for printing; chief clerk of Second Branch to keep copies of orders; work to be delivered under direction of committee. 4. Bills to have attached orders for work charged for; to be ap- proved by committee. 5. Specifications for size of type and page for journals, ordinan- ces, etc. Journals. 6. Number of copies; number of editions and style of printing; specifications for first edition; one copy of same to be mailed daily to each member of Coun- cil; specifications for second edition. Prices. 7. Prices for composition, correc- tions, paper, press- work, etc.; pages for body; for index; blank page ; additional copies; postage. 8. Binding, half sheep; full sheep. Ordinances and Resolutions. 9. Number of copies to be printed. Prices. 10. Composition, etc.; body pages; index pages; blank pages; full sheep binding. Mayor’s Message and Department Reports. 11. Number of copies to be printed; size and quality of paper; 150 copies in full sheep bind- ing; 50 copies in half-Turkey morocco. Prices. 12. Composition, press-work, etc.; 10-point type pages; 8-point type; 8-point tabular; pages exceeding standard; inset pages; full sheep binding; half-Turkey morocco. Additional Copies of Mayor’s Mes- sage and Department Reports. 13. To be printed and bound at same time as originals; print- ing and binding in discretion of committee. 1008 PUBLIC PRINTER — ORDINANCES. [art. 29. Prices. 14. Paper; paper and press-work for first 100 copies; same for each additional 100 copies; for each additional 100 copies of Mayor’s message; binding; binding for each additional 100 copies. 15. Binding specifications; prices for binding. Miscellaneous. 16. Specifications for card folder and lists; prices for same; ‘ ‘yea and nay” blanks; lists of com- mittees, etc. Indexer. 17. President of Second Branch to employ competent indexer ; compensation; to prepare in- dexes; indexes to be inserted by Public Printer. JOINT STANDING COMMITTEE ON STATIONERY AND PRINTING. Ord. 2, September 11, 1899. ^Sf?omlSiuL There shall be appointed, as other joint standing committees are appointed, three members of the Council from each Branch to constitute the Joint Standing Com- mittee of Printing and Stationery, who shall order all printing or other articles required by the Council, and examine and approve all bills for the execution of the same. SPECIFICATIONS FOR PRINTING. Ord. 2, September 11, 1899. 2. The Public Printer shall execute work in accordance with the specifications in the succeeding sections of this ^wJrk of Pub- Article only when ordered, as herein provided, and in the he Printer, required by the Joint Standing Committee on Printing, and he shall be paid for all such work at the prices and upon the conditions named in the succeeding sections of this Article. Ord. 2, September 11, 1899. 3. Every order must be issued in writing and signed by the chairman of the Joint Standing Committee on Printing. The chief clerk of the Second Branch shall Relating to orders. ART. 29.] JOURNALS— ORDINANCES. 1009 keep on file all copies of all orders. All work shall be delivered under the direction of the Joint Standing Com- mittee on Printing, and must be receipted for on delivery. Ord. 2, September 11, 1899. 4 . Bills rendered must have attached the orders and receipt for the work charged for, and must be approved by the Joint Standing Committee on Printing. Ord. 2, .September 11, 1899. 5. The size of the page and the size of the type page are to be uniform for the journals, ordinances and resolu- tions, department reports. Mayor’s messages, and any other pamphlet or book- work ; and the paper is to be the Relating to^s^e same in all respects, as specified below, unless otherwise page, directed by the committee. Size of page, 5^x9 inches, trimmed. Size of type page, 3^x6^ inches. Paper, 24x38, 60 lbs., super-calendered, white. No. 1. Cover paper, 20x25, 48 lbs. , color to be selected. JOURNALS. Ord. 2, September 11, 1899. 6. Two hundred and eighty-four copies of the journal to be of the First Branch of the City Council ; two hundred and p”«ted. eighty-four copies of the journal of the Second Branch of the City Council ; to be printed in two editions, both of which are to be set solid, corresponding to the present ^styie"of prfnt- bound volumes of the close journal, and to be charged for on the basis of the paging of the close journal. First Edition: 133 copies of each journal for daily use First edition, during the session; to have wire-stitched binding, trimmed, without cover, and one of such copies to be wrapped and mailed daily to each of the 33 members of the Council, postage prepaid. 1010 PUBIvIC PRINTER — ORDINANCES. [art. 29. Second edi- tion. Prices. Binding-. Number of copies. Second Edition : including corrections : 150 copies of each, to be flat in sheets, and one copy of each to be printed on writing paper, with space at the end of each day’s proceedings for the signature of the president and clerk of the respective Branches ; second edition to contain index. Prices. Orel. 2, September 11, 1899. 7. For composition, corrections, paper, press- work and wire-stitched binding : Pages in 11-point type (for body), set solid, $1.25 per page. Pages set in 8-point type, for index, $1.60 per page. Blank pages not to be charged. Additional copies, ordered at same time, per 100, folded and wire-stitched, 15 cents per page. Postage to be charged at cost. Ord. 2, September 11, 1899. 8 . Binding 150 copies of each journal, half sheep, paper sides, printed paper label, 50 cents per copy. Binding the two copies printed on writing paper, one for each Branch,, in full sheep, with leather title labels, $1.50 per copy. ORDINANCES AND RESOLUTIONS. Ord. 2, September 11, 1899. 9 . Two hundred copies of ordinances and resolutions of the Mayor and City Council of Baltimore. Prices. Ord. 2, September 11, 1899. 10 . For composition, paper and press-work : Pages set in 11-point type, including side notes, $1.10 per page. Pages set in 8-point type, for index, $1.40 per page. Blank pages not to be charged. Binding in full sheep, black leather title label, 50 cents, per copy. Prices ART. 29 .] mayor’s message AND REPORTS — ORDINANCES. 1011 MAYOR’S MESSAGE AND DEPARTMENT REPORTS. Orel. 2, September 11, 1899. 11. There shall be printed 200 copies of the Mayor’s Message and each of the reports required to be made to the Mayor and City Council of Baltimore on paper 24x38, 60-lb. super-calendered book, white. No. 1 ; 150 copies are to be bound in full sheep, black title label, and 50 copies are to be bound in half-Turkey morocco, gilt top. Prices. Orel, 2, September 11, 1899. 12 . For composition, paper and press- work for the said 200 copies : Pages set in 10-point type, with 2-point lead, $1.20 per prices, page. Pages set in 8-point type, $1.45 per page. Pages set in 8-point type, tabular, $2.20 per page. Type pages covering more space than the standard page to be charged in proportion. Inset pages to be charged at the rate of $3.50 for a standard page. Binding in full sheep, black title label, 75 cents per copy. Binding in half-Turkey morocco, gilt top, $1.75 per copy. ADDITIONAL COPIES OF MAYOR’S MESSAGE AND DEPARTMENT REPORTS. Ord. 2, September 11, 1899. 13 . The additional copies of Mayor’s message and de- partment reports are to be printed at the same time the originals are printed, and are to be bound in the discretion of the committee, with printed paper covers, or full cloth, with side titles in gold. Prices. Ord. 2, September 11, 1899. 14 . Paper, 24x38, 60-lb. super-calendered, No. 1 book, white. 1012 Prices. Binding. Folders and lists. Prices. President Sec- ond Branch to employ competent indexer. PUBlvIC PRINTER — ORDINANCES. [arT. 29. For paper and press-work for the first 100 copies of re- ports, 20 cents per page. For each additional 100 copies of reports, 5 cents per page. For each additional 100 copies of Mayor^s message above the original 200, cents per page. For printed paper cover, including binding same, for 100 copies, $2.50 complete. For each additional 100 copies, $1 complete. Ord. 2, September 11, 1899. 15. Binding in full cloth, with side title in gold, for 25 books, 25 cents per copy complete ; for each additional copy, 20 cents per copy complete. MISCELLANEOUS. Ord. 2, September 11, 1899. 16 . One thousand copies card folder, 4 pages ; size 3Hx5H inches when folded ; on 160-lb. bristol board ; containing lists of members of City Council, officers, mem- bers, etc.; complete $14.75. More or less copies per 100, 75 cents ; one thousand “yea and nay'' blanks, per 1,000, $1.50; one thousand “yea and nay in convention", $2; two hundred cards, lists of committees of City Council, printed on best 160-lb. bristol board, $7 ; more or less copies per 100, $1. INDEXER. Ord. 2, September 11, 1899. 17 . The President of the Second Branch of the City Council is hereby authorized to employ a competent in- dexer, at the expense of not more than $250, to prepare indexes for the bound volumes of the First and Second Branch journals, and the bound volumes of ordinances and resolutions, and the bound volumes of reports and Mayor's message, known as the “Appendix", for insertion in said volumes by the Public Printer. ART. 30.] RAILROADS AND RAILWAYS — ORDINANCES. loia ARTICLE XXX. RAILROADS AND RAILWAYS. ORDINANCES. Steam Railroads. Cars of Steam Railroads. 1 . Cars remaining unused in streets to be chained or otherwise secured; penalty for failure to secure such cars; penalty for permitting cars to remain in streets on Sunday; proviso as to cars used in making re- pairs. 2. Authorized persons only to put cars in motion or remove fast- enings; penalty. 3. Loading and unloading cars in streets without consent of owners of property opposite point of unloading unlawful; penalty. 4. Cars not to be so placed as to obstruct passage on flag-stones at cross streets; penalty. 5. Cars not to be placed in turnouts or switches so as to obstruct passage along streets; penalty. 6. Cars left standing in streets not to obstruct passage across such street within block; space to be left between such cars in middle of block; penalty. 7. Rate of speed in streets for passenger, burden and other cars; speed at grades; not to move without brakeman and driver; penalty, 8. Carts, drays, etc., to travel and pass on right hand side in streets wherein railroad tracks are laid; exception. 9. Not more than three cars to- gether to be moved down grades by gravit}-; penalty. 10. Minors not to jump on or off cars in motion; penalty. Tracks a7id Switches. 11. To be laid with paving or planking between rails. 12. To be kept in good condition; penalty; when repairs neglect- ed by owners. City Engineer to have same made at expense of owner. Locomotive Engines. 13. In what streets and by whom same may be used. 14. Precautions required in such use; man to ride on front end; speed; to ring bell when ap- proaching cross streets; where whistle may be used; penalty. 15. Penalty for unauthorized use of engines in streets. 16. Use of wood permitted for generating steam; proviso as to right to withdraw such per- mission by Mayor and City Council. 17. Provisions of this sub-division to apply to all engines now in Use and to be used in future. 1014 RAILROADS AND RAILWAYS — ORDINANCES. [aRT. 30. Construction of Railroads and Railways. 18. Cit}" Engineer to examine tracks and report defects to Mayor; duty of Mayor where tracks are improperly laid. 19. Where tracks cause obstruction in street Mayor may have removed or altered; owner of tracks to have notice and reasonable time to alter; on neglect of notice City Engi- neer to do work at expense of owners; collection of cost. 20. Duty of City Engineer where gutters are obstructed by im- proper construction; notice to owners; on neglect of notice City Engineer to re- move obstructions at owners’ expense. 21. Penalty for construction caus- ing obstruction. Street Passenger Railways. All Night Cars. 22. Intervals for running all night cars; penalty for failing to run cars as herein provided. Railway Bed and Tracks. 23. Requirements for construction of tracks over city bridges; penalty for construction not in accordance therewith. 24. Streets between tracks and for two feet on each side to be kept in repair by railway com- panies; not to obstruct other portions of street in freeing tracks from snow, etc.; pen- alty for such obstruction. 25. In future grants of right to lay tracks it shall be the dut}' of such grantee to keep street in repair as aforesaid whether same is made a condition of grant or not; also liable for costs of paving and repaving. 26. When streets occupied by tracks are in bad condition owners of such tracks to have notice thereof; when notice neglected City Engineer to repair at expense of owners; also liable for penalty. 27. Sand or gravel may be used on grades and curves; penalty. 28. Railway companies to sprinkle streets between first of May and first of November. 29. Penalty for neglect to sprinkle streets when ordered so to do by Commissioner of Street Cleaning. Rules For Street Cars in Motion. 30. Speed through markets not to exceed four miles per hour; penalty for greater speed. 31. All cars to stop before reaching steam railroad, etc., cross- ings; duty of conductor; pen- alty. 32. Speed in crossing open streets; penalty for greater speed. 33. Street cars to stop for pas- sengers on far side of cross- ings; proviso as to necessary stops on near side. 34. Penalty for stopping on near side. 35. Cars to stop on near side of engine and hook and ladder houses. 36. Penalty for failure to stop at engine, etc., houses. 37. Cars not to remain standing in streets. ART. 30.] STEAM RAILROADS — ORDINANCES. 1015 Trolley and Brakes. 38. Pulling off trolley or interfer- ing with rope forbidden; ap- plication of brakes by un- authorized persons prohibited ; penalty. Safety Devices on Cars. 39. Car fenders to be provided; to have front and wheel guards; compliance of same with re- quirements to be certified to by Mayor, City Register and City Engineer. 40. Penalty for failure to provide fenders. 41 . Ends of cars to be provided with vestibules between first of December and first of April; no non-vestibule cars to be run during said period. 42. Penalty for running cars dur- ing said period without vesti- bules. 43. Wheels of trailer cars to be protected by guards. 44. Penalt}^ for running trailers without guards. Riy^ht of Way on Tracks. 45. Vehicles not to delay cars; penalty for neglect or refusal of drivers to give way to cars. 46. Vehicles going in same direc- tion with cars have right of way over vehicles going in opposite direction; penalty for improper use of tracks by vehicles. 47. Recovery of fines and penalties imposed for the violation of the provisions of this Article. STEAM RAILROADS. Cars of Steam Railroads. City Code, (1879) Art. 40, Sec. 1. City Code, (1893) Art. 41, Sec. 1. 1 . It shall not be lawful for any railroad company, or any other person or persons, firm or corporation, owning when and how any car or cars, to permit such car or cars, when not in actual service, to remain in any paved street for a longer ^ period than one hour, unless there be some chain or other fastening affixed to the wheels of every such car, except when several cars may be connected together, in which case the said chain or fastening shall be attached to one of the said cars, so as to prevent the car or cars from being moved by any person or persons without violently breaking or re- moving the said chain or other fastening, and keep the said chain or fastening affixed as aforesaid, until the same may be regularly removed by the agent or person in the actual service of the said company, person or persons, firm or corporation, owner or owners of any such car; and for every violation of the provisions of 1016 RAILROADS AND RAILWAYS — ORDINANCES. [aRT. 30. Only author- ized persons to put cars ii motion. Loading and unloading of cars. this section, the company, person or persons, firm, cor- poration, owner or owners of the car or cars so remain- ing and not chained or fastened as aforesaid, shall for- feit and pay, for each and every violation thereof, not less than one nor more than twenty dollars; and any person or persons, firm or corporation, owner or owners, as aforesaid, who shall permit any car to remain in any paved street on Sunday, shall forfeit and pay five dollars for every car so remaining; provided, this section shall not be extended to cars engaged in the operation of making or repairing any railways or pavements within the city. City Code, (1879) Art. 40, Sec. 2. City Code, (1893) Art. 41, Sec. 2. 2 . It shall not be lawful for any person, other than an agent or person in the actual service or employ of the I railroad company, or other person or persons, firm or corporation, owning any car or other carriage on any railway within the city, without the consent or permission of the person rightfully having charge of the particular car, to put, attempt or assist to put any car in motion on any railway within the city, or to go on or into, or attempt, or assist any other person to get on or into any such car, or to remove, unfasten or break, or attempt or assist to remove, or unfasten or break any chain, lock or other fastening by which any such car or carriage shall be fastened or restrained from motion, or from being put in motion; and any person violating any of the provisions of this section shall forfeit and pay a sum not less than one nor more than twenty dollars. City Code, (1879) Art. 40, Sec. 3. City Code. (1893) Art. 41, Sec. 3. 3 . It shall not be lawful for any railroad company or any person or persons, firm or corporation, to load or unload any railroad car in any of the streets, lanes, or alleys of the city, except at the several depots, or by the consent of the occupiers of houses or lots immediately opposite their respective premises; or load or unload coal, on or from any railroad car or cars, on any of the streets, lanes or alleys of the city, unless by the consent of the ART. 30.] STEAM RAILROADS — ORDINANCES. 1017 occupants of houses or lots opposite to the point where said persons may wish to load or unload said car or cars, under a penalty of five dollars for each and every offence. City Code^ (1879) Art. 40, Sec. 4. City Code, (1893) Art. 41, Sec. 4. 4 . It shall not be lawful for any railroad company, or any other person or persons, firm or corporation, owning any car or cars, to place or cause to be placed any passen- ger car, burden car, wagon or other vehicle on any railroad within the city limits, in such manner as to obstruct the passage of foot passengers on any of the flag-stones at any of the cross streets within said limits, under a penalty of five dollars for each and every offence, and a further penalty of five dollars for any car which may remain for an hour after notice given to remove the same. City Code, (1879) Art. 40, Sec. 5. City Code, (1893) Art. 41, Sec. 5. 5 . It shall not be lawful for any railroad company, obstructions person or persons. Arm or corporation, to place any railroad [JrnSftJand cars of any description, on any turnout or private switch switches, within the city limits, in such manner as to obstruct the free passage along the line of the street between the rail- road and the footway, under a penalty of five dollars for each and every offence. City Code, (1879) Art. 40, Sec. 6. City Code, (1893) Art. 41, Sec. 6. 6. It. shall not be lawful for any railroad company, obstructions person or persons. Arm or corporation, to place any railroad sen°e^s^S’d cars of any description, along the line of any street, in vehicles, such manner as to prevent the passage of foot passengers, carts or drays, from one side of the street to the other, on any one square occupied by railroad cars; but in all cases, the company, person or persons. Arm or corporation, so occupying the street with railroad cars, shall leave an opening or space of not less than twenty feet, at or near the centre of the square, or at equal distances from the two nearest cross streets, under a penalty of not less than ten dollars for each and every offence. McMahon v. N. C. Ry. Co., 39 Md. 460. 1018 RAILROADS AND RAILWAYS — ORDINANCES. [aRT. 30. City Code, (1879) Art. 40, Sec. 7. City Code, (1893) Art. 41, Secs. 7, 17. Rate of speed. 7. No passGnger, burden OL Other Car s shall be driven, hauled or propelled on any of the railroads or railways within the city limits, (except in ascending the heavy grades of streets, which may require a greater speed, when the rate shall not exceed six miles an hour, ) at any faster gait or speed than a walk, and at no time move without a brakeman, in addition to the driver, under the penalty for each and every offence of twenty dollars, except as provided in section 14 of this Article. B. & O. R. R. Co. V. Bahrs, 28 Md. 647; B. & O. R. R. Co. State use of Miller, 29 Md. 252; B. C. P. Ry. Co. v. McDonald, 43 Md. 535. City Code, (1879) Art. 40, Sec. 8. City Code, (1893) Art. 41, Sec. 8. ^paStothe shall be the duty of every person or persons hav- right. ing charge of or driving any cart, dray, wagon or other carriage, which shall be passing on or along any street in which any railroad is or shall be laid within the city, to travel or pass only on the right hand side, between the curb stone and the track of the railroad, except when prevented by some obstruction in the street, or when it shall be necessary, for any sufficient cause, to cross or pass over such railway to the opposite side. City Code, (1879) Art. 40, Sec. 9. City Code, (1893) Art. 41, Sec. 9. ^do^^graSs. 9. It shall not be lawful for any person or persons, corporation or firm, to move or cause to be moved, more than two railroad cars in connection, upon any railroad track leading through any of the streets of the city, where the descent of said road does not require the aid of pro- pelling power, under the penalty of twenty dollars for each and every offence. City Code, (1879) Art. 40, Sec. 10. City Code, (1893) Art. 41, Sec. 10. Minors jump- 10. It shall not be lawful for any minor not in the employ of the railroad company, to jump on or from any car of steam railways, whilst such car is in motion, under a penalty of one dollar for every such offence. ART. 30 .] LOCOMOTIVE ENGINES — ORDINANCES. 1019 Tracks and Switches. City Code, (1879) Art. 40, Sec. 11. City Code, (1893) Art. 41, Sec. 11. 11. All railroad tracks and switches now laid, and those Howto be laid, that may be hereafter laid in any of the streets, lanes or alleys in the city of Baltimore, shall be filled up between the rails thereof within one and a half inches of the top of the iron rails, and raised with a convex form in the centre even with the top of said rails, with good even stone pave- ments, or by planking the same with two inch oak plank. City Code, (1879) Art. 40, Sec. 12. City Code, (1893) Art. 41, Sec. 12. 12. The owners and occupiers of all railroads and to be kept in switches above referred to shall at all times keep them in fS^n. good condition, as prescribed by the next preceding section of this Article, under a penalty of ten dollars for every day (after notice shall have been given) that any part thereof shall, in the opinion of the City Engineer, require repairing; and in case of the neglect or refusal to do the same within the time specified in said notice, then the City Engineer shall have the same done in a good and sufficient manner, at the expense of said owner or occupier. * Locomotive Engines. City Code, (1879) Art. 40, Sec. 13. City Code, (1893) Art. 41, Sec. 13. 13. The Northern Central Railway Company is hereby authorized to use locomotive engines, adapted to a low speed, streets, on the railroad track on North street, to and from Calvert station; the Baltimore and Ohio Railroad Company is authorized to use locomotive steam power upon its tracks between the city limits and Camden station, and along Pratt street, upon its track, from Howard street to the Mount Clare station; and the Philadelphia, Baltimore and Washington Railroad Company is authorized to use locomo- *Note. — A s to removal of dangerous switches, see, B. & O. R. R. Co. V. Baltimore City, 98 Md. 535. ;i020 RAILROADS AND RAILWAYS— ORDINANCES. [arT. 30. iPrecautions such use. Penalty. tive engines on its railway tracks, between the eastern boundary line of the city and its depot at the intersection of Canton avenue and President street. City Code, (1879) Art. 40, Sec. 14. City Code, (1893) Art. 41, Sec. 14- in 14 . When a locomotive engine is used within the limits of the city, a man shall be required to ride on the front of the locomotive engine when going forward, and when go- ing backward, on the tender, not more than twelve inches from the bed of the road; nor shall any locomotive engine be propelled at a greater rate of speed than five miles per hour, except when there are grades requiring a greater speed, and then it shall not exceed the rate of six miles per hour; and . the person or persons having charge of such locomotive engine, shall ring a bell when approaching any and every cross street, and no steam whistle attached to any locomotive engine shall be used within the limits of the city, except at the Mount Clare and Camden stations, and between said stations and the city limits; for any vio- lation of the conditions herein set forth, the company so violating shall forfeit and pay the sum of ten dollars for each and every offence.* City Code, (1879) Art. 40, Sec. 15. City Code, (1893) Art. 41, Sec. 15. 15. If any railroad company shall use or cause to be used any locomotive engine or engines propelled by steam on any railroad track within the city of Baltimore, other than those where authorized by ordinance of the city, the company shall forfeit and pay for every such offence, the sum of twenty dollars, to be collected as other fines and penalties of the city. *Note. — A s to violation of provisions of section 14, supra, and liability arising from violation of speed ordinances, see, B. & O. R. R. v. State use of Allison, 62 Md. 489. P., W. & B. R. R. Stebbing, 62 Md. 515. B. & O. R. R. V. Mali, 66 Md. 53. B. & O. R. R. v. State, 69 Md. 556. State V. B. & O. R. R., 69 Md. 346. Reidel v. P., W. &B. R. R. Co., 87 Md. 157. ART. 30.] CONSTRUCTION OF RAILROADS — ORDINANCES. 1021 City Code, (1879) Art. 40, Sec. 16. City Code, (1893) Art. 41, Sec. 16. 16. Privilege is granted the several railroad companies u^eof^wood^for to use wood as well as coal or coke as a fuel for steam steam, within the limits of the city of Baltimore; provided, how- ever, that nothing herein contained shall be so construed as to prevent the Mayor and City Council of Baltimore from repealing all or any of the provisions of this section, whenever they may deem it expedient. City Code, (1879) Art. 40, Sec. 18. City Code, (1893) Art. 41, Sec. 18. 1 7. This sub-division of this Article is intended to apply xobe appuca- to all locomotive engines that now are or may hereafter be used within the limits of the city of Baltimore. CONSTRUCTION OF RAILROADS AND RAILWAYS. City Code, (1879) Art. 40, Sec. 19. City Code, (1893) Art. 41, Sec. 19. 18. It shall be the duty of the City Engineer from time construction to time to examine the construction of the several railway tracks authorized by ordinances to be laid within the limits of the city, and to report to the Mayor any obstruction or impediment to the ordinary use of any street or streets, caused by the said tracks being improperly laid and not being in conformity with the provisions of the ordinances authorizing their construction; and it shall be the duty of the Mayor to enforce the ordinance or ordinances relating to the removal of said tracks, unless in his judgment the remedy shall be furnished by the enactment contained in the next succeeding section. City Code, (1879) Art. 40, Sec. 20. City Code, (1893) Art. 41, Sec. 20. 19. It shall and may be lawful for the Mayor of the Removal or ai- city to exercise his discretion in all cases where an obstruc- {rSlT tion or impediment is caused by the mode of construction of any railway within the city, to the ordinary use of said street, to have the said track entirely removed, or to have the said track so altered or arranged as to abate the evil complained of, by giving notice to said companies or owners 1022 RAILROADS AND RAILWAYS — ORDINANCES. [aRT. 30. Obstruction of gutters. Penalty. Intervals for running all night cars. of said railway tracks, who shall be allowed a reasonable time to make said alteration under the direction of the City Engineer; and upon a failure on the part of said companies or owners to comply with the requirements of said notice, it shall be the duty of the City Engineer to have the said work done, and the bills shall be collected from the owners of said railway tracks by legal proceedings, if the same shall be disputed or remain unpaid for the space of thirty days. City Code, (1879) Art. 40, Sec. 21. City Code, (1893) Art. 41, vSec. 21. 20 . It shall be the duty of the City Engineer to examine the construction of said railways, and enforce strictly all the provisions of ordinances relating to the obstruction of the gutters caused by the laying of said railway tracks; and in all cases of obstruction and impediments of any kind arising from the improper construction of railway tracks, in which no other remedy is now provided by ordinance, it shall be the duty of the City Engineer to give notice to the owners of said railway tracks that unless the said ob- structions be removed or altered so as to remedy the evil complained of within a reasonable time, the City Engineer shall proceed to have the said railway reconstructed at the cost of the owners aforesaid. City Code, (1879) Art. 40, Sec. 22. City Code, (1893) Art. 41, Sec. 22. 21 . If at anytime hereafter any railway shall be con- structed within the limits of the city, in a mode or manner so as to obstruct the ordinary use of the street or streets in which the said railway shall be laid down, the owners of said railway shall be subject to a penalty of one hundred dollars, and be liable to a fine of five dollars for each and every day such obstructions shall be permitted to remain after notice of the City Engineer to remove the same. STREET PASSENGER RAILWAYS. All Night Cars. Ord.|182, March 30, 1899. 22 . The United Railways and Electric Company, the lawful successor of the Consolidated Railway Company is ART. 30 .] RAILWAY BED AND TRACKS — ORDINANCES. 1023 required to run cars over each of its following lines within the limits of the city of Baltimore, one each way each hour between the hours of one o'clock and five o’clock A. M., leaving each terminus on the hour: The Roland Park and Highland town Line, the Carey street and Fort Avenue Line between Fort McHenry and the Park Terminal at Druid Hill and Fulton avenues, the York Road and Frederick Road line, between Arlington Avenue and York Road and Irving- ton; and the said United Railways and Electric Company as the lawful successor of the Baltimore City Passenger Railway Company is required to run cars over each of its following lines within the limits of the city of Baltimore, one each way each hour between the hours of one o’clock and five o’clock A. M., leaving each terminus on the hour: The Gay Street Line, the Orleans Street Line between Light and Heath Streets and Patterson Park and North Avenues, the Green Line now known as the Pennsylvania Avenue and Canton Line, and the Harford Avenue cars connecting with the other line of cars at Gay and Lexington streets; and any failure to comply with the provisions and requirements of this section shall be punishable by a fine against the said United Railways and Electric Company its lawful successors or assigns of two hundred dollars penauy^foj^^ ($200) for each and every night it or they shall fail to run carsashere- provided. cars as hereinbefore provided on any one of the above mentioned lines or routes. Railway Bed and Tracks. City Code, (1879) Art. 40, Sec. 23. City Code, (1893) Art. 41, Sec. 30. 23. It shall not be lawful for any passenger railway street raii- company to construct any railway track over any of the bebuht bridges belonging to the city of Baltimore in any other bUdlJs. manner than by notching the regular form of rail, or by laying a bar, three-fourths to one inch in thickness, on the top of the floor of the bridges; and any person or persons or struction of body corporate who shall violate the provisions of this section, shall forfeit and pay a penalty of twenty dollars, and a further penalty of ten dollars for every day such 1024 RAII^ROADS AND RAILWAY — ORDINANCES. [arT. 30. violation shall be continued, to be recovered in the same manner as other fines and penalties are now recoverable. City Code, (1879) Art. 40, Sec. 37. City Code, (1893) Art. 41, Sec. 34. \weln^racks railway companies shall keep the streets and for two covered by said tracks, and extending- two feet on the side to be outer limits of either side of said tracks, in thorough pair. repair, at their own expense, and shall free the same from snow or other obstructions, in doing which they shall not cause to be obstructed the other portions of the street on either side of the railway tracks authorized by this Article to be constructed, and for non-compliance, the Mayor and City Council of Baltimore may impose such reasonable fines, not exceeding twenty dollars per square. Ord. 9, December 9, 1897. Railways to cases where rights or privileges may be SsfreeUn “ hereafter granted to any street railway to use or occupy Repair as the streets of Baltimore the railroad company or companies using the street shall be obliged in every case and shall assume the obligation, whether the same be provided for in the ordinance granting such rights or franchises or not, to keep the portion of the street over which their rails are laid, in repair between the tracks so laid and two feet on either side, and they shall pay the cost of paving and repaving that portion of said street or streets in every case where the street or streets may be paved or repaved by ordinance. Ord. 34, April 1, 1881. City Code, (1893) Art. 41, Sec. 35. Ord. 101, June 30, 1898. City Engineer 26. When in the judgment of the City Engineer any pair of strict, of the streets occupied by the street railway companies are in bad condition or out of repair between the rails and two feet outside of the outer rails, he shall notify the railway ^pany to^^r?’ company occupying the street to put the same in repair Sf 'lt?e?t within the limits above named; and if the City Engineer’s order is disregarded and the repairs called for are not made ART. 30 .] SPRINKLING STREETS — ORDINANCES. 1025 within ten (10) days of the date of the notice the City Engineer shall make the repairs and charge the cost thereof to the railway company, with ten per cent, added for supervision and use of tools, and shall take the necessary steps to collect said bill; and the railway company so neglecting, failing or refusing to make such repairs as the City Engineer directs, shall pay a fine of twenty dollars ($20) for every square or part thereof on the route or line penalty, of tracks of said company which it shall so neglect, fail or refuse to repair as directed. Ord. 118, November 5, 1887. Ord. 106, June 3, 1891. City Code, (1893) Art. 41, Sec. 36. 27 . The several street railway companies are authorized from time to time, to spread clean sand or gravel upon and to be used between their rails, in such curves and steep grades as the grades and Commissioner of Street Cleaning shall designate. Any person or corporation violating any of the provisions of this section shall forfeit and pay a fine of fifty dollars for each and every offence. Res. May 22, 1893. City Code, (1893) Art. 41, Sec. 60. Ord. 102, June 5, 1896. 28. The Commissioner of Street Cleaning is authorized and directed to require the various railway companies using the streets, avenues or lanes of the city to sprinkle thoroughly with water the streets, avenues or lanes along the lines of their railways, subject to such regulations as to time, manner and extent as he in his discretion may deem best, provided that no sprinkling shall be required to be done except between the first day of May and the first day of November in each year. Ord. 102, June 5, 1896. 29. Any railway neglecting or refusing to sprinkle said streets, avenues or lanes upon or in accordance with the order of said Commissioner of Street Cleaning, as provided 1026 RAILROADS AND RAILWAYS — ORDINANCES. [arT. 30. Penalty. Speed through markets. Steam railroad or rapid transit crossings. Penalty. Speed in crossing open streets. for in the next preceding section shall forfeit and pay a fine of not less than ten dollars ($10) nor more than twenty-five dollars ($25) for every time they shall so neglect or refuse to obey the order of said Commissioner of Street Cleaning. Rules for Street Cars in Motion. Ord. 134, May 8, 1893. City Code, (1893) Art. 41, Sec. 53. 30 . It shall not be lawful for any conlpany now or hereafter to be operated as a city passenger railway com- pany, to propel or haul its cars at a greater speed than four miles an hour while, passing through the legal limits of any of the city markets during market hours. For each and every violation of any of the provisions of this section, the offender, upon conviction thereof, shall be liable to a fine of ten dollars. Ord. 186, May 25, 1893. City Code, (1893) Art. 41, Sec. 52. 31 . All cars propelled by steam, electricity or other power, shall come to a full stop before reaching steam rail- road or rapid transit crossings, and must not start until the conductor has satisfied himself that the crossing is safe and given the bell to the motorman. Any person violating any of the provisions of this section shall be subject to a fine of five dollars for each and every offence. Ord. 157, May 12, 1893. 'City Code, (1893) Art. 41, Sec. 54. 32 . No traction, cable, electric or other city passenger railway car or cars not drawn by horse power shall cross any open street within the limits of the city of Baltimore, at a speed greater than six miles an hour ; for each and every violation of this section, the offender, upon convic- tion thereof shall be liable to a fine of five dollars and costs. Penalty. ART. 30 .] RUTKS FOR STRBKT CARS IN MOTION — ORDINANCBS. 1027 Ord. 119, May 4, 1893. City Code, (1893) Art. 41, Sec. 59. Ord. 224, March 15, 1905. 33. Each and every passenger street car in the city of cars to stop on Baltimore shall stop on the far side of the street crossing when stopping to take on passengers or to permit them to alight ; provided, however, that it shall not be obligatory upon the company operating such street car to take on passengers or permit them to alight on the near side when such car has come to a full stop before reaching steam railroad or rapid transit crossings. Ord. 224, March 15, 1905. 34. All companies operating passenger street cars in Penalty, the city of Baltimore which shall fail to comply with the provisions of the next preceding section of this Article, shall, upon conviction thereof, be liable to a fine of not less than five nor more than ten dollars for each and every failure. Ord. 104, May 28, 1894. 35. Any and all street cars in Baltimore city, when where cars propelled by horses, electricity, or other motive power, shall be stopped on the near side of, and before passing any engine or hook and ladder house of the Fire Department, so as to avoid accidents to the members and apparatus of the Fire Department when coming out of their respec- tive houses to answer alarms of fire. Ord. 104, May 28, 1894. 36. All city passenger railway companies now being operated as such, or which may be hereafter granted the privilege of so doing, who shall fail to comply with the 1028 RAII^ROADS and railways — ORDINANCES. [arT. 30. provisions of the next preceding section of this Article, shall, upon conviction thereof, be liable to a fine of not less than five nor more than ten dollars for each and every failure. City Code, (1879) Art. 40, Sec. 31. City Code, (1893) Art. 41, Sec. 32. 37. The cars running upon said railways shall not Cars not to remain standing on the line of their routes for passengers, standing on but shall be subject to all the police regulations which are tracks. hereafter be contained in the ordinances of the city, in regard to railway cars or other vehicles, so far as said regulations may be applicable thereto. Trolley and Brakes. Ord. 3, October 18, 1899. Prohibits the shsiW not be lawful for any unauthorized person Sr inteffeSng porsons, whether passengers or not, to intentionally or tronSy^^ pull or othorwiso interfere with the trolley or trolley rope so that the trolley wheel shall be pulled from the overhead trolley wire, or to apply or put on the brakes of any elec- tric street railway car within the limits of the city of Brakes. Baltimore, under a penalty of not less than five dollars nor more than twenty dollars. Penalty, Safety Devices on Cars. Ord. 129, May 8, 1893. Ord. 219, October 14, 1893. City Code, (1893) Art. 41, Secs. 55, 56. Ord. 140, October 6, 1894. Car fenders to 39. All city passongor railway companies using any of be provided, stroots of Baltimore for the purpose of running thereon street railway cars propelled by any species of mechanical traction, shall provide for each car or train of cars a car- fender or fenders with both front and wheel guards of a de- sign which the Mayor, City Register, and City Engineer shall have certified in writing over their signatures to, in ART. 30 .] SAFETY DEVICES ON CARS — ORDINANCES. 1029 their judgment, comply with the requirements set forth in the report made to the commission appointed under the provisions of Resolution of the Mayor and City Council of Baltimore No. 184, approved April 28, 1894, by Mendes Cohen, engineer to said commission. Ord. 140, October 6, 1894. 40 . A failure on the part of any of said companies Penaitj.. to comply with the provisions of the next preceding section of this Article, shall subject such company so in default to a fine or penalty of five dollars a day for each and every car operated without said fender or fenders. Ord. 181, March 30, 1899. Ord. 77, November 20, 1900. 41 . The companies operating lines of railways on the streets of the city are required to run cars during the period from the first day of December to the first day of April in each and every year, which shall be vestibuled by enclosing both ends of the cars from roof to dashboard, tibuied. excepting at the two sides of the platform, said enclosure to consist of glass and necessary frame work of wood or metal, and during the period mentioned it shall not be lawful for said companies to run any car on any of the streets occupied by their tracks within the limits of the city not so provided with the shelter aforesaid. Ord. 181, March 30, 1899. 42 . Any of the passenger railway companies operating Penalty for the lines of railway in the streets of the city which shall fail to comply with the requirements of the next preceding section of this Article by running cars anywhere within the city limits during the period aforesaid, as prescribed in the next preceding section of this Article, without having vestibuled or provided the said cars with shelter as described in the next preceding section for the purpose of pro- tecting the said motormen, conductors, and passengers 1030 RAII.ROADS AND RAILWAYS — ORDINANCES. [aRT. 30. from the rigors of the weather, as aforesaid, shall be liable to a penalty of fifty dollars ($50) for each and every trip made by any cars so run. Ord. 5, February 5, 1892. City Code, (1893) Art, 41, Sec. 57. Trailers to be It shall be the duty of all passenger railway com- panies within the city of Baltimore which shall use any cars as trailers, which are attached to and drawn after any other cars, to cause the wheels of such trailers to be protected by proper guards so as to prevent any person from being injured by said wheels. Ord. 5, February 5, 1892, City Code, (1893) Art. 41, Sec. 58. 44 . Any passenger railway company which shall use any trailers without the guards mentioned in the next preceding section, shall be subject to a penalty of five dollars for each and every day that any trailer without such guards shall be so used. Right of Way on Tracks. City Code, (1879) Art. 40, Sec. 81. City Code, (1893) Art. 41, Sec. 33. 45 . No person shall be allowed to use street vehicles on the tracks of any of the street passenger railways to the hindrance and delay of the cars, and all persons who, upon the call or signal of any driver, conductor or other car? P^rsous in charge of a car passing on its route, wilfully neglect or refuse to vacate said tracks, shall be subject to a fine of not more than ten dollars, nor less than five dollars. City Code, (1879) Art. 40, Secs. 24, 25, 26. City Code, (1893) Art. 41, Sec. 31. 46 . All vehicles going in the same direction, and upon the track with a passenger railway car, shall be entitled ^Ses^fracks. to the right of way of such track, and not compelled to leave ART 30.] NOTE ON RAIRROADS — ORDINANCES. 1031 the same for vehicles traveling in an opposite direction. This section shall not in any way conflict with the right of way already granted the several city passenger railway companies for the use of their tracks. Each and every person violating the provisions of this section, shall be liable to a penalty of two dollars. 47. All fines and penalties incurred by the violation of any of the provisions of this Article, shall be recovered as other fines and penalties imposed by ordinance are recover- poseg^for the able, and when collected shall be paid to the Comptroller. this Article. NOTE RELATING TO CERTAIN RAILROADS AND RAILWAYS. The following is a list of the ordinances and resolutions of the Mayor and City Council of Baltimore, heretofore duly passed, relating to the several railroad and railway companies respectively, under the corpo- rate titles of which they are respectively grouped:** RAILROADS. BALTIMORE AND OHIO RAILROAD COMPANY.! The several ordinances and resolutions relating to the Baltimore and Ohio Railroad Company are as follows : Res. 69, April 16, 1828. Ord. 28, March 28, 1829. Ord. 18, April 4, 1831. Ord. 34, April 25, 1831. Ord. 41, April 6, 1832. Ord. 42, April 26, 1836. Ord. 41, April 7, 1837. Ord. 9, February 28, 1843. Ord. 21, April 19, 1845. Ord. 37, May 2, 1845. Ord. 6, April 3, 1850. Ord. 22, May 10, 1850. Ord. 49, June 10, 1850. Ord. 75, July 22, 1852. Res. 175, July 22, 1852. Ord. 48, May 24, 1853. Ord. 6, December 16, 1853. Ord. 5, December 27, 1853. Ord. 38, May 18, 1860 Ord. 42, June 13, 1860. Ord. 101, October 18, 1860. Ord. 72, May 18, 1864. **Note. — For a table or tree showing the origin of the United Railways and Electric Company and the various consolidations of its constituent companies, see Appendix “D” at end of Code. fNoTE. — For prior compilations of ordinances relating to the Balti- more and Ohio Railroad Company, See^ City Code, (1879) Art. 40, Secs. 142-190. Supplement of 1885, Art. 40, Secs. 190A-190T. City Code, (1893) Art. 41, Sec. 23. 1032 RAII^ROADS AND RAILWAYS — ORDINANCES. [aRT. 30. Res. 200, October 22, 1864. Ord. 6, March 20, 1867. . Ord. 22, April 10, 1868. Ord. 52, July 17, 1869. Res: 198, April 10, 1873. Ord. 40, April 12, 1873. Res. 313, June 4, 1873. Res. 45, June 8, 1874. Res. 140, April 19, 1878. Res. 212, June 30, 1879. Ord. 34, March 20, 1880. Ord. 60, April 22, 1880. Ord. 100, May 11, 1880. Res. 148, May 11, 1880. Ord. 122, May 25, 1880. Ord. 146, October 22, 1880. Ord. 6, February 9, 1881. Ord. 39, April 5, 1881. Ord. 63, May 5, 1881. Ord. 98, May 21, 1881. Ord. 9, February 21, 1882. Ord. 7, February 23, 1882. Res. 48, March 1, 1882. Ord. 11, March 9, 1883. Res. 89, April 12, 1883. Ord. 41, April 25, 1883. Ord. 108, October 20, 1883. Ord. 119, June 2, 1884. Ord. 10, March 11, 1885. Ord. 16, March 18, 1885. Ord. 12, March 24, 1887. Ord. 7, March 14, 1888. Res. 80, April 14, 1888. Res. 76, May 14, 1889. Ord. 63, May 16, 1889. Ord. 87, June 7, 1889. Res. 119, June 8, 1889. Res. 149, May 1, 1893. Ord. 105, June 12, 1895. Res. 67, May 13, 1896. Ord. 133, September 4, 1896. Ord. 136, September 15, 1896. Res. 130, October 21, 1896. Ord. 5, February 5, 1897. Ord. 19, May 24, 1897. Ord. 20, May 24, 1897. Ord. 85, October 13, 1897. Ord. 15, March 3, 1898. Ord. 17, March 4, 1898. Ord. 154, February 10, 1899. Ord. 199, April 27, 1899. Ord. 200, April 27, 1899. Ord. 201, April 27, 1899. Ord. 88, December 12, 1900. Res. 6, December 16, 1901. Ord. 116, January 16, 1903. Ord. 135, March 19, 1903. Ord. 142, April 16, 1903. Res. 10, May 20, 1904. Ord. 80, May 21, 1904. Ord. 81, May 21, 1904. Ord. 105, June 20, 1904. Res. 11, June 20, 1904. Ord. 124, June 29, 1904. Ord. 141, October 21, 1904. Ord. 176, December 22, 1904. Ord. 235, April 6, 1905. Ord. 237, April 15, 1905. Ord. 67, January 29, 1906. Ord. 68, January 29, 1906. Ord. 69, January 29, 1906. Ord. 107, March 30, 1906. Ord. 126, May 7, 1906. Ord. 157, June 18, 1906 Baltimore Belt Railroad Company. The several ordinances and resolutions relating’ to the Baltimore Belt Railroad Company are as follows : Ord. 83, May 14, 1890. Res. 129, October 21, 1896. Ord. 84, May 14, 1890. Ord. 81, July 25, 1902. Ord. 51, April 18, 1892. Ord. 48, March 1, 1904. Ord. 19, February 27, 1893. **NoTK. — In reference to the Baltimore Belt Railroad Company, see^ City Code, (1893) Art. 41, Secs. 28, 28A. ART. 30. J NOTH ON RAILROADS — ORDINANCES. 1033 MARYLAND AND PENNSYLVANIA RAILROAD COMPANY. The several ordinances relating to the Maryland and Pennsylvania Railroad Company, also known heretofore as the Baltimore and Delta Railroad Company, the Maryland Central Railroad Company, and the Baltimore and Lehigh Railroad Company, are as follows : f Ord. 94, May 18, 1881. Ord. 27, March 20, 1882. MARYLAND DELAWARE AND VIRGINIA RAILROAD COMPANY. The following resolution relates to said last named railroad company : Res. 24, March 24, 1905. NORTHERN CENTRAL RAILWAY COMPANY.** The several ordinances and resolutions relating to the Northern Cen- tral Railway Company are as follows : Ord. 33, April 25, 1831. Ord. 31, April 10, 1837. Ord. 36, April 19, 1839. Ord. 1, August 13, 1839. Res. 33, February 29, 1840, Ord. 5, May 1, 1840. Ord. 38, May 2, 1845. Ord. 20, April 6, 1849. Ord. 55, June 20, 1854. Res. 180, June 26, 1856. Ord. 51, June 10, 1857. Ord. 39, May 11, 1863. Ord. 31, May 18, 1865. Ord. 76, June 20, 1866. Ord. 77, September 20, 1868. Res. 93, March 30, 1870. Ord. 38, May 5, 1874. Ord. 102, June 3, 1876. Ord. 103, June 3, 1876. Ord. 3, November 18, 1878. Ord. 55, April 14, 1880. Ord. 107, May 31, 1881. Ord. 119, October 19, 1882. Ord. 100, October 20, 1883. Ord. 88, May 24, 1884. Ord. 89, May 24, 1884. Res. 169, June 23, 1886. Ord. 155, October 21, 1889. Ord. 62, May 5, 1890. Ord. 132, June 11, 1890. Ord. 136, June 12, 1890. Ord. 137, June 13, 1890. Ord. 23, April 4, 1898. Ord. 27, April 4, 1898. Ord. 4, October 18, 1899. Ord. 7, October 29, 1899. Ord. 30, January 4, 1900. Ord. 42, April 2, 1900. Ord. 61, June 6, 1902. Ord. 39, January 11, 1904. Ord. 120, June 29, 1904. Ord. 242, April 24, 1905. Ord. 27, November 24, 1905. tNoTE.— For prior compilations of ordinances in relation to the Maryland and Pennsylvania Railroad Company, and its predecessor companies, City Code, (1885) Supplement, Art. 40, Secs. 269-273. City Code, (1893) Art. 41, Sec. 29. **NoTE.— For prior compilations of ordinances and resolutions relating to the Northern Central Railway Company, and its constituent companies, see. City Code, (1879) Art. 40, Secs. 204-245. Supplement 1885, Art. 40, Secs. 245A-245K. City Code, (1893) Art. 41, Sec. 24. 1034 RAILROADS AND RAILWAYS — ORDINANCES. [aRT. 30. In the foregoing list, those ordinances given of date prior to and in- cluding Ord. 55, June 20, 1854, relate to the Baltimore and Susquehanna Railroad Company, a constituent company of the said Northern Central Railway Company. PHILADELPHIA, BALTIMORE AND WASHINGTON RAILROAD COMPANY.** The several ordinances and resolutions relating to the constituent companies of the Philadelphia, Baltimore and Washington Railroad Company are as follows : Baltimore and Port Deposit Railroad Company. Ord. — , August 2, 1837. Ord. 70, June 16, 1853. Ord. 26, April 9, 1849. Philadelphia, Wilmington and Baltimore Railroad Company. Ord. 14, April 18, 1862. Ord. 42. June 2, 1862. Res. 88, May 23, 1863. Res. 354, July 15, 1868. Ord. 82, October 1, 1879. Ord. 51. May ! , 1882. Ord. 119, October 19, 1882. Res. 44, March 26, 1886. Ord. 92, June 16, 1886. Res. 169, June 23, 1886. Res. 152, November 6, 1889. Res. 183, March 30, 1899. Ord. 79, November 30, 1900. Ord. 136, March 19, 1903. Ord. 147, May 1, 1903. Ord. 134, August 15, 1904. Baltimore and Potomac Railroad Company. Ord. 37, May 29, 1869. Res. 71, March 23, 1877. Ord. 49, April 25, 1870. Ord. 93, April 24, 1893. Res. 458, July 23, 1875. UNION RAILROAD COMPANY.! The several ordinances and resolutions relating to the Union Railroad Company are as follows ; Ord. 2, December 1, 1870. Res. 145, October 15, 1887. Ord. 77, June 21, 1873. Ord. 36, April 5, 1890. Ord. 89, May 24. 1884. **Note. — For prior compilations of ordinances and resolutions relating to the constituent companies of the Philadelphia, Baltimore and Wash- ington Railroad Company, see, City Code, (1879) Art. 40, Secs. 191-203, 246-248. Supplement 1885, Art. 40, Secs. 248A, 248B. City Code, (1893) Art. 41, Secs. 24, 25. tNoTE. — In relation to the Union Railroad Company, see, Cit\^ Code,. (1879) Art. 40, Secs. 249-251. City Code, (1893) Art. 41, Sec. 26. ART. 30 .] NOTE ON STREET RAILWAYS— ORDINANCES. 1035 . WESTERN MARYLAND RAILROAD COMPANY, WESTERN MARYLAND TIDEWATER RAILROAD COMPANY, AND WESTERN MARYLAND RAILROAD TERMINAL COMPANY, (a) The several ordinances and resolutions relating to the Western Mary- land Railroad Company are as follows : Ord. 95, October 22, 1873. Ord. 22, April 3, 1879. Ord. 33, April 17, 1879. Ord. 71, May 10, 1882. Ord. 114, October 9, 1882. Ord. 11, March 10, 1886. Ord. 93, April 24, 1893. The several ordinances relating Railroad Company are as follows : Ord. 23, April 5, 1889. Ord. 18, March 9, 1898. Ord. 32, February 8, 1900. Ord. 52, May 7, 1902. Ord. 253, May 2, 1905. Ord. 26, November 18, 1905. Ord. 159, June 18, 1906. the Western Maryland Tidewater Ord. 133, June 11, 1890. The ordinance relating to the Western Maryland Railroad Terminal Company is ; . Ord. 92, May 25, 1882. STREET PASSENGER RAILWAY COMPANIES. BALTIMORE TERMINAL COMPANY. The following ordinance relates to this Company : Ord. 123, April 27, 1906. MARYLAND ELECTRIC RAILWAY COMPANY. The following ordinance relates to the Maryland Electric Railway Company : Ord. 173, June 22, 1906. UNITED RAILWAYS AND ELECTRIC COMPANY. The several ordinances and resolutions relating to the United Railways and Electric Company and its constituent companies are as follows :** (a) Note. — For prior compilations of ordinances relating to the Western Maryland Railroad Compan}% Western Maryland Tidewater Railroad Company, and the Western Maryland Terminal Company, see^ City Code, (1879) Art. 40, Sec. 252. Supplement of 1885, Art. 40, Secs. 253-268. City Code, (1893) Art. 41, Sec. 27. **Note. — For prior compilations of ordinances and resolutions relating to the constituent companies of the United Railways and Electric Com- pany, City Code, (1879) Art. 40, Secs. 27, 57, 58, 77-102, 108-116, 119-130, 138-141. City Code, Supp. (1885) Art. 40, Secs. 77E, 91A-91G, 116A-116K, 130A-130F, 311-337, 347-364. City Code, (1893) Art. 41, Secs. 37-51, 37A, 39A, 45A, 46A, 48A. 1036 RAILROADS AND RAILWAYS — ORDINANCES. [aRT. 30. United Railways and Electric Company. Ord. 103, January 16, 1901. Ord. 118, April 26, 1901. Ord. 136, May 13, 1901. Ord. 143, June 20, 1901. Ord. 144, June 20, 1901. Ord. 44, April 15, 1902. Ord. 54, May 7, 1902. Ord. 74, June 11, 1902. Baltimore and Hall Springs Ord. 90, July 16, 1872. Ord. 107, October 18, 1872. Ord. 47, June 9, 1874. Ord. 101, May 25, 1875. Ord. 148, May 8, 1903. Ord. 16, October 28, 1903. Ord. 45, March 1, 1904. Ord. 48, March 1, 1904. Ord. 193, February 6, 1905. Ord. 224, March 15, 1905. Ord. 238, April 19, 1905. Ord. 122, April 27, 1906. Passenger Railway Company. Ord. 91, October 24. 1879. Res. 83, March 31, 1880. Ord. 30, April 1, 1881. Ord. 18, March 20, 1885. Baltimore and Harford Turnpike Road Cojnpany. Res. 44, March 8, 1892. Baltimore and Herring Run Railroad Company. Ord. 99, November 1, 1873. Baltimore and Northern Electric Railway Comjiany. Ord. 159, F'ebruary 16, 1899. Baltimore and Powhatan Railway Company of Baltimore County. Ord. 115, September 18, 1886. Ord. 153, July 2, 1890. Baltimore and Randallstown Horse Railroad Company. Ord. 63, May 24, 1873. Baltimore and Yorktown Turnpike Raihvay Company. Ord. 7, February 17, 1863. Ord. 30, April 1, 1881. Ord. 15, March n, 1863. Ord. 100, May 27, 1881. Ord. 40, June 20, 1865. Ord. 23, April 8, 1891. Ord. 130, October 14, 1871. Baltimore, Canton and Point Breeze Raihvay Company. Ord. 50, April 18, 1892. Baltimore, Catonsville and EllicoWs Mills Passenger Raihvay Company. Res. 345, May 26, 1875. ^See, B. & Y. T. R. v. Boone, 45 Md. 344. ART. 30.] NOTR ON STREET RAILWAYS — ORDINANCES. 1037 Baltimore City Passenger Railway Company, Ord. 44, March 28, 1859. Ord. 3, November 25, 1859. Ord. 44, June 28, 1860. Ord. 70, August 1, 1860. Ord. 54, September 11, 1865. Ord. 56, September 22, 1865. Ord. 9, February 23, 1866. Ord. 32, May 11, 1869. Ord. 27, March 30, 1870. Ord. 3, November 29, 1870. Ord. 4, November 18, 1871. Ord. 88, July 5, 1872. Ord. 147, October 9, 1875. Ord. 49, May 14, 1879. Ord. 20, March 16, 1880. Ord. 102, June 6, 1882. Ord. 80, May 14, 1885. Ord. 85, May 18, 1887. Ord. 115, October 18, 1887. Ord. 35, April 26, 1889. Ord. 102, Octobers, 1892. Ord. 207, July 21, 1893. Ord. 21, March 20, 1894. Ord. 66, May 7, 1894. Ord. 34, June 23, 1897. Ord. 61, July 10, 1897. Ord. 60, May 18, 1898. Res. 81, June 13, 1898. Baltimore Consolidated Railway Company, Ord. 78, October 4, 1897. Ord. 97, June 16, 1898. Ord. 11, February 1, 1898. Ord. 196, April 25, 1899. Baltimore, Halethorpe and St, Denis Railway Company, Ord. 13, February 15, 1898. Ord. 26, April 4, 1898. Baltimore, Highlandtown and River View Railway Company, Ord. 77, July 5, 1879. Baltimore, Peabody Heights and Waverly Railroad, Ord. 27, March 28, 1872. Ord. 74, June 7, 1872. Ord. 106, June 8, 1875. Res. 224, June 10, 1878, Ord. 36, April 28, 1879. Ord. 150, October 25, 1880. Ord. 155, July 2, 1890. Ord. 23, April 8, 1891. Baltimore, Pimlico and Pikesville Railway Company, Res. 274, June 5, 1874. Res. 179, July 3, 1890. Baltimore Traction Company, Res. 63, March 26, 1890. Res. 64, March 26, 1890, Ord. 123, June 7, 1890. Ord. 38, April 7, 1894. Ord. 39, April 7, 1894. Ord. 40, April 7, 1894. Ord. 57, April 26, 1894. Ord. 58, April 26, 1894. Ord. 62, April 28, 1894. Ord. 36, April 20, 1895. Ord. 108, June 22, 1896. Ord. 116, July 22, 1896. Ord. 145, October 12, 1896, 1038 RAILROADS AND RAILWAYS — ORDINANCES. [arT. 30. Baltimore Union Passenger Railway Company. Ord. 47, April 5, 1880. Ord. 150, October 25, 1880. Ord. 30, April 1, 1881. Ord. 65, May 5, 1881. Ord. 40, April 6, 1882. Ord. 96, June 16, 1886. Ord. 98, September 30, 1887. Ord. 155, July 2, 1890. Ord. 23, April 8, 1891. Ord. 47, April 8, 1892. Central Cross Town Line. Ord. 54, April 21, 1881. Central Railway Company. Ord. 57, April 27, 1881. Ord. 116, October 31, 1881 Ord. 2, February 17, 1883. Ord. 114, May 29, 1884. Ord. 56, May 2, 1885. Ord. 115, June 8, 1891. Ord. 19, March 2, 1892. Ord. 62, April 27, 1892. Ord. 44, April 12, 1894. Ord. 115, July 11, 1896, Ord. 21, May 25, 1897. Ord. 25, May 28, 1897. Ord. 31, June 18, 1897. Ord. 14, March 2, 1898. Ord. 60, May 18, 1898. Citizen^ s Railway Company. Ord. 70, July 9, 1868. Ord. 85, June 29, 1870. Ord. 109, June 19, 1871. Ord. 7, November 22, 1871. Res. 390, November — , 1872. Ord. 2, November 17, 1874. Res. 307, September 26, 1876. Ord. 88, October 4, 1878, Ord. 30, April 1, 1881. Ord. 22, March 25, 1884. Ord. 41, April 18, 1887. Ord. 56, May 4, 1887. Ord. 18, March 22, 1889. City and Suburban Railway Company. Ord. 121, May 4, 1893. Res. 223, May 22, 1894. Ord. 34, April 2, 1894. Ord. 8, February 27, 1896. Columbia and Maryland Railway Company. Res. 68, May 27, 1898. Edmondson Avenue, Catonsville and Ellicott City Electric Railway Company. Ord. 109, October 17, 1892. Ord. 124, July 27, 1896. Ord. 36, April 20, 1895. Res. 10, March 3, 1896. Ord. 11, March 3, 1896. Res. 33, April 12, 1897. ART. 30 .] NOTH ON STREET RAIEWAYS — ORDINANCES. 1039 Falls Road Electric Railway Company, Ord. 105, June 11, 1896. Ord. 10, February 27, 1897. Ord. 9, February 27, 1897. Highlandtown and Point Breeze Railway Company, Ord. 109, October 4, 1881. Ord. 97, June 16, 1886. Monumental City Passenger Railway Company, Ord. 16, March 8, 1880. Ord. 69, May 13, 1881. North Avenue Railway Company, Ord. 130, June 18, 1889. Ord. 173, November 11, 1889. Ord. 159, July 30, 1890. Ord. 23, April 8, 1891. Ord. 46, April 8, 1892. Ord. 1, November 18, 1892. North Baltimore Passenger Railway Company, Ord. 30, April 1, 1881. Ord. 40, April 6, 1882. Ord. 24, March 26, 1884. Ord. 25, April 2, 1885. Ord. 63, May 3, 1888. Ord. 42, May 9, 1889. Ord. 145, September 9, 1889. Ord. 155, July 2, 1890. Ord. 23, April 8, 1891. Ord. 23, March 14, 1892. Park Railway Company, Ord. 27, March 28, 1872. Patterson and Druid Hill Parks Railway Company, Ord. 115, May 25, 1880. People^ s Passenger Railway Company, Ord. 74, June 28, 1878. Ord. 105, October 23, 1878. Ord. 16, March 28, 1879. Ord. 76, July 5, 1879. Ord. 30, April 1, 1881. Ord. 58, April 27, 1881. People^ s Railway Company, Ord. 49, May 2, 1884. Ord. 104, May 24, 1884. Res. 176, May 26, 1884. Ord. 43, April 17, 1886. Ord. 80, June 2, 1886. Ord. 86, June 9, 1886. Ord. 77, May 24, 1889. 1040 SABBATH — ORDINANCKS . [art. 31. Driving cattle, &c. Penalty. Selling fruit, confectionery and liquor. ARTICLE XXXI. SABBATH. ORDINANCES. alty; liability of ordinary or garden keepers. 4. Parades in streets by bands or musicians prohibited ; pen- alty ; exception as to military companies when ordered out. 5. Recovery of fines and penalties imposed hereunder. City Code, (1879) Art. 42, Sec. 1. City Code, (1893) Art. 43, Sec. 1. 1. It shall not be lawful for any person or persons to drive any cattle, droves of horses, mules, sheep or hogs through any of the streets, lanes or alleys of the city, within the city limits, on the Sabbath day, under a penalty of five dollars per head for each and every offence; pro- vided, that nothing herein contained shall apply to horses and mules brought to the city on the Sabbath day, being taken to the nearest stables; and provided further, that it shall be lawful for all persons bringing live stock to the city by railroad, to have the same conveyed to the cattle pens on the Sabbath day. 1. Driving cattle, horses, etc. through streets on Sabbath forbidden ; penalty ; proviso excepting cattle arriving by rail. 2. Selling fruit, confectionery, liquor, etc. , prohibited ; pen- alty. 3. Fishing, hunting, playing games, etc., forbidden; pen- City Code, (1879) Art. 42, Sec. 2. City Code, (1893) Art. 43. Sec. 2. 2. Every person who shall within the city, on the Sabbath day, sell or offer to sell at any wharf or on board any boat, or in any market house, or carry through the streets for sale, any watermelons or other fruit, cakes, ice cream or other confectionery, or any kind of liquor or other articles, shall for such offence pay a fine of five dollars. ART. 32.] SCHOOLS — ORDINANCES . 1041 City Code, (1879) Art. 42, Sec. 3. City Code, (1893) Art. 43, Sec. 3. 3. Every person who shall fish, hunt, pitch quoits or sporting and money, fly a kite, play bandy or ball, or any other game or sport on the Sabbath day within the limits of the city, shall for each offence pay a fine of one dollar; and every ordinary or public garden keeper who shall suffer or allow in or upon his premises any kind of gaming or sport on the Sabbath day, shall, for every individ- ual so permitted to offend, pay ten dollars. City Code, (1879) Art. 42, Sec. 4. City Code, (1893) Art. 43, Sec. 4. 4. It shall not be lawful for any band or number of street bands of musicians, excepting military companies when called out by the State or municipal authorities, to parade in any of the streets, lanes or alleys of the city on the Sabbath day, with instrumental music, under a penalty of twenty dollars for each member of said band so parading, for each and every offence. 5. All fines and penalties imposed for the violation of Recovery of any of the provisions of this Article shall be recovered as p?nlit£s other fines and penalties imposed by ordinance are recoverable and when collected shall be paid to the Comp- troller. ARTICLE XXXII. SCHOOLS. ORDINANCES. Buildings and School Property. 1. Board of School Commission- ers to have charge of. 2. Renting of Eastern and Western High School halls ; such rent- ing not to interrupt school ex- ercises. 3. Revenue from such rental to be paid to Comptroller. Portable Buildings, 4. To lease vacant lots of ground therefor ; provisions in lease as to such buildings. 1042 SCHOOLS — ORDINANCES . [art. 32. 5. Inspector of Building's to super- intend erection of said build- ings ; contracts for same. 6. Rentals and maintenance of said buildings to be provided for in Ordinance of Estimates. American Flag on Buildings. 7. Board to purchase flags ; to be placed on all school buildings ; when to be raised ; half-mast on Memorial Day. Books. 8. Authority of board to collect books from parents of children to whom same have been fur- nished ; penalty for refusal to surrender books ; parents lia- ble for value of books lost or mutilated. Libraries. 9. To be established at City Col- lege and High Schools. 10. Board or their appointee to se- lect books ; improper books not to be admitted. Certificates, Diplomas and Prizes. 11. Form of Diploma to graduates of City College ; by whom to be signed. 12. Testimonials to graduates of other city schools. 13. Certificates to pupils quitting school before graduation. Peabody Prizes. 14. Acceptance and distribution of said premiums by board. Funds. Receipts and Disburseme7its . 15. To be made through Comp- troller and City Register ; when orders are to be hon- ored by said officers. Bequests, Devises and Donations. 16. When made for benefit of pub- lic schools to be paid over by board to City Register ; con- ditions in devise or bequest to be applied under direc- tion of board ; board not to withdraw such funds during same year in which received ; proviso. 17. All funds to be held subject to order of board ; funds re- ceived through bequests, etc. to be a separate and distinct revenue. 18. City Register to notify board of receipt of such funds. 19. How such funds shall be drawn ; form of warrant or order. Claims. 20. Prosecution of claims on ac- count of school fund against estates. Salaries. 21. To be paid monthly to all per- manent employes of board. 22. School attendance ofl&cers ; sal- aries ; payment of same. Special Instruction. Parental School. 23. To be established for children habitually truant. 24. Board to make rules and regu- lations for government of said school. 25. Emplo}'ment of necessary teachers. 26. Lease of necessary buildings and grounds therefor. ART. 32.] BUILDINGS AND SCHOOL PROPERTY — ORDINANCES. 1043 27. In lieu of foregoing provisions board ma}’ contract with cer- tain institutions for care and education of such truants ; term of confinement ; such confinement to be in accord- ance with rules of board. Marylarid Institute. 28. Cit}^ to contract with same for instruction of city pupils. 29. Pupils thereto to be appointed by members of City Council ; when vacancy occurs member entitled to fill same to be noti- fied. 30. President of institute to report to Ma\’or and City Council annually names of appointees and vacancies ; when Mayor may appoint. 31. Inspection of said institute; payment of tuition charges. Tuition. City Pupils. 32. Tuition and use of books and stationery to be free to said pupils. Non-resident Pupils. 33. Children of non-resident par- ents to be admitted to schools. 34. Annual tuition fees to be paid for non-resident pupils ; Bal- timore City College; Balti- more Polytechnic Institute ; Eastern and Western High Schools ; Colored High and Training School ; grammar schools ; how to be paid ; credit to non-resident tax- payers ; receipted tax bills to be produced. Contagious Diseases. 35. Dut}' of ph 3 ^sicians and parents when such diseases develop in homes of pupils ; penalty for neglect of duty hereunder. 36. Parents to notity teachers when no ph^'sician attending such diseases ; penalty for neglect. 37. Pupils attending school from families wherein such diseases develop to be excluded from schools by principal thereof ; penalty\ 38. Teachers exposed to contagion; to certify same to board ; not to attend school ; certificate of phv^sician that danger of contagion is past ; penalty for neglect of provisions hereun- der. 39. Duties of vaccine physician where no other physician at- tending contagious cases. 40. Collection of penalties imposed for violation of provisions of this Article. BUILDINGS AND SCHOOL PROPERTY. City Code, (1879) Art. 43, Sec. 15. City Code, (1893) Art. 44, Sec. 18. 1 . The Board of School Commissioners shall have charge of charge of all the buildings used for school purposes. bmiding 1044 SCHOOI.S — ORDINANCES . [art. 32. City Code, (1879) Art. 43, Sec. 16. City Code, (1893) Art. 44, Sec. 19. ^?aste^rnand The Said board is authorized and directed to rent nff^Shooi out, except for political purposes, for such compensation halls. ag them may seem just and reasonable, the main halls in the Eastern and Western High School buildings, for public purposes, at such times and under such regulations as to them may appear right and proper; provided, the same shall not be ren ted so as to interfere with or interrupt the regular exercises of the schools. City Code, (1879) Art. 43, Sec. 17. City Code, (1893) Art. 44, Sec. 20. revenue derived therefrom, as provided in the troiier. next preceding section, shall be accounted for by the said board and paid over by it to the Comptroller. Portable Buildings. Ord. 24, December 4, 1903. ^°ots^of The Board of School Commissioners is authorized, with the joint approval, in each instance, of the Comp- schooi troller and the President of the Board of Fire Commis- buildings. sioners, to lease, from time to time, vacant lots of ground within any part or parts of the present city lirhits, for the erection thereon of portable school buildings, for the purpose of meeting temporary school exigencies; the lease in each case to contain a provision that the school building or buildings so erected shall be and remain the property of the city, and upon the expiration of the lease be subject to removal by it. Ord. 24, December 4, 1903. Inspector of 5. The Board of School Commissioners is authorized to SpLdnfeVd cause to be erected, subject to the superintendence of the of Inspector of Buildings, from time to time on vacant lots of ground so leased, or on vacant lots of ground within any part or parts of the present city limits, owned or acquired by the city with a view to the erection of permanent school ART. 32 .] AIN^ERICAN FLAG ON BUILDINGS — BOOKS — ORDINANCES. 1045 buildings thereon, such portable frame school buildings, the contracts for the erection of such portable school buildings to be awarded with due regard to the provisions of section 99 of the New City Charter, relating to plans for the construction of new school houses, and in con- formity with the provisions of sections 14 and 15 of the New City Charter relating to bids for city supplies or work.** Ord. 24, December 4, 1903. 6. The rentals payable under the leases mentioned in Rentals paya^ section 4 of this Article, and the cost of erecting and main- leases, taining such portable frame school buildings shall be defrayed out of such appropriations as may be made from time to time for the purpose by the annual ordinance of estimates. American Flag on Buildings. Ord. 29, April 9, 1895. 7. The Board of School Commissioners is authorized Authority ta and directed to purchase a sufficient number of American American flags and have the same placed on each and every public school building, each and every day during the session of said schools from the opening of the morning session until the close of the evening session, except when the weather is inclement ; said flag shall also be raised on all legal ^are”JbS^ holidays ; also on the 30th day of May (known as Memorial Day) , from sunrise to sunset at half-mast on said buildings. Books. Res. 77, March 13, 1894. Ord. 125, November 26, 1898. 8 . The Board of School Commissioners is empowered to ^uthorj^ty^to demand and collect from the parents and guardians of children who have attended the public schools but have **Note . — See Section 99 of City Charter, as modified by Act 1906, ch. 107, an^e, pages 152, 153. 1046 SCHOOLS — ORDINANCES. [art. 32. left the said schools, all books which were furnished the said children during their attendance at said schools if the same are in the possession of said parents or guardians, and in case of the refusal or neglect of the said parents or guardians to deliver to the Board of School Commissioners or its agent such books as may be in their possession after demand therefor they shall be subject to a fine of five ^fusaUo°sur^* dollars ($5) for each and every offence ; said fines to be reSer collected as other fines are now collected ; and should any book or books furnished any of the children attending the public schools be lost or wilfully mutilated, defaced or de- parents or stroyed, the parents or guardians of said children shall be required to pay to the Board of School Commissioners the ?aced!muti- value of any such book or books so lost, or wilfully mutilated, defaced or destroyed, the same to be recovered as fines and penalties are now collected. Libraries, City Code, (1879) Art. 43, Sec. 41. City Code, (1893) Art. 44, Sec. 49. At City College 9. There shall be established at the Baltimore City School? College, and at each of the two high schools, a library for their use, without charge, under such regulations as may be adopted by the Board of School Commissioners. City Code, (1879) Art. 43, Sec. 42. City Code, (1893) Art. 44, Sec. 50. election of selection of the books, which shall be only of books. instructive and moral character, shall be made by the said Board of School Commissioners, or some one appointed by them for the purpose, and no book deemed by them to be injurious to the morals of the pupils, or of a sectarian character, whether obtained by purchase or donation, shall be admitted in said libraries ; and all books purchased under any future ordinance or resolution of the Mayor and City Council of Baltimore or otherwise, for this purpose, shall be subject to the restrictions herein contained. ART. 32.] CERTIFICATES, DIPLOMAS AND PRIZES — ORDINANCES. 1047 CERTIFICATES, DIPLOMAS AND PRIZES. City Code, (1879) Art. 43, Sec. 28. City Code, (1893) Art. 44, Sec. 36. 11. Whenever any of the pupils of Baltimore City Col- Diplomas to lege shall have satisfactorily completed the prescribed fPcity coi- term and course of instruction, the Board of School Commissioners shall have the power to confer on them testimonials, in form, substantially as follows, viz : This certificate is given to , a pupil of the Baltimore City College, in testimony that he has pursued and satisfactorily completed the studies of the course of years ; and said testimonials shall be signed by the president of the board, by the Mayor of the city, with the seal of the city at- tached, by the Superintendent of Public Instruction, and by the principal of said college. City Code, (1879) Art. 43, Sec. 30. City Code, (1893) Art. 44, Sec. 38. 12. The Board of School Commissioners shall have graduates of power to confer testimonials on pupils of the Eastern and schools. Western High Schools, the Baltimore Polytechnic Institute, and the Colored High and Training School, in conformity with the requisitions and provisions of the two next pre- ceding sections. City Code, (1879) Art. 43, Sec. 31. City Code, (1893) Art. 44, Sec. 39. 13. Whenever any pupil shall leave any of the high certificates to schools without having completed the prescribed term and un^'bSe course of instruction, then, and in such cases, said board shall have power to confer such testimonials on said pupils as said board may deem to be proper and appropriate to the occasion. Peabody Prizes. City Code, (1879) Art. 43, .Sec. 43. City Code, (1893) Art. 44, Sec. 51. 14. The Board of School Commissioners is hereby Acceptance authorized to accept and receive the premiums given by 1048 SCHOOI.S — ORDINANCES. [art. 32. the trustees of the Peabody Institute to the Baltimore City College and the high schools, as specified in Mr. Peabody’s letter to his trustees ; and to have the same distributed from time to time in such a manner as they shall deem most conducive to the benefit of the schools and the objects of the donor.* *NoTE.— M r. Peabody in his first letter to his trustees, dated Balti- more, February 12, 1857, (as set forth in the Act of 1858, chapter 209, incorporating the Peabody Institute,) says : “I desire that the trustees, in order to encourage and reward merit, should adopt a regulation by which a number of the graduates of the public high schools of the city, not exceeding fifty of each sex in each year, (who shall have obtained for their proficiency in their studies and their good behaviour certificates of merit from the commissioners or superintending authorities of the schools to which they may be attached), may by virtue of said certifi- cates be entitled as an honorary mark of distinction to free admission to the lectures (at Peabody Institute) for one term or season after obtaining the certificates. I also desire, that for the same purpose of encouraging merit, the trustees shall make suitable provision for an annual grant of twelve hundred dollars ; of which five hundred shall be distributed every year in money prizes, graduated according to merit, of sums not less than fifty dollars nor more than one hundred for each prize, to be given to such graduates of the public male high school now existing or which may hereafter be established, as shall in each year upon exami- nation and certificate of the school commissioners or other persons having the chief superintendence of the same, be adjudged most worthy from their fidelity to their studies, their attainments, their moral deport- ment, their personal habits of cleanliness, and propriet}^ of manners ; the sum of two hundred dollars to be appropriated to the purchase, in every year, of gold medals of two degrees, of which ten shall be of the value of ten dollars each, and twenty of the value of five dollars each, to be annually distributed to the most meritorious of the graduating classes of the public female high schools ; these prizes to be adjudged for the same merit, and under the like regulations, as the prizes to be given to the graduates of the male high school ; the remaining five hun- dred dollars to be in like manner distributed in money prizes, as provided above for the graduates of the male high school in the same amounts, respectively, to the yearly graduates in the school of design attached to the Mechanics’ Institute of this city. To render this annual distribution of prizes effective to the end I have in view, I desire that the trustees shall digest, propose and adopt all such rules and provisions, and procure such correspondent regulations on the part of the public institutions referred to, as they may deem necessary to accomplish the obj ect.” ART. 32 .] FUNDS — RECEIPTS AND DISBURSEMENTS— ORDINANCES. 1049 FUNDS. Receipts and Disbursements. City Code, (1879) Art. 43, Sec. 13. City Code, (1893) Art. 44, Sec. 16. Receipjs^and 15. The Comptroller is authorized to receive, through mroigh the proper officer, all monies from the teachers, and all and City other funds due the Board of School Commissioners, and the City Register, upon the approval of the Comptroller, is authorized and directed to pay out of the funds standing in the treasury to the credit of the public schools, any order authorized by law to be honored for school purposes, after the same shall have been examined by the committee on accounts and passed by the board, signed by the presi- dent and countersigned by the secretary of the Board of School Commissioners. Bequests, Devises and Donations. City Code, (1879) Art. 43, Sec. 24. City Code, (1893) Art. 44, Sec. 29. 16. The Board of School Commissioners is authorized Devises, be- to receive all devises, bequests and donations which may donations for be made for the benefit of the public schools of the city of pubiR Baltimore, and all devises, bequests and donations received by the Board of School Commissioners, by virtue either of this section or of any act or acts of the General Assembly of Maryland, shall be paid over by them to the City Regis- ter, who shall place the same to the credit of the school fund; and if any condition or conditions be prescribed in any such device, bequest or donation, the same shall be applied under the direction of the Board of School Com- missioners, with the sanction of the Mayor and City Council of Baltimore, agreeably to the intention of the testator or donor; and if no condition be prescribed in any such devise, bequest or donation, it shall not be lawful for the Board of School Commissioners to draw all or any part of the amount thereof out of the city treasury during the year in which it was received, unless the appropriations in the annual ordinance of estimates for the support of the schools should fall short of the requirements of the Board of School Commissioners. 1050 SCHOOI.S — ORDINANCES . [art. 32. To be held subject to order of the board. City Register to notify board of re- ceipt of such funds. How such funds shall be drawn. Prosecution of claims against estate. Ord. 88, September 22, 1883. City Code, (1893) Art. 44, Sec. 30. 1 7 . All funds which shall be paid to or received by the City Register, or in any other way, or through any other person or persons, passed over and transferred to the Mayor and City Council of Baltimore, pursuant to the pro- visions of sections 808 to 811, of Article 4, of the Code of Public Local Laws, title “City of Baltimore”, sub-title, “Miscellaneous Laws, ” sub-division “Intestates' Estates,” shall be held subject to the order of the Board of School Commissioners, in like manner as the funds derived from taxation for said purposes are held, and such funds as may be thus received are declared to be a separate and distinct revenue, to be applied to the use and support of the public schools, in addition to the annual appropriation made for that purpose. Ord. 88, November 22, 1883. City Code, (1893) Art. 44, Sec. 31. 18. It shall be the duty of the City Register to notify and inform the Board of School Commissioners, by a com- munication in writing, whenever any funds arising from the aforesaid source shall be hereafter received by him, and the amount of the same. Ord. 88, November 22, 1883. City Code, (1893) Art. 44, Sec. 32. 19. Whenever the Board of School Commissioners shall intend to apply any portion, or all of the aforesaid funds, hereafter received from intestate estates, the warrant or order drawn for said funds, or any portion thereof, shall show upon its face that it is drawn upon said funds; and it shall be the duty of the Comptroller and the City Register to keep a separate account of all receipts and disbursements for said special and specific fund. Claims, Res. 256, October 4, 1881. City Code. (1893) Art. 44, Sec. 33. 20 . The Mayor is authorized, upon the presentation to him of satisfactory evidence of the existence of any just and valid claim on the part of the corporation, on account ART. 32 .] SPECIAL INSTRUCTION— ORDINANCES. 1051 of the school fund, against a certain estate, and which claim it is, in his judgment, judicious to prosecute, to em- ploy for that purpose the services of one or more agents, and to agree with such agent or agents for such compensa- tion to him or them as he may deem fair and reasonable, provided the said compensation shall be entirely contingent upon the recovery of the money. Salaries. City Code, (1879) Art. 43, Sec. 19. City Code, (1893) Art. 44, Sec. 24. 21. The salaries of the superintendent, assistant super- Salaries to be intendents and of the teachers and all other persons monthly, permanently employed by the Board of School Commission- ers, shall be paid monthly, accounting to the last day of each month, by the City Register. Ord. 107, December 18, 1902. 22. The school attendance officers, who by virtue of the Attendance Act of the General Assembly of Maryland of 1902 are directed to be appointed by the Board of School Commis- sioners of Baltimore City, shall each receive an annual salary of seven hundred and fifty dollars, ($750) to be paid at the same time and in the same manner as the salaries of teachers and officers of said board are now paid. SPECIAL INSTRUCTION. Parental School. Ord. 89, June 6, 1904, Sec. 1. 23. The Board of School Commissioners is authorized For children and directed to establish in Baltimore city, in some con- ?ruanr’^^ venient locality, under such name or title, as said board shall select, a parental school for children between eight and sixteen years of age, who are habitually truants from school or instruction. 1052 SCHOOLS— ORDINANCES . [art. 32. Ord. 89, June 6, 1904, Sec. 2. Board to make 24. The Board of School Commissioners shall have rules and regulations, authority to make all rules and regulations for the confine- ment, maintenance and instruction of said children in said parental school, and for the management of said parental school, as they may deem expedient, and modify and repeal the same at their pleasure; provided such rules and regula- tions so made or modified, be not inconsistent with the laws of the State or the ordinances of the city; and to pre- scribe the courses of study, and the books to be used in said school. Ord. 89, June 6, 1904, Sec. 3. Teacher 5 =for The Board of School Commissioners is authorized said school, directed to employ all teachers necessary and proper for the conduct of said parental school, in the manner prescribed by the City Charter, sections 99 to 102, inclusive. Ord. 89, June 6, 1904, Sec. 4. Buildings and 26. The Board of School Commissioners is authorized bejeased ° and directed to lease all buildings and grounds or portions of buildings or grounds necessary for the conduct of said parental school. Ord. 89, June 6, 1904, Sec. 5. ^“gihigpro?’^^’ Instead of, or in addition to leasing buildings, may ”conSac1 S’^^^unds or portions of buildings or grounds, as authorized preceding section of this Article, the Board of School Commissioners may contract with any house of detention, correction, reformatory, charitable, benevolent or juvenile institution for the education, maintenance and confinement in said institution of those who are habitually truants from school or from instruction; provided, that the confinement of the said children shall be for a term not exceeding the remainder of the school year, from the time Te^rm^f^con-^ of Confinement, and provided, that the said instruction, such truants, maintenance and confinement shall be subject to the rules and regulations prescribed by the Board of School Com- missioners for the conduct of the said parental school. ART. 32.] MARYLAND INSTITUTE — ORDINANCES. 1053 Maryland Institute. Ord. 15, March 26, 1887. City Code, (1893) Art. 44, Sec. 53. Ord. 26, March 7, 1893. Ord. 74, October 15, 1900. 28 . The Mayor, Comptroller and City Register are Contract with • 1 I T 1 •11-n/r 1 Maryland In- authorized and directed to contract with the Maryland stitutefor Institute for the promotion of the Mechanic Arts tor the of city pupils, instruction of pupils in the said Institute’s Schools of Art and Design for the period of eight years from the first day of January, 1901. Clark V. Md. Institute, 87 Md. 643. Ord. 15, March 26, 1887. City Code, (1893) Art. 44, Sec. 54. Ord. 26, March 7, 1893. Ord. 74, October 15, 1900. 29 . There shall be appointed, annually before the first Members of of September, one pupil by each member of the First and sSnT Second Branches of the City Council, who shall be entitled appoint pu- to instruction for the period of four years in said schools, and in case of a vacancy occurring from any cause among said pupils, the president of the Institute shall forthwith notify the member of the City Council representing the ward to which such pupil was credited, who shall there- upon appoint another pupil to fill such vacancy. Clark V. Md. Institute, 87 Md. 643. Ord. 15, March 26, 1887. City Code, (1893) Art. 44, Sec, 55. Ord. 26, March 7, 1893. Ord. 74, Oct. 15, 1900. 30 . The president of the Institute shall, annually, the month of September, report to the Mayor and City pupils. Council the names of the pupils so appointed and in attend- ance upon its schools, together with a list of vacancies, should any exist; and should no appointments be made prior to the first of October by the members of the City Coun- cil entitled to fill such vacancies, then the Mayor shall appoint pupils to fill said vacancies. Note. — The Maryland Institute forms no part of the public school system of Baltimore. St. Mary’s Indus. School v. Brown, 45 Md. 334. 1054 SCHOOLS — ORDINANCES. [aRT. 32. Ord. 15, March 26, 1887. City Code, (1893) Art. 44, Sec. 56. Ord. 26. March 7, 1893. Ord. 74, October 15, 1900. 31. The Mayor, Comptroller and City Register shall annually, or as much oftener as they may deem expedient, inspect said schools of said Institute and the condition and manner in which the terms of said contract are being fulfilled by the Institute, and thereupon the Comptroller, upon being satisfied that the said contract is being faith- payment for fully Complied with, shall pay the president of the Institute annually, in quarterly installments, on the first day of April, July and October, and thirty-first day of December, the sum of nine thousand dollars ($9,000) in full for the education of the said pupils; and the said amount so appropriated shall be used for no other purpose whatever. TUITION. City Pupils. Ord. 141, October 6, 1884. City Code, (1893) Art. 44, Sec. 25. No charge for 32. There shall be no charge for tuition or for the use of books and stationery in any of the public schools, but it shall be the duty of said Commissioners to furnish, free of all cost to the pupils and their parents, all the necessary tuition and the use of books and stationery for the several schools, and in general whatever fuel or other supplies the schools may require, subject, however, to the provisions of the two next succeeding sections of this Article. School Commissioners v. State Board of Education, 26 Md. 513. Non-Resident Pupils. City Code, (1879) Art. 43, Sec. 21. City Code, (1893) Art. 44, Sec. 26. Ord. 153, February 7, 1899. Ord. 55, May 8, 1902. Children of 33. The public schools of the city of Baltimore are Sa?entrtoU intended to promote the general welfare of its citizens and schSoi?.^ are maintained exclusively for the education of the chil- dren whose parents or guardians are actual residents of said city; but children residing in Baltimore whose parents or guardians are residents of the insular territories or ART. 32.] NON-RESIDENT PUPIES — ORDINANCES. 1055 possessions of the United States shall be admitted to said schools; and children of non-resident parents or guardians may be admitted to said schools upon payment for tuition as prescribed in the following section, subject to such rules as the Board of School Commissioners may from time to time prescribe, and subject always to the prior right of the children of residents of Baltimore to the use of said schools. * Res. 50, March 2, 1874. Ord. 49, April 20, 1887. City Code, (1893) Art. 44, Sec. 27. Ord. 153, February 7, 1899. Ord. 55, May 8, 1902. 34 . The Board of School Commissioners is directed, Annual tuition before admitting the children of non-resident parents or paldbyfuch guardians into the public schools, to charge such parents ^ or guardians the following tuition fees, to wit: For admission to the Baltimore City College, per capita, sixty- two dollars per scholastic year; for admission to the Balti- more Polytechnic Institute, per capita, seventy-two dollars per scholastic year; for admission to the Eastern and Western High Schools, per capita, thirty-eight dollars per scholastic year; for admission to the Colored High and Training School, per capita seventy dollars per scholastic year; for admission to grammar schools, per capita, eighteen dollars per scholastic year; for admission to primary schools, per capita, eighteen dollars per scholastic year. The said tuition fees shall be paid in quarterly installments and invariably in advance, to the Comptroller, on bills rendered by the Board of School Commissioners, for account of the public school fund; such non-resident parents or guardians as may pay taxes to the Mayor and City Council of Baltimore shall be entitled to a credit on such tuition bills to an amount equal to that portion of such taxes which is levied for the support of the public schools, and in case such credit is less than the tuition fee, the balance shall at once become due and payable, but if the proportion of such taxes levied for the support of the *Note. — B y resolution 50, March 2, 1874, the Board of School Com- missioners are required to enforce this section. 1056 SCHOOI.S — ORDINANCES . [art. 32. Duty of physic- ians and par- ents. Parents to notify teachers. public schools be greater than the tuition fee, no allowance shall be given as against the tuition bill for the subsequent year, nor shall such excess be refunded; such credit on the tuition bills shall be granted only for taxes for the current year, and upon presentation to the Board of School Commissioners of the receipted tax bill or a certified copy thereof. CONTAGIOUS DISEASES. Ord. 6, February 21, 1880. City Code, (1893) Art. 44, Sec. 57. 35. It shall be the duty of all physicians who may be in attendance in any family whose child or children may be attending any of the public schools of this city, which family may have a case or cases of scarlet fever, diphtheria, measles, small-pox, chicken-pox, whooping cough, or any other contagious disease, to give a certificate of the same to the parent or parents of the child or children so diseased as soon as the disease is developed; and it shall be the duty of the parent or parents, as soon as the physician certifies that contagious disease exists in his, her or their house, to notify the principal of the school attended by his, her or their children, within twenty-four hours. A failure of parent or physician to comply with the provisions of this section shall subject said parent or physician so offending, to a fine of ten dollars for each and every offence. Ord. 6, February 21, 1880. City Code, (1893) Art. 44, Sec. 58. 36. If there be no physician attending in cases of disease mentioned in the next preceding section of this Article, it shall be the duty of the parent or parents to report the disease to the principal of the school attended by his, her or their child or children, within twenty-four hours from the time the disease is known to be contagious. And any parent who fails to comply with the requirements of this section, shall be fined ten dollars for every offence. ART. 32.] CONTAGIOUS DISEASES — ORDINANCES. 1057 Ord. 6, February 21, 1880. City Code, (1893) Art. 44, Sec. 59. 37. If any parent or physician shall notify any public chi^idrenjo^ school teacher of the city that scarlet fever, diphtheria, measles, small-pox, chicken-pox, whooping cough, or any other contagious disease exists in any family whose child or children are attending any of the public schools of this city, then it shall be the duty of the principal of the- school to exclude the child or children of said family from the school until the attending physician certifies that all danger from contagion has passed. The principal of any public school who fails to comply with the requirements of this section, shall be fined ten dollars for every offence. Ord. 6, February 21, 1880. City Code, (1893) Art. 44, vSec. 60. 38. If any teacher or teachers reside, board or lodge in Teachers ex- any house where a child or children in such house is tagiou to be suffering with scarlet fever, diphtheria, measles, small- ^ pox, chicken-pox, whooping cough, or any other contagious disease, of which fact the said teacher has been cognizant, then it shall be the duty of said teacher to certify to the same to a member of the Board of School Commissioners, and such teacher shall not perform his or her duties in any public school in this city until a physician attending such case or cases of contagious disease shall certify that all danger from contagion has passed. And for a failure of any teacher to so notify the Board of School Commis- sioners, or to so absent him or herself from his or her duties until all danger shall have passed, as certified by the attending physician, such teacher shall be fined ten dollars for every such offence. Ord. 119, May 25, 1880. City Code, (1893) Art. 44, Sec. 61. 39. When scarlet fever, diphtheria, measles, small- pox, chicken-pox, whooping cough, or any other contagious disease has existed in any family whose child or children have been attending any of the public schools of this city. 1058 SEWERS — ORDINANCES . [art. 33. Duties of vaccine physicians. Fines and penalties. which child or children had not been attended by any practicing physician, then it shall be the duty of any vaccine physician who may be applied to for a certificate that all danger from contagion has passed, to visit the premises, if in his district, where said child or children has been sick, and if there should exist no danger from contagion, he should give the certificate applied for free of charge. 40 . All fines and penalties incurred by the violation of any of the provisions of this Article, shall be recovered as other fines imposed by ordinance are recovered, and when collected shall be paid to the Comptroller. ARTICLE XXXIII. SEWERS. ORDINANCES. Commissioners for Opening Sewers. 1. Composition of board of. 2. Oath of commissioners ; form of oath. 3. Oath of commissioners to be recorded ; Justice to certify to oath in book where recorded. 4. Duties of clerk to commission- ers ; to record proceedings of board under direction of City Solicitor; to record orders; to make copies of notices for publication ; other duties ; board to have services of City Surveyor when required ; to compensate persons employed by them ; oath of clerk and other employes ; record of same. 5. When both damages and bene- fits assessed to same person, said commission may receive assignment of sum assessed as damages. Proceedings of Commissioners for Opening Sewers. Condemnatio7i of Property for Sewers. 6. To give notices required by City Charter before executing ordi- nances ; to meet and proceed to exercise powers, etc. ; to assess damages sustained by, and benefits accruing to owners of land, etc.; assessment on property generally benefited ; excess of damages over bene- fits assessed to be paid out of general levy ; proviso. ART. 33.] SEWERS — ORDINANCES. 1059 7. Procedure where part only of property is taken and owner claims compensation for whole of same ; value of whole lot to be tendered unless owner thereof assents as provided ; to sell materials on lot and residue of such lot so taken after giving notice ; manner and terms of sale ; to execute deed to purchaser ; purchaser to give bond ; re-sale of prop- erty on default of purchaser ; notice of re-sale ; part only of lot may be taken when to do so would not destroy whole ; assessment of damages and benefits in such cases ; notice to owner of lot so destroyed ; owner to have thirty days in which to make his decision. 8. After valuation as aforesaid, statement of such proceedings to be filed with City Register for inspection of public ; what said statement shall show ; notice by advertisement of re- view of proceedings ; to con- sider testimony of owners, etc. , at such review ; to correct as- sessments where deemed prop- er ; corrected and certified maps and statement to be de- posited with City Register ; City Register to notify owners by advertisement that maps and statement have been de- posited and of their right of appeal therefrom. Appeals in Condemnation Proceedings. 9. Procedure iipon appeal toJBalti- more City Court ; City Regis- ter to transmit assessment proceedings to City Court ; power of said court to hear and determine appeals ; jury trial in appeals ; proceedings of commissioners not to be set aside for errors of form ; cor- rection of errors, etc. ; record of appeals ; appeal to Court of Appeals ; said record to be evidence in any court of State ; costs of appeal ; both damages and benefits to be reviewed on appeal. 10. Transfer of proceedings of com- mission to City Collector ; his duty therein ; to notify par- ties assessed for benefits ; to sell property for non-payment thereof. Assessments of Benefits. DUTIES OF CITY COEEECTOR. 11. Sale of property for non-pay- ment of benefits ; notice be- fore sale ; disposition of pro- ceeds of such sales. 12. Conditions of such sales ; re- sale where purchaser defaults; notice of re-sale ; return of proceedings of commissioners to Comptroller. 13. City Collector to execute deed to purchaser ; disposition of purchase money. Property Assessed for Benefits. 14. Assessments of benefits to be liens on property ; work not to be begun until damages paid or tendered or consent of parties entitled is given ; investment of amount of dam- ages in city stock. 15. Ivien transferable to any third person paying benefits on property liable therefor. 16. Appointment of substitute commissioners; oath and duty of such substitute. 1060 SEWERS— ORDINANCES. [art. 33 17, Commissioners to discriminate between fee and leasehold interests in taking property. Obstructions in Sewers. 18, Removing obstructions to sew- ers ; expenses of removal ; liability of person responsible for same. Expenses. 19, Per diem of commissioners and their clerks. Record to be Deposited, 20, Deposit of records of work on each sewer to be made as records are completed. Duties of City Engineer. 21, To survey route of sewer when ordinance providing for con- struction is passed ; to deter- mine size of same ; to super- intend the work, 22, Proposals, bids and contracts for sewer work, 23, Penalty for unauthorized tap- ping of sewers ; City Engi- neer to notify persons using such openings to discontinue vsame ; penalty for disregard- ing notice ; such persons to pay cost of closing same. Private Sewers. 24, Permits for construction of private sewers on private property to be obtained from Commissioner of Health; penalty ; permits for same on public property to be issued by City Engineer ; penalty ; application for such permits. Tar or Refuse. 25, Gas tar or similar refuse matter .. not to be permitted to escape into sewers ; prevention* thereof ; penalty. Sewerage Commission, 26, Salary of chairman ; salaries of other members, 27, Recovery of fines and penalties imposed for violation of pro- visions- of this Article, COMMISSIONERS FOR OPENING SEWERS. City Code, (1879) Art, 44, Sec, 1. City Code, (1893) Art, 45, Sec, 1, Composition, 1. The Commissioners for Opening Streets, together with the City Engineer, are hereby constituted a board to carry into effect the provisions of this Article. City Code, (1879) Art, 44, Sec, 2, City Code, (1893) Art, 45, Sec, 2, Oath, 2. In each and every case, before said commissioners shall proceed to act as a board in the exercise of the powers confided to them by this Article, they shall severally take and subscribe the following oath or affirmation before a Justice of the Peace: ‘T, A. B., do swear, or solemnly, sincerely and truly declare and affirm, that I will to the ART. 33.] COMMISSIONERS FOR OPENING SEWERS — ORDINANCES. 1061 best of my judg-ment, knowledge and ability, faithfully, impartially and diligently execute the duties of a commis- sioner for the construction of sewers in the city of Baltimore, according to law and the ordinances of the Mayor and City Council of Baltimore. ^ ’ City Code, (1879) Art. 44. Sec. 3. City Code. (1893) Art. 45, Sec. 3. 3. The said oath or affirmation shall be recorded in a oath to be book to be provided by the said commissioners for the recording of their proceedings, and the Justice of the Peace in whose presence the said oath or affirmation shall be made and subscribed, shall certify thereto under his hand in the same book. City Code, (1879) Art. 44, Sec. 4. City Code, (1893) Art. 45, Sec. 4. 4. The clerk to the said commissioners shall keep aoutiesofcierk. full and true record of all their proceedings in a book provided as aforesaid, under the direction and supervision of the City Solicitor, and in such formas he may prescribe; cuy|oiicUo^r and the said clerk shall record all orders made by the said veyor. commissioners in regard to the performance of their duties, and make true copies of all notices by them directed to be published, and the certificate of the publication thereof ; and shall perform such other necessary duties as the said commissioners shall require; and the said commissioners shall also have the power to obtain the services of the City Surveyor, and such other assistants and agents as they may deem necessary, in the exercise of their powers, and allow to such persons so employed by them, such compen- sation as may be fixed by ordinance, and if not so fixed, such compensation as the said commissioners may deem reasonable, and assess the said compensation and all other necessary charges; and the clerk and other persons to be so employed, shall severally take and subscribe an oath or affirmation similar in substance to that required to be taken and subscribed by said commissioners, which shall be in like manner entered in the record of the proceedings of the said commissioners. 1062 SKWKRS — ORDINANCES. [arT. 33. City Code, (1879) Art. 44, Sec. 5. City Code, (1893) Art. 45, Sec. 5. 5. When the said commissioners shall assess a sum of money to be paid by any person or persons for benefits derived by such person or persons, by constructing, open- ing, enlarging or straightening any sewer, and shall assess a sum of money to be paid to the same persons for injury sustained by constructing, opening, enlarging or straight- ening any sewer, it shall and may be lawful, upon a certificate and abstract of title from the City Solicitor, for the City Register or City Collector to receive from such person or persons an assignment for the sum or sums so assessed as damages as aforesaid. PROCEEDINGS OF COM M ISSION ERS FOR OPENING SEWERS. Condemnation of Property for Sewers. City Code, (1879) Art. 44, Sec. 6. City Code, (1893) Art. 45, Sec. 6. To give notices 0. Whenever the Mayor and City Council of Baltimore required by . City Charter shall hereafter by ordinance direct the said commissioners betore exe- cntmg^ordi- to construct, open, enlarge or straighten any sewer or drain, public or private, through any private property, within the bounds of this city, the said commissioners, having given the notice required by section 822 of Article 4, Public Local Laws, title ‘'City of Baltimore,'^ and hav- ing given the notice as prescribed by section 818 of said Article 4, and such other notice or notices as may be prescribed by law or ordinance to the owner or agent of said private property, or to one of them, if more than one, through which any sewer may be intended to pass, of the object of the ordinance under which they are about to act, and of the day, hour and place of their first meeting under the said ordinance, shall meet at the time and place mentioned in ^ proceed to ex- the notice so given by them, and proceed to exercise the powers and perform the duties assigned to and required of them, under and by virtue of this Article, and ascertain whether any and what amount in value of damage will there- by be caused to the owner of any right or interest claimed in any ground or improvements within or adjacent to the said ART. 33.] PROCEEDINGS OF COMMISSIONERS — ORDINANCES. 1063 city, over and above the amount in value of benefit which will to assess dam- thereby accrue to such owner, for which, taking into consider- tained by and 111 ITT 1 benefits ac- ation all advantages and disadvantages, such owner ought to cming to . ^ owners of be compensated; and in addition thereto, shall award to the land. etc. occupant or occupants of any lot of ground or of any improvement that may be removed, such damages, if any, as the commissioners or a majority of them, may believe such party or parties have sustained by such removal; and the said commissioners, after having ascertained the whole amount of damages as aforesaid, and after having added thereto an estimate made by them of the probable amount of expenses which will be incurred in the performance of the duties required of them as aforesaid, and also the expense incurred by the City Register under the provisions of this Article, shall proceed to assess all the ground and improvements within and adjacent to the city, the owners Assessment of which, as such, the said commissioners shall decide and ^ deem to be directly benefited by accomplishing the object authorized in the ordinance aforesaid, being governed as far as practicable by the number of superficial feet drained; Rule of assess- and should the direct benefits assessed as aforesaid not be equal to the damage and expenses incurred, the balance of said expenses and damages shall be paid by the City Regis- j^^cess of ex- ter, and be taken out of the general levy — subject, £ene?ts°Is- nevertheless, to all such restrictions exempting certain descriptions of property from assessment, as are contained general levy, in any law of the State, or in any ordinance of the city. Orel. 94, October 22, 1879. City Code, (1893) Art. 45, Sec. 7. 7. In every case where it shall be necessary, in order to Proceedings effect the object proposed, that a part only of a house and oni^of'prop- lot, or of a lot, shall be taken and used or destroyed, and the owner or owners thereof shall claim to be compensated for the whole, the said commissioners may ascertain the full value thereof, as if the whole lot and improvements JfeUd uniSa were necessary to be taken and used for such proposed pro- object; and the whole amount of such valuation, when finally decided on, shall be paid or tendered to the owner or owners thereof, or invested in city stock for his, her or 1064 SKWKRS — ORDINANCES . [art. 33. Sale of materi- als on lot taken. When to be made. Bond from purchaser. Re-sale. their use before any part thereof shall be destroyed, removed or used, unless such owner or owners shall assent thereto in writing, as provided in section 14 of this Article; and the said commissioners, after giving ten days’ notice in two of the daily newspapers of the city, of the time and place, manner and terms of sale, shall sell the materials of any house which it shall be necessary to remove, in whole or in part, and the residue of any lot of which a part shall be taken and used as necessary to effect the object confided to the commissioners, and for the whole of which the commis- sioners may award compensation as hereinbefore provided, at public auction, to the highest bidder for cash, to be paid on the day when full possession shall be given of the property or materials so sold; and the said commissioners, or a major- ity of them, on receiving the price or sum of money so bid, and not before, shall, by a good and sufficient deed, to be executed and acknowledged by them in the form and manner required by law for conveying the title of lands in this State, convey any ground by them so sold to the purchaser thereof ; and such sale shall be made before the commission- ers shall proceed to assess the amount of damages and expen- ses to be assessed as directed by the provisions of this Article; and the said commissioners are duly empowered to take and receive a bond of the purchaser of the property or materials aforesaid, with a penalty to the Mayor and City Council of Baltimore, that the price for which the same was sold shall be duly paid at such time as they, the said commissioners, are prepared to deliver possession of said property and materials, and that the said purchaser shall remove, within sixty days thereafter, such materials so sold, and all rubbish or other obstructions occasioned thereby, and in the event of the purchasers failing forth- with to comply with the terms of said sale, the commis- sioners shall re-sell the said property or materials at the risk of the former purchaser or purchasers, giving not less than five days’ notice of said re-sale in two of the daily newspapers of the city aforesaid; provided, 'however, that when, in the opinion of said commissioners, the part of a lot necessary to effect the object proposed can be taken without destroying the whole lot for the purposes for which ART. 33 .] PROCEEDINGS OF COMMISSIONERS — ORDINANCES. 1065 it is used, or for building purposes, then said commissioners shall condemn such part only of such lot as is necessary for the proposed object, and shall award to the owner or commi^sioi> owners of the part of the lot so taken such damages, and assess the remainder thereof such benefits as in their judgment shall be just and proper; provided further, that when a lot is destroyed for the purposes for which it is used, or for building purposes, then the said commissioners shall give a notice in writing to the owner or owners thereof, or their agent or agents, 0 f the damage about to be sustained, and such owner or owners, or their agent or owner may agents as aforesaid, shall have the space of thirty days to within thirty determine whether they will surrender or not the lot so damaged. damaged. City Code, (1879) Art. 44, Sec. 8. City Code, (1893) Art. 45, Sec. 8. 8. As soon as the commissioners aforesaid shall have statement of completed the valuation of damages ascertained by them, to^b^m^ as directed by section 6 of this Article, they shall cause Register, a statement thereof to be made out and placed in the office of the City Register for the inspection of all persons desiring information of its contents, and such statement, together with an explanatory map or maps, shall contain a correct description of each separate lot or parcel of ground deemed to have sustained damages, its length and breadth, the name of any street, square, lane or alley on which it bounds ; the names of all persons who shall claim any estate or interest in it, and the amount of damages as valued by the said commissioners ; and if there be any house or other improvement on it necessary to be removed in whole or in part, a description of the size and such other particulars as the said commissioners shall deem proper, and in like manner a description of each parcel of ground deemed by the said commissioners to be benefited, the name or names of such person or persons as shall claim any estate or interest therein and the amount assessed thereon for benefits; and the said commissioners shall cause a notice 1066 SEWERS — ORDINANCES . [art. 33. Notice by ad- vertisement of revievp of proceedings. To meet and consider tes- timony giv- en by owners, etc Notice by City Regis- ter. to be published four successive days, in three daily news- papers of the city, stating the extent of the ground covered by the assessment, and that such statement and map, or maps, have been so deposited with the City Register for examination, and that the said commissioners will meet at their office on a day in such notice to be named, which shall be within ten days after the first publication of such notice, to review any of the several matters set forth in the said statement, to which any person claiming to be in- terested therein shall, on that day so appointed, make objection; and the said commissioners shall meet at the time and place so appointed, and consider all such repre- sentations and testimony on oath or affirmation, verbal or in writing, in relation to any matter in said statement which shall be offered to them on behalf of any person claiming to be interested therein ; and the said commissioners shall make all such corrections and alterations in the valuations, assessments and estimates, and all other matters contained in the said statements and explanatory map or maps afore- said, as in their judgment shall appear to them, or a majority of them, to be just and proper ; and they may adjourn from day to day, if necessary, to give all parties claiming a review an opportunity to be heard, not exceed- ing in the whole ten days ; and after closing such review the said commissioners shall make all such corrections in their statement and explanatory map or maps as they shall deem proper, and cause such statement and map or maps so corrected and certified under the hands and seals of said commissioners and their clerk, to be deposited in the office of the City Register as one of the records of the city ; and it shall be the duty of the City Register within five days after said proceedings shall have been deposited in his office, to notify all persons interested, by an advertisement to be inserted once a week for four successive week in three of the daily newspapers of the city, that the said assess- ment and maps have been so placed in his office, and that the parties interested therein are entitled to appeal there- from by petition in writing to the Baltimore City Court. ART. 33 ,] APPEALS IN CONDEMNATION— ORDINANCES. 1067 Appeals in Condemnation Proceedings. City Code, (1879) Art. 44, Sec. 9. City Code, (1893) Art. 45, Sec. 9. 9. The Mayor and City Council of Baltimore, or any Appeal and pro- person or persons, or corporations who may be dissatisfied upon appeal with the assessment of damages or benefits as hereinbe- more City fore provided, may, within thirty days after the return of corrected statement and map or maps to the City Register, as provided in section 8 of this Article, and the first publication of the notice thereof by the City Register, appeal therefrom, by petition in writing, to the Baltimore City Court, praying the said court to review the same, and on any such appeal the court may and shall appoint a day for hear- ing said appeal, which shall not be less than five nor more thirty days after the expiration of the thirty days limited for taking appeals as aforesaid, and shall direct the clerk of the said court, to issue a subpoena duces tecum to the City ^ity Register Register, requiring him to produce and deliver to said p°oSedSgs court the record of the proceedings of the Board of Commissioners for Opening Sewers in the case, and all map, plats, documents and papers, connected with such record ; and the said Baltimore City Court shall have full power to hear and fully examine the subject and de- co^urt to hear cide on the said appeal, and for that purpose is hereby mineappeais. authorized and empowered to adjourn from time to time, and may cause all such appeals to be consolidated, or may hear and decide them separately, and may require the said commissioners, their clerks, surveyor or other agents and servants, or any of them, and all such other persons as the court shall deem necessary to attend, and examine them on oath or affirmation, and may permit and require all such explanations, amendments and additions to be made to, and of, the said record of the proceedings as the court shall deem requisite ; and the persons appealing to the Baltimore City Court as aforesaid, shall be secured in the right of a jury trial, and the said court shall direct the Sheriff of Baltimore city to summon twelve or more per- sons qualified to be jurors, and shall empanel any twelve disinterested persons so summoned or attending the court, to try any question of facts, and if necessary, to view any 1068 SK WERS — ORDINANCES . [art. 33. property in the city or adjacent thereto, to ascertain and decide on the amount of damages or benefits under the direction of the court ; and the said court shall not reject or set aside the record of the proceedings of the said com- missioners for any defect or omission in either form or Dut^y of substance, but shall amend or supply all such defects and omissions, and increase or reduce the amount of damages and benefits assessed, and alter, modify and correct the said return of proceedings in all or any of its parts, as the said court shall deem just and proper, and shall cause the proceedings and decisions on said returns and appeals to be entered in the book containing the record of the pro- ceedings of said commissioners, certified by the clerk, under the seal of the court, and the book to be transmitted to the City Register, which shall be final and conclusive in every respect, unless an appeal be taken to the Court of Appeal to Appeals, and such records, book or copy of the proceed- App^ais. ings therein, or any part of such proceedings, whether in court or out of court, certified by the City Register, under the corporate seal of the city, shall be evidence in any court in this State ; and the Judge of the Baltimore City Court shall have full power, in his discretion, to add the Costs. reasonable costs of any appeal, to be taxed by him, or any part thereof, to the damages to be collected for construct- ing, opening, enlarging or straightening any sewer, or to require such cost, or any part thereof, to be paid by all, or by either of the appellants, as the circumstances of each appeal in his opinion shall justify. Upon every appeal to the Baltimore City Court, from any action of the Commissioners for Opening Sewers, both the damages and benefits assessed by the commissioners to the appellant shall be open for review and correction by the said City Court. City Code, (1879) Art. 44, Sec. 10. City Code, (1893) Art. 45, Sec. 10. ransferof 10. If uo appeal shall have been prayed within ten days after the time hereinbefore limited therefor, or after Collector, retum of the decision upon any appeal shall have been made to the City Register, the City Register shall transfer ART. 33 .] ASSESSMENT OF BENEFITS — ORDINANCES. 1069 the said commissioners’ return to the City Collector, who shall proceed forthwith to notify the parties assessed for benehts, by means of bills specifying the several sums so assessed, and warning them that if the same be not paid Notice of sale _ , 1 tor tioii“P3.y" within six months from the date of such transfer of said ment. commissioners’ return, he will proceed to sell the specific piece or parts of property on which such unpaid sum or sums of money shall have been assessed, in the manner, and after having given the notice directed by section 11 of this Article. Assessments of Benefits. Duties of City Collector. City Code, (1879) Art. 44, Sec. 11. City Code, (1893) Art. 45, Sec. 11. 11. If the sums assessed upon the property benefited Sale of prop- shall not be paid within the time above limited, the City non-payment Collector is hereby authorized and directed to sell the property or any part thereof, on which such assessment has been laid, giving not less than thirty days’ notice of Notice to be said sale, in two of the daily newspapers published in the city of Baltimore ; the first insertion of said notice to be made in said newspapers within sixty days after the expiration of the time limited in this Article for the pay- ments of said benefits ; and the moneys so collected by the City Collector shall be paid over by him to the Mayor and payments. City Council of Baltimore, as other moneys are directed to be paid over, to be by it paid to the persons entitled to receive the same. M. & C. C. of Baltimore v. Grand Lodge, 44 Md. 4’37. Zion Church V. Mayor, 71 Md. 524. City Code, (1879) Art. 44, Sec. 12. City Code, (1893) Art. 45, Sec. 12. 12 . In all cases in which the City Collector shall sell Terms and con any property on account of the non-payment of assessments saie?”^ made for the constructing, opening, enlarging or straight- ening of any sewer, it shall be his duty to sell said property to the extent and subject to the same conditions which are provided by law or ordinance for the sale of 1070 SBWE RS — ORDINANCES . [art. 33. Re-sale. Return of pro- ceedings to Comptroller. Deed to pur- chaser. Benefits to be liens on property. Work not to be begun un- til payment or tender of damages. real estate in the city of Baltimore, charged with the pay- ment of other taxes imposed by this corporation ; and in the event of the purchaser or purchasers, failing forthwith to comply with the terms of said sale, the City Collector shall re-sell the same at the risk of the former purchaser, giving not less than ten days' notice in two of the daily newspapers of the city aforesaid ; and after collecting the benefit assessments he shall forthwith return the proceed- ings of said commissioners to the Comptroller. City Code, (1879) Art. 44, Sec. 13. City Code, (1893) Art. 45, Sec. 13. 13. The City Collector on receiving the full amount of the purchase money on such sale shall execute a deed of conveyance in favor of the purchaser or purchasers, or their assigns or assignees, which shall convey a fee simple or leasehold estate, as the case may be, in and to such property ; and after deducting the costs of sales, adver- tising and other necessary expenses, he shall pay the balance of such purchase money to the Mayor and City Council of Baltimore, who shall pay over the said balance, after deducting the amount assessed on said property, to the person or persons entitled thereto, on demand, without interest. Carter v. Woolfork, 71 Md. 283. Property Assessed for Benefits, City Code, (1879) Art. 44, Sec. 14. City Code, (1893) Art. 45, Sec. 14. 14 . All sums of money assessed by the said commis- sioners upon property deemed by them to be benefited shall be and continue liens on each several piece of property so assessed to the amount of its particular assessment, until the same shall be paid to the city ; but no sewer shall be constructed, opened, enlarged or straightened on or under the ground of any person or persons, or corporations adjudged by the said commissioners to be entitled to damages for said opening and so forth, without the consent in writing of the person or corporation so entitled, until ART. 33.] ASSESSMENTS OF BENEFITS — ORDINANCES. 1071 such damages shall be paid, or the amount thereof invested in the city stock, for the use of each person or corporation entitled to any part of the compensation for such damages to the amount of his, her or their respective right and interest therein, of which investment the City Register's certificate under the corporate seal of the city shall be competent proof. Gould V. Ma}^or, 59 Md. 378. Central Savings Bank v. Baltimore, 71 Md. 517. Zion Church v. Baltimore City, 71 Md. 524. City Code, (1879) Art. 44, Sec. 15. City Code, (1893) Art. 45, Sec. 15. 15. Any person or persons not claiming title to any lot Ekn^trans- or piece of property upon which any sums shall be assessed as aforesaid, may pay the amount of the sum so assessed eats, within the time limited, to the City Register, and obtain his certificate of having paid such sum, without claiming title to the property, and such payments shall vest in the person or persons paying his, her or their heirs, the lien on such lot or property mentioned in section 14 of this Article. City Code, (1879) Art. 44, Sec. 16. City Code, (1893) Art. 45, Sec. 16. 16. If it should so happen that any one or more of said Apoointment commissioners should be interested in any particular case, ?ommSfion- the Mayor shall make a temporary appointment of a com- missioner or commissioners to act in the place and stead of such interested commissioner or commissioners, who shall take the oath or affirmation, as the case may be, and in all respects conduct himself as the commissioners who are appointed by the Mayor. City Code, (1879) Art. 44, Sec. 19. City Code, (1893) Art. 45, Sec. 19. 17. Whenever any lot or part of a lot, or parcel of Fee and lease- ground, may be taken for the purpose of constructing, opening, enlarging or straightening any sewer, and damages assessed therefor, and there shall be an out- standing unexpired term of years therein, the said 1072 SEWERS— ORDINANCES. [art. 33. ■Obstructions to be re- moved. Per diem to commission- ers. Deposit of papers with City Regis- ter. commissioners shall discriminate in their proceedings between the value of fee simple or ground rent interest and the leasehold interest. OBSTRUCTIONS IN SEWERS. City Code, (1879) Art. 44, Sec. 20. City Code, (1893) Art. 45, Sec. 20. 18. Whenever any obstruction shall have remained in the way of any sewer to be opened, enlarged or straightened, for the space of sixty days after the proceedings of the said commissioners shall have been returned to the City Register, it shall be the duty of said commissioners to cause the same to be removed, and to draw on the City Register for the expenses so incurred, which shall be paid by him ; and the Mayor shall forthwith cause a suit for the recovery of said expenses, to be instituted against the person or persons by whose default the said obstruction has been suffered to remain, and the same, when recovered, shall be paid to the Comptroller for the use of the city. EXPENSES. City Code, (1879) Art. 44, Sec. 21. City Code, (1893) Art. 45, Sec. 21. 19. In each case of constructing, enlarging or straight- ening any sewer, under the provisions of this Article, the said commissioners, shall, for each and every day in which they and their clerk shall be actually engaged in the per- formance of their duties, assess as part of the expenses of their proceedings, a per diem as to each of said commis- sioners and their clerks, of four dollars, to be collected as other expenses are, and to be paid to the Comptroller for the use of the city. RECORD TO BE DEPOSITED. City Code, (1879) Art. 44, Sec. 22. City Code, (1893) Art. 45, Sec. 22. 20. The said commissioners so soon as they shall have completed their work on each sewer, shall deposit all papers and books relating thereto in the office of the City Register. ART. 33.] DUTIES OF CITY ENGINEER — ORDINANCES. 1073 DUTIES OF CITY ENGINEER. City Code, (1879) Art. 44, Sec. 23. City Code, (1893) Art. 45, Sec. 23. 21 . When the Mayor and City Council of Baltimore city Engi- shall pass an ordinance for the opening, constructing, virroute."^' enlarging or straightening of any sewer within the limits of the city, the City Engineer is required to have surveyed the route of said sewer, and to determine the size the same shall be, and to take charge of and superintend the work of such opening, constructing, enlarging or straightening. City Code, (1879) Art. 44, Sec. 24. City Code, (1893) Art. 45, Sec. 24. 22 . When it shall have been determined to open, con- contracts for struct, enlarge or straighten any sewer under the provi- ers. sions of this Article, and when the assessments and survey aforesaid shall have been made, proposals for the opening, constructing, or straightening of such sewer according to plans and specifications to be prepared by the City Engineer shall be invited, and the bids opened and contract awarded according to the requirements of sections 14 and 15 of the City Charter. City Code, (1879) Art. 44, Sec. 27. City Code, (1893) Art. 45, Sec. 27. 23 . If any person or persons, owner or owners, occu- unauthorized pier or occupiers, of any lot within the city of Baltimore, sewers, shall tap or open, or cause to be tapped or opened, any of the public sewers in the city, without first obtaining the permission of the City Engineer said person or persons, owner or owners, occupier or occupiers, shall forfeit and pay the sum of twenty dollars for each and every such penalty, offence; and it shall be the duty of the City Engineer to cause a notice to be served upon such person or persons, owner or owners, occupier or occupiers, directing any of said sewers to be closed when they have been tapped or opened, in the manner prescribed by said notice, and if such person or persons, owner or owners, occupier or occu- piers, shall refuse or neglect to comply therewith, he, she or they so refusing or neglecting, shall forfeit and pay the further sum of five dollars for each and every day he, she 1074 SKWKRS— ORDINANCES . [art. 33. Such person to pay expense of closing- same. Permits for construction of private sewers on p: i- vate property to be obtained from Com- missioner of Health. Penalty. Permits for same on pub lie property to be issued by City Engineer. Penalty. Application for such permits. Gas tar or simi- lar refuse matter not to be permit- ted to escape into sewer. Prevention thereof. or they shall continue to refuse or neglect to comply there- with, and shall moreover pay the expenses incurred in case such sewer shall be closed under the direction of the City Engineer, which the City Engineer is hereby authorized to have done in cases of such neglect or refusal. Private Sewers. City Code, (1879) Art. 44, Sec. 28. City Code, (1893) Art. 45, Sec. 28. 24. Any person or persons or corporation who or which shall construct, alter or repair a private sewer or drain or waste pipe on private property without a permit from the Commissioner of Health, shall be subject to a fine of twenty dollars, and to an additional fine of ten dollars for each and every day the same shall remain; and any person or persons or corporation who or which shall construct, alter or repair any private sewer, drain or waste pipe in any public street, public lane, public alley or other public property, without a permit from the City Engineer, shall be subject to a fine of twenty dollars, and to an additional fine of ten dollars for each and every day the same shall remain; every application for any of the above mentioned permits to erect a private sewer, drain or waste pipe, shall be in writing, signed by the person or persons making the same, and shall name the length of the private sewer, drain or waste pipe proposed to be constructed. Tar or Refuse. Ord. 40, April 20, 1888. City Code, (1893) Art. 45, Sec. 30. 25. It shall not be lawful for the proprietor or proprietors of any gas-houses or gas works in the city of Baltimore to allow any gas tar, or other similar refuse matter, to escape from their said gas-houses or gas works, as that the same may thereafter flow into any of the public sewers of the city of Baltimore, and said proprietors shall construct in connection with said gas-houses or gas works, under the supervision of the City Engineer, such appliances as will in his judgment prevent the flow of said elements into any of said sewers. ART. 34 .] STOCKS, LOANS AND FINANCE— ORDINANCES. 1075 Any person or corporation offending against any provision of this section, shall be subject to a fine of one hundred Penalty, dollars ($100) for each and every offence. SEWERAGE COMMISSION. Ord. 23, November 15, 1905, 26. The chairman of the Sewerage Commission of the city of Baltimore shall receive a salary of three thousand dollars ($3,000) per annum, payable monthly, and each of the other five members of the said Sewerage Commission salaries of of the city of Baltimore shall receive a salary of fifteen hundred dollars ($1,500) per annum, payable monthly; all of said salaries to date from the date of the organization of said commission. 27. All fines and penalties incurred by the violation of Recovery of any of the provisions of this Article, shall be recovered as P?Sitfis im- other fines and penalties imposed by ordinance are recover- the provisions able, and when collected shall be paid to the Comptroller. ARTICLE XXXIV. STOCKS, LOANS AND FINANCE. ORDINANCES. City Stock. Stock Certificates. 1. Form in which to be issued. 2, To be issued in sums of one hundred dollars and equal mul- tiples thereof; transfers; trans- fer of certificates for less than one hundred dollars. 3. Not to be issued until paid for ; application of proceeds. 4. City Register to keep books for recording transfers ; to make list of holders and pay inter- est as due ; when books to be closed. 5. Application for renewal of lost or de.stroyed certificates ; ap- plication to be advertised. 1076 STOCKS, LOANS AND FINANCE — ORDINANCES. [arT. 34. 6. Applicant to make oath of loss before Mayor ; City Register to require proof of ownership by applicant. 7. Applicant to give City Register proof of his or her identity; in absence of proof to give bond for double amount of certifi- cate. Interest on Qity Stock. 8. Faith and property of city pledged for payment of same and for redemption of stock. 9. Payment of interest to be pro- vided for in annual ordinance of estimates. 10. Provision to be made for punc- tually meeting city’s engage- ments. Investments to Secure Payment of City Stock. 11. Investments of proceeds of sales of city property to be made in city stock ; purpose of such investments to be shown on face of certificates ; sinking fund; Commissioners of Finance to report to City Council. 12. To lease city property pledged for redemption of public debt; rents to be applied to sinking fund ; terms, etc.^, of leases ; public wharves not to be leased. 13. Property and revenue set apart for redemption of city stock and payment of the interest thereon. 14. Commissioners of Finance to keep books of accounts of said property ; to report annually to City Council. Sinking Fund. 15. Premiums received on loans to be invested in same loan ; stock thus purchased to be- come part of sinking fund. 16. Moneys of sinking fund to be invested in redeemable ground rents of which city is lessee ; conveyance of same in trust for benefit of sinking fund. 17. Consolidation of certificates of city stock. 18. City Register to open accounts on books of said commission- ers for sinking funds ; what such accounts shall show. Issues of Bonds and City Stock. 19. Provisions of ordinances au- thorizing same hereby re- tained and ratified. CITY STOCK. Stock Certificates. City Code, (1879) Art. 46, Sec. 1. City Code, (1893) Art. 47, Sec. 1. 1 . Certificates of city stock shall be issued substantially in the following form, viz:“ percent, stock of the city of Baltimore, No. , dollars, Baltimore. This is to certify, that the corporation of the ART. 34.] CITY STOCK — ORDINANCES. 1077 city of Baltimore is indebted to , in the sum , redeemable , and until so redeemed, bearing interest at the rate of per centum per annum, payable yearly on the first days of and This certificate is only trans- ferable at the City Register’s office, in person or by attorney, and the delivery of the certificate to the trans- feree. In testimony whereof, and in virtue of an ordinance of the city of Baltimore, I, the Mayor, have hereto set my hand and affixed the seal of the corporation, this day of 19 , , Mayor. Countersigned and recorded by , City Register.” City Code, (1879) Art. 46, vSec. 2. City Code, (1893) Art. 47, Sec. 2. 2. All certificates of stock shall be issued, in sums of sums, one hundred dollars and equal multiples thereof, and they shall only be transferable at the City Register’s office, in the presence of the Mayor or City Register, by the proprie- tor or proprietors thereof, or his, her or their legal representatives. In case of the presentation for transfer of certificates of stock calling for fractional parts of one hundred dollars, the Commissioners of Finance may pur- Fractional chase the said fractional parts for the use of the sinking funds; or if the holder or holders prefer, they may upon his, her or their paying the difference to the Commissioners of Finance, issue a certificate or certificates in the manner and form as herein provided. City Code, (1879) Art. 46, Sec. 3. City Code, (1893) Art. 47, Sec. 3. 3. Before the City Register shall issue any certificate of Not to be stock, he shall receive the money for which the same may fon be issued, and shall proceed to apply the said money to the purposes for which the issue of certificates was authorized, unless otherwise provided for by any special ordinance; in which case it shall be the duty of the City Register to obtain the written opinion of the City Solicitor to that effect previous to issuing any certificate of stock required by such special ordinance. 1078 STOCKS, TOANS AND FINANCE — ORDINANCES. [arT. 34. City Code, (1879) Art. 46, Sec. 4. City Code, (1893) Art. 47, Sec. 4. ^fSbSok^to®' of fho City Register to open and be kept. i^ggp regular and correct loan books for the registry and transfer of city stock, and under the direction of the Commissioners of Finance, to make up lists of its proprie- tors in time for the punctual payment of the interest, and to pay and take receipts therefor, and for these purposes the transfer books shall be closed twenty days previous to each day on which the interest is made payable. City Code, (1879) Art. 46, Sec. 5. City Code, (1893) Art. 47, Sec. 5. 5. In all cases of application for renewal of certificates of the stock debt of the city of Baltimore, where said Renewal oHost certificates may have been lost or destroyed, the person certificates, making such application shall give at least sixty days’ notice by publication once a week, in two daily newspapers published in the city of Baltimore, describing such certifi- cate or certificates, and at the same time declaring his or her intention to make such application. City Code, (1879) Art. 46, Sec. 6. City Code, (1893) Art. 47, Sec. 6. Oath by appli- 6. The City Register shall, before he issues such dupli- cate certificate or certificates, require the person making such application to make oath before the Mayor, that such certificate or certificates were lost or destroyed; the circumstances, if any, under which said certificate or cer- tificates were lost or destroyed, and shall also be satisfied that he or she is the owner, agent or representative of the owner of said certificate or certificates. City Code, (1879) Art. 46, Sec. 7. City Code, (1893) Art. 47, Sec. 7. Identity of 7. If the City Register shall not, from the evidence applicant. ] 3 gfQj.g contained in section 6 of this Article, be satisfied of the identity of the person, or from the circum- stances, that such certificates are actually lost or destroyed, then he shall require the person making such application to enter into a bond, with security to be approved by him. ART. 34.] INVESTMENT OF SINKING FUNDS— ORDINANCES. 1079 in double the amount of such certificate, or at the option of said person to refer the subject, together with the evidence in his possession, to the next session of the City Council. Interest on City Stock. City Code, (1879) Art. 46, Sec. 10. City Code, (1893) Art. 47, Sec. 10. 8 . The faith of the corporation and its corporate property are hereby pledged for the redemption of its stock and pledged, payment of interest thereon, at such times as may be specified in the ordinances authorizing the same. City Code, (1879) Art. 46, Sec. 11. City Code, (1893) Art. 47, Sec. 11. 9 . Such sum as may be necessary for the payment of the interest on the public debt shall be included in the ^?or annual ordinance of estimates, each and every year. City Code, (1879) Art. 46, Sec. 12. City Code, (1893) Art. 47, Sec. 12. 10 . All such payments as may be necessary to enable the Commissioners of Finance to discharge or reimburse city’s engage- any demands against the city on account of the principal punAuSiy^ or interest of the debt, which shall be actually due in con- formity to the engagements of the city, shall be made at such times in each year as will enable said commissioners faithfully and punctually to comply with such engagements. Investments to Secure Payment of City Stock. City Code, (1879) Art. 46, Sec. 13. City Code, (1893) Art. 47, Sec. 13. 11. The Commissioners of Finance shall invest in city stock all moneys in their hands, or to their credit in bank, investments received for the sale or rent of city property, pledged for uon on^Sty' the redemption of the public debt; and shall also invest all moneys that may hereafter be received from the above mentioned sources, as well as all interest accruing thereon from time to time, and have the transfers made in the name of the Commissioners of Finance, and also have stamped on the face of each and every certificate by them 1080 STOCKS, LOANS AND FINANCE — ORDINANCES. [arT. 34. purchased, the words ‘ ‘Sinking Fund Not to Be Re-issued, ’ ' Sinking fund, and report to the City Council annually the amount pur- chased, and the dates and prices at which they were purchased, and exhibit their books and the certificates of stock by them purchased during the preceding year, to the committee appointed on their accounts, which committee shall endorse all certificates of stock, if correct, and report to the City Council. City Code, (1879) Art. 46, Sec. 14. City Code, (1893) Art. 47, Sec. 14. 12 . The Commissioners of Finance shall, subject to the provisions of section 13 of the City Charter, whenever in property. their opinion it is consistent with the interest of the city, lease any part or parcel of the public property belonging to the city, which is now or may hereafter be pledged for the redemption of the public debt, and apply the proceeds of such leases exclusively towards the object of the sinking fund; provided, that in no case shall any lease be made without the approbation and consent of the Mayor, who is hereby authorized to execute the necessary conveyances to the lessees; provided, also, that the same shall be offered at public auction, after ten days' notice previously given ^pHed C.sink- in two or more of the daily papers of the time and place of mg fund, property shall be leased to the highest bidder for ninety- nine years, renewable forever, or for a shorter period, should the bids therefor, in the opinion of said board, be for the interest of the city to accept; and provided further, that one-fourth of the princi- pal that would accrue at six percent, upon the bids agreed upon, be first paid in cash, or satisfactorily secured, and the remaining three-fourths, be placed on lease for the time and agreeably to conditions named in said advertisement or promulgated at the place of sale; and provided further. Not to apply to t^^-t uothiug in this section shall be construed to relate to wharves of the public wharves of the city. city. Ord. 26, March 27, 1872. City Code, (1879) Art. 46, Sec. 15. City Code, (1893) Art. 47, Sec. 15. 13 . The greater portion of the existing debt of the corporation was created for and represents investments in ART. 34.] SINKING FUNDS — ORDINANCES. 1081 real estate, and in the stocks, bonds and other obligations property and p . 1 . . -IT 1 revenue set of internal improvement companies, yielding a large apart for . ,.. ,. Til redemption income; and it is proper that such investments and the of city stock. income derived therefrom, shall be set apart and applied to the payment of the interest and the redemption of the debt so created, as the same may become due and payable; and by reason of the amount, nature and purpose of the debt, it is expedient and desirable and promotive of public convenience and security, that all transactions proceeding from or connected with the funded obligations of the corporation and the interest thereupon be kept separate and apart from the ordinary and current receipts and expenditures of the city government; and for the purpose of accomplishing more effectually the several objects herein set forth, the following provisions as well as those contained in the next succeeding section of this Article are ordained : All the real estate from which income is derived, and all the stocks, bonds and obligations of any improvement company now held or claimed as the property of the corporation, or as due to it, as well as all taxes which may hereafter be levied and collected for this purpose, are appropriated and set apart, to be held by the Commissioners of Finance exclu- sively for the payment as aforesaid of the public debt of the corporation, and the interest thereupon as the same, or any part thereof, may become due and payable. Orel. 26, March 27, 1872. City Code, (1879) Art. 46, Sec. 16. City Code, (1893) Art. 47, Sec. 16. 14. The Commissioners of Finance are hereby directed Books of ac- and required to open books of account in the name of the Sp".^ corporation, in which books they shall cause to be succinctly and accurately set forth and described all the property herein referred to, the receipts from or on account thereof, and the payments thereupon, and annually they shall report the same to the City Council. SINKING FUNDS. Ord. 5, February 20, 1880. City Code, (1893) Art. 47, Sec. 18. 15. When any loan or loans shall be issued by the Mayor and City Council of Baltimore, to raise a certain 1082 STOCKS, LOANS AND FINANCE —ORDINANCES. [arT. 34. Premiums on loans to be invested in specific loans. Investment in redeemable ground rent* payable by city. Consolidation of city stocks. amount of money to meet the estimated cost of any public improvements, or for any other purpose, all amounts of premiums received on said loan or loans shall be invested in the specific loan on which said premiums shall be received, at its par value; and the city stock thus purchased at its par value shall be turned over to the Commissioners of Finance, to be held as a part of the sinking fund for the redemption of said loan, if there be such special sinking fund, and if there be no such special sinking fund, then the same shall be placed by the Commissioners of Finance to the credit of the general sinking fund. Ord. 81, May 17, 1881. City Code, (1893) Art.* 47, Sec. 19. 16. The Commissioners of Finance are authorized and empowered in their discretion to invest moneys belonging to the sinking fund provided for the redemption of the public debt of the city in the purchase of the redeemable annuities or ground rents, reserved out of lands heretofore leased to the Mayor and City Council of Baltimore, payable by said corporation, the conveyances thereof to be made to the Mayor and City Council of Baltimore, in trust, for the benefit and purposes of said sinking fund, in accord- ance with the provisions of section 6, of Article 4, of the Public Local Laws, title “City of Baltimore,’^ sub-title “City Charter,’^ division “General Powers,^’ sub-division “Stocks, Loans and Finance.’’ City Code, (18/9) Art. 46, Sec. 19. City Code, (1893) Art. 47, Sec. 20. 17. The Commissioners of Finance are hereby author- ized and empowered to consolidate the several certificates of city stock held by them, for any and every sinking fund under their care, and annually hereafter to consolidate all certificates of city stock as aforesaid, when examined and approved by the committee on accounts of the Commis- sioners of Finance. City Code, (1879) Art. 46, Sec. 20. City Code, (1893) Art. 47, Sec. 21. 18. The Deputy Register, as clerk to the Commissioners of Finance, is hereby directed and required to open accounts ART. 34] ISSUES OF BONDS AND CITY STOCK — ORDINANCES. 1083 upon the books of the Commissioners of Finance for all sinking funds, wherein shall be entered full and detailed accounts of each sinking fund, the amount, how invested, the acts of the said commissioners in relation thereto, all other facts necessary to a full and succinct history of each fund; the City Register is required to hold or invest the same, or the interest accruing from time to time, as said Commissioners of Finance may direct, ISSUES OF BONDS AND CITY STOCK. 19 . All the provisions of all the ordinances of the Mayor and City Council of Baltimore, heretofore duly passed and in force on the first day of July, nineteen hundred and six, relating to the several issues of bonds and city stock, duly authorized by Act of Assembly and approved by the people, are hereby retained in force and effect, as fully as if each of said ordinances were reproduced at length in this Article. The ordinances referred to and the titles of the loans authorized are as follows: Water, 5%, 1916, ord. 65, June 30, 1877; Funding, 5%, 1916, ord. 93, October 8, 1878; McDonogh Extension, 5%, 1916, ord. 157, July 14, 1890; Harford Run, Iflc^ 1920, ord. 86, October 11, 1879; Patterson Park Extension, 0c, 1920, ord. 120, October 19, 1882; Paving, 0c, 1920, ord. 140, October 4, 1880; Water, 0c, 1922, ord. 91, May 25, 1882; Conduit, 3 1-2%, 1922, ord. 120, July 25, 1896; W. M. R. R., 0c, 1925, ord. 71, May 10, 1882; ord. 114, October 9, 1882; Water, 0c, 1926, ord. 82, June 3, 1886; ord. 99, October 5, 1887. W.M. R . R.,3 1-0C, 1927, ord. 11, March 10, 1886; Conduit, 3 1-2%, 1928, ord. 87, October 15, 1902; Internal Improvement, 31-2%, 1928, ord. 98, September 26, 1888; Accounts of sinking: fund on books of Finance Commission- ers. 1084 STREETS AND CITY ENGINEER — ORDINANCES. [arT.'35. Consolidated, 3 1-2%, 1930, ord. 58, April 30, 1890; Funding, 3 1-2%, 1936, ord. 112, July 2, 1896; Public Improvement, 3 1-2%, 191^0, ord. 100, October 7, 1892; Refunding, 3 1-2%, 19 UO, ord. 32 1-2, May 6, 1898; **lTa^er, 3 1-2%-, 19J^3, ord. 86, October 14, 1902; Four Million, 3 1-2%, 191^5, ord. 137, October 5, 1894; W. M. R. R. Refunding, 3 1-2%, 1950, ord. 18, March 8, 1898; ord. 32, February 8, 1900; W. M. R. R. Refunding, 3 1-2%, 1952, ord. 18, March 8, 1898; ord. 32, February 8, 1900: Burnt District Improvement, 3 1-2%, 195k, ord. 71, April 21, 1904; Annex Improvement, 195k, ord. 216, March 6, 1905; Park Improvement, 1955, ord. 228, March 20, 1905; New Sewerage System, 3 1-2%, 1980, ord. 227, March 20, 1905. **NoTE. — See, Callaway v. Baltimore City, 99 Md. 316. ARTICLE XXXV. STREETS AND CITY ENGINEER. ORDINANCES. City Engineer. Duties and Authority. 1. To keep journal of proceedings in his office in relation to con- demnation, grading, etc., of streets, etc.; to return same quarterly to City Register ; to preserve bids, papers, writings, etc. Annual Report. 2. To include statement of work done on streets, etc., names of contractors, cost, etc. Bonds. 3. Penalties of bonds required of City Kngineer and his assist- ants. Documents and Official Papers. 4. Form of heading of warrants and documents. Labor. 5. Authority to employ necessar}'^ skilled labor. 6. Preference to be given to regis- tered voters in employment of ART. 35 .] STREETS AND CITY ENGINEER— ORDINANCES. 1085 labor ; other necessary skilled labor to be also employed. 7. To use such methods to secure such labor as he may deem best. Repairs. 8. To have right to enter upon an}’- property in repairing sewers. 9. To repair bridges whenever same is necessary. Rispections. 10. Deposit to be made by parties doing work requiring inspec- tion of City Engineer to cover costs of such inspection. Gutter Plates. 11. Weight of iron contained there- in to be stamped thereon. Burnt District. Buildings and Structures . 12. Penalty for building in con- flict with highway lines of “Burnt District.’’ Footways. 13. Permit required for construc- tion and repair of sidewalks in “Burnt District.’’ 14. Specifications for construction of sidewalks in “ Burnt Dis- trict; ’’ regulations for use of asphalt sidewalk blocks. Prohibited Structures on Sidewalks and Streets. 15. Limits between which no ob- structions on sidewalk or streets can be erected ; ob- structions defined ; proviso as to mail-box posts. Contracts. Improved Pavements. 16. Proposals to guarantee to main- tain said pavement in good order for five years ; con- tractor to remove old mate- rial at expense of city ; same to remain property of city. 17. Contractor to be paid when whole work finished and ac- cepted by City Engineer. Street Crossings, Flags and Flagstones. 18. Vitrified brick or flagstone crossings to be provided for in all contracts for paving ; specifications for flagstones and laying same. Dedicated Streets. 19. Streets unconditionally dedi- cated to be public highways ; streets, etc., excepted from provisions of this section; pro- viso as to streete in annex. Footways. Repair mg Defective Footways. 20. City Engineer to repair same where owner cannot be found; notice by advertisement to such owners where footways are out of order ; on default of owner after notice, City Engineer to repave same. Notice. 21. What to constitute sufficient notice to such owners. Repairing by City Engineer. 22. When City Engineer to proceed with work of repaving or re- pairing ; tax to be imposed on owners of abutting lots to cover cost of repairs and col- lection of cost. Cost of Repairs. 23. Procedure in collecting said tax ; tax to be due when war- rant of City Engineer is is- sued to City Collector ; tax to be lien on such lots. 1086 STREETS AND CITY ENGINEER— ORDINANCES. [arT. 35. 24. Said lien to be enforced by dis- tress or otherwise after notice. 25. City Engineer may draw on Cit}^ Register in anticipation of collection of said tax. 26. Penalty for neglect of owners to repair footways; collection of same. Flagstones . 21 . Footways to be paved with same ; how to be put down ; penalty for improper paving of footways ; City Engineer to put down flagstones where owners fail to do so after notice ; such owners to pay cost thereof. Pavements. 28. Owners of lots fronting on paved streets to put down brick pavements after notice on order of City Engineer ; specifications for such pave- ments ; pavement in front of unimproved lots ; width of same ; all thoroughfares may be required to be paved to building line ; penalty for non-compliance with require- ments of City Engineer. ‘ ‘ A 7tnex ’ ’ Footways . 29. When to be paved ; notice to lot owners ; specifications for such pavements ; repairs to same. 30. Footways so constructed to be properly graded. 31. Upon failure of owners in An- nex to construct footways, City Engineer to construct same and collect cost from owners ; such costs to be lien on property ; collection of costs. Drainage Under Sidewalks. 32. Drainage across line of side- walks to be conducted under same. 33. Underground pipes or other agencies for such drainage to be provided. 34. Methods of drainage used to be approved by City Engineer. 35. On neglect of owners, City Engineer to provide drainage as required ; notice to own- ers ; cost of drainage to be charged to owners or occu- piers of premises drained ; such costs to become a lien on said property ; City So- licitor to foreclose same if not paid within one year. 36. Penalty for violation of pro- visions of this sub-division of this Article. Temporary Footways for Pedestrians. 37. Construction of same during repairs to permanent side- walks. 38. Penalty for failure to construct same. Grade and Street Lines. Grade Lines. 39. Upon application of owners, City Engineer may direct Cit}’^ Surveyor to establish perma- nent grade lines ; how same to be done. 40. To keep record of such estab- lishments ; to make return of same to City Register ; to collect cost thereof from ap- plicant for same. ART. 35.] STREETS AND CITY ENGINEER — ORDINANCES. 1087 41. City Engineer to notify City Surve3^or of changes contem- plated and of passage of or- dinances providing therefor. 42. Upon receipt of said notice Cit}' Surve^'or to fix grades and prepare profiles. 43. City Surveyor to advertise five days’ notice before fixing, etc. grade lines. 44. Cost of work to be paid out of appropriation for City Engi- neer; proviso as to grades of streets, provision for grading and paving which has been made by ordinance. 45. Commissioner of Health to re- quire grading and paving of any private alley when neces- sary' to public health ; cost thereof to be assessed upon owners of property binding thereon. Building and Street Lines. 46. No building work to be done until lines of streets have been established. 47. Appeals to Mayor from deci- sions of City Engineer; Mayor to summon five arbitrators; their compensation ; to re- turn their award to City Reg- ister ; oath of arbitrators ; to have information and docu- ments on which decision of City Engineer is based. 48. Appellant to first file obliga- tion to pay’ costs of appeal. 49. City Engineer to ascertain said expenses. Building Permits. 50. Grade lines to be established before permits issue. 51. Duty of Inspector of Buildings to see that said lines have been properly established ; to have chart of lines in his office. 52. Said Inspector to see that buildings as erected conform to lines on chart. 53. To notify persons building not in accordance with said lines; penalty for continuing such building after expiration of said notice. Grading, Paving, Etc. (^On Application of Owners.') 54. City’ Engineer to have author- ity to grade, pave, etc., on application of majority of owners of property’ binding thereon. Notice. 55. To give notice by advertise- ment upon receipt of applica- tion; contents of notice. Contracts. 56. To advertise for proposals for grading, etc. Owners. 57. Whom to be deemed owners within the provisions of this sub-division. Curbstones . 58. Not required in paving streets, etc., not over twenty feet wide. Citj/ Property. 59. Mayor may sign petitions for paving, grading, etc., on be- half of city in respect of city property. Cross Streets. 60. When City Register shall pay expenses thereof. 1088 STREETS AND CITY ENGINEER — ORDINANCES. [aRT. 35. Improved Pavements. 61. When paving, etc., done on application of property own- ers, said owners may select kind of pavement to be used ; paving in front of city property. Grading, Paving, etc., in Annex on Application of Owners. 62. Said commissioners may grade, pave, etc., streets, etc., in Annex pro rata at expense of owners as herein provided on application of owners. 63. Notice to be given of intention to consider such application. 64. Who may sign application as owner ; Mayor may sign on behalf of city. 65. A tax to cover cost of such im- provements pro rata with frontage on street so im- proved to be levied on lots binding thereon where such grading and paving is done ; city to be regarded as owner of cross streets ; statement showing amount assessed on each lot to be prepared. 66. Payment of benefits so assessed may be deferred in discretion of said commissioners as herein provided ; said assess- ments to be liens on property. 67. Notice of assessment and re- view of same ; commission- ers to attend at place desig- nated in notice and consider objections and make correc- tions ; corrected list of as- sessments to be delivered to City Register and such final assessments to become liens. 68. Notice of deposit of said list with City Register to be pub- lished. 69. Written or printed notice of assessments to be served on owners of property assessed ; proviso. 70. Persons dissatisfied with as- sessments may appeal to Bal- timore City Court. 71. Transfer of lists of assessments to City Collector for collec- tion ; procedure in collection of asses.sments ; when assess- ments to become due. 72. Disposition of money collected on account of assessments. Grading, Paving, etc., by Owners in Annex. 73. Majority of property owners on streets in Annex may select paving and pave streets at their own expense ; to file specifications for such paving with City Engineer ; city to pave cross streets ; not less than one block to be so paved ; paving to be uniform; parties improving to give bond to indemnify city. Paving Assessments or Tax. 74. To be imposed on owners of property binding on street, to cover cost of paving, etc., same under contract; said tax to be lien on property. 75. City Engineer to make list of persons liable for said tax ; to deliver duplicate of said list to City Collector ; tax to be collected in sixty days ; when contractor to be paid. ART. 35 .] STREETS AND CITY ENGINEER — ORDINANCES. 1089 76. Notice to persons liable for said tax ; to be collected by City Collector. Selection of Paving. 77. Cobblestone pavements prohib- ited. 78. City to notify owners of prop- erty binding on newly opened streets of intention to pave same ; contents of notice ; owners to select kind of pave- ment ; Cit}" Engineer to select i same where owners default. 79. ‘ ‘Improved pavement ’’defined. 80. Where city pays whole cost of pa\dng, etc., City Engineer may select pavement with approval of Mayor. Paving Work. 81. Unless otherwise provided, all paving to be done by contract or by labor employed by city. Macadam Paving in '‘‘‘Annex.'" 82. Macadamizing permitted in An- nex where desired by owners of property ; to be approved by Mayor and City Engineer. Stepping Stones. 83. To be placed by City Engineer wherever the public conven- ience requires, upon applica- tion therefor. Wharves, Docks, Etc. 84. Repairing private wharves, streets, alleys, etc. Nuisances. 85. Commissioner of Health to di- rect City Engineer to pave or re- pave streets in state of nuisance; cost of such paving, etc. 86. To publish ten days’ notice of time and place of making assessments for such paving ; all persons interested to have opportunity to object ; cost to be apportioned after hearing all persons interested ; to make list of property owners affected ; list to show amount due from each piece of prop- erty. 87. Procedure in case the court decides that no nuisance ex- isted ; to refund moneys paid in such cases. 88. Duty of City Engineer where owners are non-residents ; to give notice to same by publi- cation before proceeding here- under ; contents of notice. Paving Ordinances. Legal Form. 89. Before proceeding under any ordinance for paving, grad- ing, etc., City Engineer to have certificate of City Solici- tor that same is valid and sufficient. Hearing before Council. 90. Preliminaries to passage of any ordinance for grading, etc., streets. Bids and Contracts. 91. After passage of ordinance City Engineer to advertise for proposals; award of contracts; to make estimate of cost. Paving Assessments. 92. To be apportioned among owners of property binding on said .streets. 1090 streets and city engineer — ORDINANCES., [arT. 35. 93. Apportionment to be adver- tised ; contents of advertise- ment ; review and correction of apportionment ; to hear all parties ; to make correct list of property, owners, and amounts due from same ; to file duplicate list of, with City Register with necessary plats. 94. After deposit of said list City Register to notify all inter- ested parties by advertise- ment. 95. Written or printed notice to be served on each party assessed. Appeals from Paving Assessments . 96. Persons dissatisfied may appeal to Baltimore City Court for review ; further appeal to Court of Appeals. Void Ordinances. 97. Proceedings where such ordi- nances are set aside or re- pealed ; moneys paid there- under to be refunded and costs paid by city. 98. Procedure where no appeal is taken, or after appeal is decided. Excess of Expenses. 99. City to pay excess of expenses over assessments. 100. When whole assessment col- lected, contractor to be noti- fied to proceed with work ; where assessments excessive, excess to be refunded. Bermuda Asphalt. 101. Authorizing Bermuda asphalt instead of sheet Trinidad Lake asphalt, when latter or an “equally good’’ asphalt is specified in ordinance. Names of Streets. 102. Commissioners for Opening Streets may change or revise same. 103. Changes to become effective only after approval of Mayor and City Council. Permits for Digging up Streets. Unpaved Streets. 104. No earth to be removed from same without license from City Engineer ; penalty. Paved Streets. 105. No part of street surface to be disturbed without permission of City Plngineer. 106. Conditions under which such permit is issued ; conditions under which permit for erec- tion of poles, etc., is issued. 107. Penalty for violation of two next preceding sections. Trenches^ Drains., Etc. 108. Not to be thrown up or dug in streets, etc., without permit; permit to state conditions ; penalty for failure to comply therewith. Gas and Water Connections . 109. Regulating connection of pub- lic and private houses with gas and water mains, sewers, etc. 110. Mains and sewers to be con- structed in beds of alley's where practicable. Regulating Opening and Use of Streets. Repairs. 111 . City Engineer to repair streets over trenches made by gas companies and collect cost thereof from said companies. ART. 35.] CITY ENGINEER— ORDINANCES. 1091 Safety Regulations. 112. Corporations and individuals in digging up streets under permits must protect vehicles and pedestrians ; specifica- tions for protection arrange- ments ; penalty for neglect of proper precautions ; piles of material in streets to be indicated by lanterns at night ; penalty for neglect. Restoring Street Surface. 113. All excavations to be com- pactly filled ; ground to be made solid; penalty; offend- ers to comply with require- ments in addition. Street Franchises. 114. Penalty for failure to keep in repair or to restore or replace surface of streets, etc., by those upon whom obligation so to do is imposed by law or ordinance. 115. City Engineer may make re- pairs at cost of party liable therefor ; may institute suit for collection of such cost. Protection of Street Surface. 116. Mortar not to be mixed on sheet asphalt or other im- proved pavements ; fires on pavements forbidden ; kero- sene or other oils not to be permitted to run on or over such pavements ; oil tank wagons to have drip pans ; trestles, etc., bearing weights to have flat bearing surfaces; minimum area of such sur- faces ; penalty. Destruction of Embankments^ Etc. 117. Penalty for injury to such, or other public work ; to be lia- ble for expense of repairs in addition to penalty. 118. Recovery of fines and penal- ties imposed for violation of provisions of this Article. CITY ENGINEER. Duties and Authority. City Code, (1879) Art. 47, Sec. 67. City Code, (1893) Art. 48, Sec. 68. 1 . The City Engineer shall keep a fair journal of all proceedings in his office, as far as they may relate to the condemnation, grading or leveling of the streets, lanes and alleys, and the establishment of boundaries or the making and repairing of sewers, and the building and repairing of bridges, and shall return the same under his hand and seal at least once in every three months, to the City Register, to be by him recorded and filed in his office; and he shall carefully preserve all bids for work to be done, and all papers and writings belonging to his office. To keep jour- nal. To return pro- ceedings to City Regis- ter. Bids, papers, and writings. 1092 STREETS AND CITY ENGINEER — ORDINANCES. [arT. 35. Annual Report. City Code, (1879) Art. 47, Sec. 71. City Code, (1893) Art. 48, Sfec. 72. 2. The annual report of the City Engineer shall include statement of a Statement of the several streets, lanes and alleys, or on stree°ts^ parts thereof, that have been paved or repaved during the year, together with the names of the contractors, the number of square feet and the sum per square foot paid for paving or repaving, as the case may be, and also an explicit statement whether all the provisions of the ordi- nances relating to paving and repaving, and the duties required of the City Engineer have been complied with. Bonds. City Code, (1879) Art. 47, Sec. 63. City Code, (1893) Art. 48, Sec, 64. Ord. 72, May 17, 1895. ^scribSfor * 3. The penalty of the bond required by law to be given EnglJeir^^^^ by the City Engineer, shall be the sum of ten thousand ($10,000) ; and the Assistant City Engineers shall give bond for the faithful performance of their duties respectively in the penal sum of five thousand dollars ($5,000) each. Documents and Official Papers. City Code, (1879) Art. 47, Sec. 72. City Code, (1893) Art. 48, Sec. 73. Heading of 4. All Warrants and other documents issued by the City documents. Engineer, or connected with his sub-department, shall be headed : ‘‘Department of Public Improvements, Sub-De- partment : City Engineer.^' Labor. Ord. 16, February 27, 1893. City Code, (1893) Art. 48, Sec. 94A. City Engineer 5. The City Engineer is hereby authorized and directed skfi“d ?abor. to employ such skilled labor as may be necessary to carry on the various works under his direction in a proper and expeditious manner. ART. 35 .] REPAIRS — INSPECTION — ORDINANCES. 1093 Ord. 16, February 27, 1893. City Code, (1893) Art. 48, Sec. 94B. 6. Preference shall be given to the employment of all such skilled laborers who are registered voters of the city voters, of Baltimore, and the City Engineer is hereby authorized and directed to employ as many other skilled laborers who may not be registered voters of the city of Baltimore as may be necessary in his judgment to enable him to carry voters may be on the various works under his direction in a proper and expeditious manner. Ord. 16, February 27, 1893. City Code, (1893) Art. 48, Sec. 94C. 7. The City Engineer is hereby authorized and directed obtained, to obtain such skilled labor by individual solicitation, by advertisement, or by any other method that may be deemed best by him for the interests of the city of Baltimore. Repairs. City Code, (1879) Art. 47, Sec. 78. City Code, (1893) Art. 48, Sec. 79. 8. The City Engineer shall have full power and author- Entry for re- ity to enter upon the lots of ground or possessions of any sewers, person or persons, or bodies corporate, through which the public sewers now or may hereafter run, to regulate or repair the same. City Code, (1879) Art.' 47, Sec. 79. City Code, (1893) Art. 48, Sec. 80. 9. The City Engineer is hereby directed whenever any Repair of of the bridges within the city stand in need of repairs, to mend and repair the same as he, with the approbation of the Mayor, may think fit. Inspections. Ord. 172, March, 21, 1899. 10. In all work hereafter to be done under the super- vision of the City Engineer or his sub-department, as provided in ordinances and resolutions of the Mayor and City Council of Baltimore and permits issued by the City 1094 streets and city engineer — ORDINANCES. [arT. 35. D^osiuobe Engineer, which, in his judgment, require the services of parties doing an inspector, it shall be the duty of the City Engineer to spicdon^by party or parties to make a deposit of money City Engi- to cover the cost of such inspection. This shall cover all neer to cover , . . , costs of such work in connection with street railway tracks, steam rail- inspection. . n i • way tracks, grading, paving and curbing of streets, lanes and alleys, all subway construction, sewers, drain pipes, gas pipes, water pipes, sewer connections, etc. Gutter Plates, Ord. 72, May 15, 1886. City Code, (1893) Art. 48, Sec. 89. Stamp on gut- 11. The City Engineer is authorized and directed to ter plates. i n . , „ . have stamped on all gutter-plates, the weight of iron con- tained therein, furnished by contractors to the city of Baltimore. * BURNT DISTRICT. Buildings and Structures. Ord. 152, November 21, 1904. ^budSnS’in owner, lessee or occupant of any lot within conflict with the ‘ ‘Burnt District, ’ ’ who shall erect thereon any building, highway n ^ i • • i i i • i of wall, fence or other structure in conflict with the highway Burnt Dis- ’ ^ trict.” lines established by Ord. 152, approved November 21, 1904, shall be held to be guilty of a misdemeanor, and upon conviction thereof, shall forfeit and pay a fine of five dollars ($5). Footioays. Ord. 245, April 24, 1905. Sidewalks in 13. Hereafter no sidewalk or footway within the terri- tricu” tory known as the “Burnt District’’ shall be paved, re-*paved or repaired without a permit first being had and obtained from the City Engineer. *NoTE. — As to liability of street railway for non-repair of gutter cover- ^ ings in certain cases, see, McCarthy v. Citizens’ Ry. Co., Daily Record, April 29, 1889. ART. 35 .] CONTRACTS— IMPROVED PAVEMENTS — ORDINANCES. 1095 Ord. 245, April 24, 1905. 14. Within the territory known as the ' ‘Burnt District, ’ ’ construction all sidewalks or footways hereafter laid or re-laid, or re- of sidewalks paired to the extent of more than one-half of their original value, shall be constructed of concrete or of granite, or of flag-stones, or of asphalt tiles not less than two and one- half inches in thickness, in accordance with specifications to be furnished by the City Engineer at the time when the permit provided for in the next preceding section of this Article shall be granted ; or asphalt sidewalk blocks, pro- vided such blocks are laid on a concrete base four inches Regulation as in thickness, all in accordance with specifications to be sidewalk furnished by the City Engineer as heretofore provided in this section for other sidewalks. Prohibited Structures on Sidewalks and Streets. Ord. 15, November 6, 1905. 15 . Within that part of Baltimore City known as the limits be- “ Burnt District,'^ as described and bounded in Chapter 87 which no ob- of the Acts of the General Assembly of Maryland of the sidewalk o? year 1904, it shall be unlawful to erect upon the streets, e^tldln ^ lanes and alleys of the city between the grade of the side- tdcY" ^ walk and a point ten feet above such grade, any awning poles, posts, hitching posts, barber poles, railings, open areas, stepping stones, sign posts, horse troughs, clocks, stands of any character, cellar doors or coal holes, unless the same be flush with the pavement, steps, porticos, bay windows, bow windows, show windows, signs, columns, piers or other projections or structural ornaments of any character to the houses fronting on the same ; provided, however, that nothing herein shall be taken as applicable to mail box posts, or other agencies used by the Federal Government in the collection and distribution of mail. CONTRACTS. Improved Pavements. Ord. 117, June 25, 1894. 16 . The City Engineer is authorized and directed to require all proposals for laying improved pavements under 1096 STREETS AND CITY ENGINEER — ORDINANCES. [arT. 35. any ordinance or ordinances of the Mayor and City Council of Baltimore, to include the guarantee of the contractor to To maintain maintain the said pavement in good order for five years 2lni1n%ood from the date of the acceptance of said work by the City Engineer, and that all the old material on streets, or por- tions of streets, provided to be repaved by said ordinances shall be removed by the contractor, at the expense of the m^^terili and city, to such place or places as the City Engineer shall from main prop- time to time designate, and the said old materials shall erg^ of the property of the city. Ord. 117, June 25, 1894. 17. When the whole work of repaving any street or streets provided to be repaved under any ordinance or ordinances of the Mayor and City Council of Baltimore When contract- shall have been finished and accepted by the City Engineer, plid.^ ^ all sums then remaining unpaid shall be paid to the con- tractor. Street Crossings, Flags and Flagstones. City Code, (1879) Art. 47, Sec. 37. City Code, (1893) Art. 48, Sec. 38. Ord. 97, June 16, 1904. Vitrified brick 18. In all contracts for paving or re-paving streets flagstones or with cobble stones, belgian blocks or macadam, there shall crossings to be incorporated a provision calling for either vitrified brick in all con- crossings, flagstones or flagstone crossings across all paving, etc. strccts, lancs or alleys at their intersection with each other, as shall be determined upon by the City Engineer, whenever he shall consider said crossings necessary or desirable for the proper use of said street. And when- ever flagstones shall be hereafter used, they shall consist of two rows of gneiss granite or other hard stone, two feet in width and not less than five inches in thickness, and they shall be so laid that there shall be a space of one foot between said two rows of flagstones, which shall be paved with belgian blocks. ART. 35 .] DEDICATED STREETS — FOOTWAYS — ORDINANCES. 1097 DEDICATED STREETS. Ord. 2, June 14, 1905. 19. All streets, avenues, lanes and alleys situated within Declaring- cer- the corporate limits of the city of Baltimore, and which cated streets said streets, avenues, lanes and alleys have been hereto- highways, fore unconditionally dedicated as highways by deed or plat, or in any other manner by which a street, avenue, lane or alley may be dedicated as a highway, be and the same are hereby declared to be public highways of the city of Baltimore ; saving and excepting that this section shall not be construed to apply to any street, avenue, lane or alley less than ten feet in width, and provided further, that this section shall not apply to any street, avenue, lane or alley, heretofore dedicated, unless the same is directly con- nected with some street, avenue, lane or alley already a public highway, or which under the terms of this section shall become a public highway ; and provided further, that this section shall not apply to any streets, avenues, lanes and alleys within the territory annexed to the city of Balti- more by the Act of 1888, Chapter 98, unless the same have been so dedicated that the lines and grades thereof con- form to the general plan of streets for the Annex adopted under Ordinance 129, approved December 3, 1898, (codified as sections 5, 6 and 7 of Article 39, title ‘ ‘Topographical Survey’’ of this Code), or any lawful amendment or amendments thereof. FOOTWAYS. Repairing Defective Footways. City Code, (1879) Art. 47, Sec. 50. City Code, (1893) Art. 48, Sec. 51. 20 . The City Engineer is hereby authorized and direct- ed, in all cases where the owner or owners of ground Notice by fronting on any of the paved streets, lanes or alleys of the ment toown- city cannot be found at the time said footways are out of where^foot- order, to cause to be published in three or more of the otlvifr. daily papers having the largest circulation published in the city of Baltimore, at least five times, the location and number of feet of such lot or lots of ground, and notice of 1098 STREETS AND CITY ENGINEER — ORDINANCES. [arT. 35. his intention to have the footways of such lot or lots paved repaved or repaired, as the case may be, and in case City Engineer said lot or lots shall not be paved, re-paved or repaired gme^and within the time specified in said notice, the City Engineer lector collect shall have the footways of such lot or lots paved, re-paved or repaired, and shall hand over to the City Collector his warrant, to be by him collected as herein provided. Notice. City Code, (1879) Art. 47, Sec. 51. City Code, (1893) Art. 48, Sec. 52. 21 . The City Engineer shall cause notice of said order to be given to the proprietor or proprietors of the lot or lots in front of which a footway is required to be filled up, dug down, paved or repaved in manner following, that is ing notice, to say: the said order, or a copy thereof, may be left at any house on such lot, or served personally on the proprietor or proprietors, or his, her or their tenant, agent or guardian, or left at his, her or their residence, or a copy of such order may be published in one or more of the newspapers of the city, not less than five times, notice in any of which said modes shall be deemed sufficient. Repairing hy City Engineer. City Code, (1879) Art. 47, Sec. 52. City Code, (1893) Art. 48, Sec. 53. ^trstoobJy”’ If proprietor or proprietors of any lot or lots notice. fronting on any paved street, lane or alley, shall neglect or refuse to fill up, dig down, pave or repair the footways in front of such lot or lots, for the space of ten days after service of a printed or written order, or copy thereof, in manner as aforesaid, to be reckoned in case of publication in a newspaper from the date of first publication, then the City Engineer is authorized and directed to have the said foot- ^to reSSr Ind ways filled up, dug down, paved or re-paved with brick in ^ sufficient and substantial manner, or repaired in such imposed. manner as the City Engineer shall think proper, and a tax shall be imposed upon each respective lot in front of which the footways shall have been so filled up, dug down. ART. 35 .] COST OF REPAIRS — ORDINANCES. 1099 paved or repaired, equal to the expenses of such filling up, digging down, paving or repairing, with an addition thereto of three per cent, for the expense of collecting. Cost of Repairs. City Code, (1879) Art. 47, Sec. 53. City Code, (1893) Art. 48, Sec. 54. 23. The City Engineer shall issue his warrant to the City Collector, approved by the Mayor, for the collection of said tax, containing the names of the person or persons who are to pay such tax, and the amount to be paid by each, correcting, however, any mistake in the said list as often as he may be satisfied such correction shall be necessary ; and the said tax shall be due immediately on ^hen tax is making out said warrant, which the said City Engineer may do as soon as he can ascertain the expense incurred, or to be incurred, and such tax shall be a lien upon all such lots. City Code, (1879) Art. 47, Sec. 54. City Code, (1893) Art. 48, Sec. 55. 24. The City Collector shall immediately collect the '^fected^by dis- same by distress or otherwise, giving sixty days’ notice ot^lr^'ise. previously to distress, and pay over the same to the Comptroller. City Code, (1879) Art. 47, Sec. 55. City Code, (1893) Art. 48, Sec.. 56. 25. The City Engineer is authorized, with the approba- tion of the Mayor, to draw on the City Register in anticipa- ^uch tax. tion of such tax, for such sum or sums of money as may be necessary to fill up, dig down, pave or repair any such footways. City Code, (1879) Art. 47, Sec. 56. City Code, (1893) Art. 48, Sec. 57. 26. If any person or persons shall neglect or refuse to fill up, dig down, pave or re-pave any footway in front of Penalty for his her or their lot or lots, when required so to do by the paie’^or^re- City Engineer, in the manner hereinbefore provided, such ways.^°°^ person or persons shall forfeit and pay twenty-five cents per front foot every day such person or persons shall refuse 1100 streets and city engineer — ORDINANCES. [aRT. 35. or neglect to fill up, dig down, pave or repave as afore- said, as a fine for such neglect or refusal; and it shall be the duty of the City Engineer, when he issues his warrant for the said tax, to take the necessary steps for enforcing the said fine. Flagstones. City Code, (1879) Art. 47, Sec. 58. City Code, (1893) Art. 48, Sec. 59. 27. It shall not be lawful for any person or persons to pave any of the footways binding on any of the streets, lanes or alleys of the city of Baltimore with stone, unless the same shall be put down with good and sufficient fiag- Fiagstones to stones, in accordance with the provisions of section 18 of be put down. Aj^ticle, Under a penalty of one dollar for every front foot; and if any such person or persons shall neglect or refuse to comply with the provisions of this section within ten days after service of a written or printed order, or Duty of City thereof, as provided by section 21 of this Article, to Engineer rockonod, in case of publication in a newspaper, from the neglect date of first publication, then the City Engineer is authorized provisions and directed to put down such flagstones and to collect the relating to i it- F ^ flagstones, cost thereof With an addition of three per cent, for the expense of such collection, from said person or persons so neglecting or refusing to comply with the provisions of this section. Pavements. City Code, (1879) Art. 47, Sec. 60. City Code, (1893) Art. 48, Sec. 61. 28. Except as to the ‘‘Burnt District’', the City Engi- neer is authorized to direct and require by written or ^mentsTcity Pointed order, the proprietor or proprietors of any lot or SaJ^eqiire lots fronting on any of the paved streets, lanes or alleys of gme to be up, or dig down to the proper grade, or to pave or repair the footways in front of such lot or lots, with a good and sufficient brick pavement, on a bed of good sharp sand, not less than six inches deep, within ten days un" after notice of such order; the said footways in front of improved unimprovod lots to be paved with good and substantial ART. 35.] ANNEX FOOTWAYS — ORDINANCES. 1101 brick of such width from the curbstone as the City Engi- neer shall direct, not less, however, than four feet, and all the thoroughfares or business streets of the city shall be paved to the building line, if thought requisite by the City Engineer, and in case of refusal or neglect by the proprie- tor or proprietors of any lot or lots of ground to comply with the requirements of the City Engineer, the owner or owners of said lot or lots of ground shall be subject to a Penalty, fine of ten dollars for each and every day such notice or order shall remain uncomplied with, to be recovered as other fines and forfeitures are recoverable. ''Annex'' Footways. Ord. 51, May 2, 1902, Sec. 1. 29. The City Engineer is authorized and directed when- ever any unpaved street, lane or avenue in the annexed portion of the city of Baltimore, used as a public thorough- owners in fare, is without a proper footway along said street, lane construct , j} • *11 n 11 footways of or avenue and is out ot repair or m bad, unsate and danger- cinders or ous condition, to notify the owner of the lot fronting upon where same 1 1 1 i 1 • i 1 are out of re- such unpaved street, lane or avenue m the same manner pair or un- as notice is now required to be given to the owners of lots fronting on paved streets where the footways binding on such lots are required to be repaved or repaired, requiring Notice to said owner to construct a footway out of cinders, crushed stone, wood or other suitable material along such unpaved street, lane or avenue, or repair or put in good condition any footway already constructed or existing along said street, lane or avenue within five days from the time of giving said notice. Ord. 51, May 2, 1902, Sec. 2. 30. The City Engineer is authorized to have such foot- ways as he may construct or as may be constructed in pro'^ISy compliance with the provisions of the next preceding section of this Article, brought to proper grades, either by excavating where too high or filling in where too low. 1102 streets and city engineer — ORDINANCES. [arT. 35. Upon failure of owners to construct footways, City Engi- neer to con- struct same and cost thereof to be co^ected from owners. City Collector to make col- lections. Drainage to be conducted under side- walks. Underground pipes pro- vided there- for to be ap- proved by City Engi- neer. Ord. 51, May 2, 1902, Sec. 3. 31 . Upon failure of any owner or owners of a lot or lots fronting upon any unpaved street, lane or avenue in the annexed portion of the city of Baltimore, to comply with the notice provided for in section 29 of this Article, the City Engineer is authorized and directed to construct such footways and make any and all repairs and grading necessary to be done with the force under him in his department, and to charge the cost thereof, to the owner or owners to whom such notice shall have been given; which said cost shall be a lien against the property fronting or abutting on the footways so constructed, graded or re- paired, and these costs or charges shall be given into the hands of the City Collector, to be collected by him as other claims of the city are collected. Drainage Under Sidewalks. Ord. Ill, June 22, 1904, Sec. 1. 32 . All drainage of every character whatsoever within the city of Baltimore, be it from rainspouts or from any other conceivable source which naturally or artificially fiows outward and across the line of the public sidewalks into the gutterways or other means of discharge, shall be conducted under instead of across the surface of said side- walks. Ord. Ill, June 22, 1904, Sec. 2. 33 . The owner or owners or occupiers of any building or other structure from which the drip or drainage as above described, is carried or is to be carried, across the line of the public sidewalk aforesaid, shall provide underground pipes or other agencies, so as to conduct the same under the surface of the sidewalks, as required by the next pre- ceding section of this Article; the scheme of pipes or other agencies to be subject to the approval of the City Engineer. ART. 35 .] DRAINAGE UNDER SIDEWAEKS — ORDINANCES. 1103 Ord. Ill, June 22, 1904, Sec. 3. 34 . No method of conducting* drainage under the public sidewalks, in accordance with the provisions of the two whether next preceding sections of this Article, shall be deemed a drainage ^ ® 1 e 1 1 comply with sufficient compliance with the terms thereof, unless such this Article, method is approved and so certified by the City Engineer. Ord. Ill, June 22, 1904, Sec. 4. 35 . In all cases where the owner or owners or occupiers when owners, of buildings or other structures shall refuse or neglect to to comply make provisions for the discharge of the drip or drainage ing provi- in accordance with the intent and purpose of sections 32, 33 and 34 of this Article, the City Engineer shall proceed to have the necessary means or appliances properly con-^^^.^^ structed, having first given at least three days’ notice to such owner or owners, or occupiers to comply with the provisions of said last named sections, and the cost of said means or appliances and of the laying and construction thereof, shall in such case be charged to the owner or city Engineer owners or occupiers of the building or other structure from d^ffnag^^^ which the drip or drainage is so conducted; and the said cost upon . 1 n ii 1 owners, etc. owner or owners or occupiers shall thereupon become indebted to the Mayor and City Council of Baltimore for the full amount expended as aforesaid, and the claims therefor shall become a lien on the entire lot and premises, and, should the indebtedness not be paid to the city within city solicitor one year from the time at which the expense was incurred, the same shall be placed in the hands of the City Solicitor for foreclosure and recovery of the money, including all costs and interest. Ord. Ill, June 22, 1904, Sec. 5. 36 . Any person or persons violating the provisions of sections 32, 33 and 34 of this Article, shall be subject to a penalty penalty of not less than fifty dollars ($50), nor more than one hundred dollars ($100) . 1104 Footway to be erected with- in two days. Penalty. Upon applica- tion by ow- ner, City Engineer may direct City Sur- veyor to es- tablish per- manent grade lines. STREETS AND CITY ENGINEER— ORDINANCES. [arT. 35. Temporary Footways for Pedestrians. Ord. 13, February 24, 1894, Sec. 1. 37. Whenever any sidewalk shall be dug or torn up by any person or corporation, the said person or corporation so digging up or tearing up the sidewalk shall, within two days from the time of the beginning of digging away or tearing up the sidewalk, construct over said sidewalk so dug or torn up, a substantial footway not less than three feet wide with proper guards on the side for the use of the public, which shall be maintained until said sidewalk is restored and repaved in a proper manner. Ord. 13, Februar}^ 24, 1894, Sec. 2. 38. Every person or corporation refusing or neglecting to comply with the provisions of the next preceding section of this Article shall be liable to a penalty of ten dollars ($10) for each and every day which shall elapse until a footway shall be constructed as therein provided. GRADE AND STREET LINES. Grade Lines. City Code, (1879) Art. 47, Sec. 28. City Code, (1893) Art. 48, Sec. 28. Ord. 116, June 23, 1904. (Sec. 28). 39. Upon application in writing to the City Engineer by the owner of any property binding upon any street, lane or alley, or part thereof, now or hereafter to be marked, located, widened, straightened, or laid out upon the plan of the city for the fixing and establishing or changing, as the case may be, of the permanent grade line or lines of any such street, lane or alley, or part thereof, the City Engineer shall, provided in his judgment the public interests require such permanent grade line or lines to be fixed and established, or changed, notify the City Sur- veyor of such application, and, upon receipt of said notice from the City Engineer, the City Surveyor shall thereupon proceed to fix and establish, or change as the case may be. ART. 35.] GRADE AND STREET DINES— ORDINANCES. 1105 the permanent grade line or lines of any such street, lane or alley, or part thereof, in accordance with the provisions of sections 41 to 44, inclusive, of this Article. Dasliiell v. M. & C. C. of Baltimore, 45 Md. 615. Orel. 116, June 23, 1904, Sec. 28. 40 . The City Engineer shall keep in his office a record of such establishments or changes, and shall also make a written return of the same to the City Register, who shall «eer. record the same and preserve the original in the files of ^ his office, and shall also collect the cost of such establish- ord thereof ’ to be filed in ments or changes of grade from the person or persons cuy R^g^s- making application for the same. Ord. 58, May 2, 1888. Ord. 105, October 9, 1888. Ord. 33, April 26, 1889. City Code, (1893) Art. 48, Sec. 29. Ord. 116, June 23, 1904. Sec. 29. 41 . Whenever the City Engineer shall determine in his city Engineer judgment that the public interests require the establish- su^wl^fr^^o/ ment or change of the grade line or lines of any street, lane nation to or alley, or part thereof in the city of Baltimore, whether g^adf^tc. such street, lane or alley or part thereof has been con- demned or not, he shall forthwith notify the City Surveyor of his said determination and the City Engineer shall like- wise notify the City Surveyor of the passage of any ofiTssageS ordinance which may provide for the fixing and establish- SroiiS^ ing, or the changing, of the grade line or lines of any cit^sSI^- ° street, lane or alley or part thereof in the city of Baltimore. Ord. 116, June 23, 1904, Sec. 29A. 42 . Upon receipt of said notification from the City city surveyor Engineer, the City Surveyor shall proceed to fix and and pS?ar? establish, or to change, as the case may be, and to prepare profiles, of the grade lines of all such streets, lanes or alleys, or parts thereof, as are embraced in said notice from the City Engineer. 1106 streets and city engineer— ordinances. [art. 35. Ord. 116, June 23, 1904, Sec. 29B. Five days’^ 43. Beforc fixing and establishing or changing as the city^survey- case may be, the grade line or lines of any such street, lane tisement. or alley or part thereof in the city of Baltimore, the said City Surveyor shall give five days’ notice in three daily papers published in the city of Baltimore, that he will appear on the premises at the time and on the day named in said notice, for the purpose of fixing and establishing or changing, as the case may be, the said grade lines. Ord. 116, June 23, 1904, Sec. 29C. cos^t^of^fixing 44. The cost of so fixing and establishing or changing paid out of the said grade lines shall be paid for out of the appropria- appropria- . . gonfor^city tiou allowed the City Engineer s department for the purpose ; provided, however, that whenever under the Proviso. provisions of sections 41 to 43, inclusive, of this Article, the City Surveyor shall fix and establish, or change the grade lines of any street, lane or alley or part thereof in the city of Baltimore, which has been by -ordinance di- rected to be graded and paved, the cost of such establishment or change shall be added to the cost of the grading and Cost to be add- paving of said street, lane or alley, or part thereof, to be grading etc., paid and collected as the cost of such grading and paving of streets. 7 . i i n i o o r- o IS paid and collected. Ord. 116, June 23, 1904, Sec. 29D. Commissioner 45. Whenever the Commissioner of Health shall be of rlquS^rS- the opinion that the public health requires the grading and ill? of any puving of any private alley, he shall issue a certificate to when ne?et that offoct, directed to the City Engineer and thereupon the City Engineer shall proceed to grade and pave the same according to the provisions of this Article, as far as the same are applicable ; provided, however, that whenever in such case it shall be necessary, in the judgment of the City Engineer, to fix and establish or change the grade lines of such private alley, or part thereof, so to be graded and paved as aforesaid, it shall be the duty of the City Surveyor to fix and establish or change such grade lines ART. 35.] BUILDING AND STREET LINES — ORDINANCES. 1107 upon notice from the City Engineer as provided in sections 41, 42 and 43 of this Article ; the cost of fixing and estab- lishing or changing said grade lines, if the same be necessary, and the cost of grading and paving said alley, shall be assessed on and collected from the owners of the property binding thereon, as' provided in this Article and shall be a lien on said property until paid. Building and Street Lines. City Code, (1879) Art. 47, Sec. 74. City Code, (1893) Art. 48, Sec. 75. 46. No owner or owners of any lot in the city shall dig i^ine of street ^ to be estab- or lay the foundation of any house in front of any street, before lane or alley, or erect any wall or fence fronting thereon, bebmit. before he, she or they shall have applied to the City Engi- neer to make out the true line of such street, lane or alley, unless the corners of the square upon which such improve- ment is to be made have been duly established, and the City Engineer when so applied to, is hereby authorized and required to see that such foundation, building, house or wall does not and shall not encroach upon the highway. Citv Code, (1879) Art. 47, Sec. 75. City Code, (1893) Art. 48, Sec. 76. 47 . If any person or persons shall think him, her or themselves aggrieved by the determination of the City Engineer in fixing the lines of any street, lane or alley, or the boundary of any lot, or in fixing the grade of streets, lanes and alleys, in such case every such person or persons may, within five days next after such determination, appeal from the same to the Mayor, who shall thereupon Mayor from issue a warrant summoning five disinterested persons of cuy^E^fi- known ability and discretion, whose compensation shall be two dollars per day each (the determination of whom, or a majority of whom, shall be final), to settle all matters of dispute within ten days thereafter, and return their award, in writing, to the City Register, to be by him recorded; and before the persons appointed under such warrant shall proceed to the execution of their duties. 1108 STREETS AND CITY ENGINEER — ORDINANCES. [aRT. 35. Appellant to first file obli- gation to pay costs of ap- peal. The City En- gineer to fix such ex- penses. Grade lines to be estab- lished by proper officer. they shall make oath or affirmation that they will impartially examine the proceedings of the City Engineer from which an appeal is prayed, and confirm or alter the same as in their opinion is just, without favor or partiality; and the said persons shall receive from the City Engineer all docu- ments and information which influenced and directed him in said determination from which the appeal is made. City Code, (1879) Art. 47, Sec. 76. City Code, (1893) Art. 48, Sec. 77. 48. When any person or persons shall appeal from the determination of the City Engineer, it shall not be lawful for the Mayor to grant the said appeal and issue the warrant herein mentioned, unless the person or persons so appealing shall enter into an obligation to the Mayor and City Council of Baltimore, and file the same with the City Register, binding him, her or themselves to pay to the Mayor and City Council of Baltimore, all the expenses which may be incurred in the said appeal, should the same be not sustained. City Code, (1879) Art. 47, Sec. 77. City Code, (1893) Art. 48, Sec. 78. 49. The City Engineer, with the approbation of the Mayor, shall fix and ascertain the said expenses, which shall be paid to the City Register, and by him to the person or persons employed to decide the appeal. Building Permits. Ord. 83, December 8, 1900, Sec. 1. 50. The grade lines of all private or public streets, roads, avenues, lanes or alleys shall be properly and per- manently established by the proper officer, and a chart or profile of all such grades so established shall be made by him and placed on file in his office, before the Inspector of Buildings shall issue any permit for the erection of any new house or new buildings of any kind fronting thereon. ART. 35.] , BUILDING PERMITS— ORDINANCES. 1109 Ord. 83, December 8, 1900, Sec. 2. 51 . Before the Inspector of Buildings shall issue any J be permit for the erection of any new house or new building of any kind hereafter fronting on any private or public street, road, avenue, lane or alley, it shall be the duty of the Inspector of Buildings to see that the grade lines have been properly and permanently established, and a chart or profile of the same has been made by the proper officer and placed on file in his office before he shall issue said permit. Ord. 83, December 8, 1900, Sec. 3. 52 . It shall be the duty of the Inspector of Buildings to see that every new house or new building of any kind hereafter erected, fronting on any private or public street, road, avenue, lane or alley, is erected and constructed to set out on conform to the grade lines so established and as shown on said, the chart or profile so made and placed on file, of said private or public street, road, avenue, lane or alley. Ord. 83, December 8, 1900, Sec. 4. 53. If at any time the Inspector of Buildings shall find that any person or persons are violating any of the pro- visions of sections 50 to 52, inclusive, of this Article, or uo^fto”vSil- erecting any building, fronting on any private or public street, road, avenue, lane or alley, not conforming to the grade so established, then it shall be the duty of the said Inspector of Buildings to notify, in writing, the person or persons violating the provisions of said sections 50 to 52, inclusive, or erecting such building not conforming to the grade so established for said street, road, avenue, lane or alley; and any person or persons who shall, after the ex- piration of ten days from the date of said notice, continue to erect any building, or violate any of the provisions of said section, shall be subject to a penalty of twenty-five dollars penalty. ($25) for each and every offence, and an additional fine of five dollars ($5) for each and every day that such violation shall continue. 1110 STREETS AND CITY ENGINEER— ORDINANCES. [arT. 35. GRADING, PAVING, ETC. {On Application of Owners.) City Code, (1879) Art. 47, Sec. 30. City Code, (1893) Art. 48, Sec. 30. 54. The City Engineer with the approbation of the Mayor, shall have full authority to grade, gravel, shell. Grading and pave or curb any street, lane or alley or part thereof, in the paving upon . _ . jr 7 request of City of Baltimore, whenever the owners of a majority of owners. the front feet of ground binding on such street, lane or alley, or part thereof, shall apply for the same. Holland v. Mayor, etc., 11 Md. 186. Bouldin v. Mayor, etc., 15 Md. 19. Baltimore v. Bouldin, 23, Md. 328. Dashiell v. Mayor, etc., 45 Md. 615. Mayor v. Boyd, 64 Md. 10. Kelly v. Mayor, 65 Md. 171; cf., Baltimore City v. Stewart, 92 Md. 551. Mayor etc. v. Flack et al, 103 or 104, Md. Daily Record, October 24, 1906. See^ cases cited under sec- tion 6, City Charter, sub-division (26, d) ante, page 76. Notice. City Code, (1879) Art. 47, Sec. 31. City Code, (1893) Art. 48, Sec. 31. 56. When the City Engineer shall receive an application in writing to grade, gravel, shell, pave or curb any street, lane or alley, or part thereof, as provided in the next preceding section, it shall be his duty to give ten days^ Notice in such notice, by advertisement in three newspapers, of the cases. fact of such application, and also of the time and place when he intends to act, for the purpose of considering and determining such application. Kelly V. Mayor, 65 Md. 171. Contracts. City Code, (1879) Art. 47, Sec. 32. City Code, (1893) Art. 48, Sec. 32. 56. After such application has been made, and the ^forprop”Sl public notice has been given, and the City Engineer has for grading, ^gfej-j^ined to grade, gravel, shell, pave or curb any street, lane or alley, or part thereof, he shall advertise for pro- posals and award the contract for such work in accordance ART. 35 .] OWNERS — CITY PROPERTY— ORDINANCES. 1111 with the provisions of sections 14 and 15 of the City Charter. Dashiell v. Mayor, etc., 45 Md. 615. Kelly v. Mayor, 65 Md. 171. Ulman v. Baltimore City, 72 Md. 590. Baltimore City v. Stewart, 92 Md. 535. Owners. City Code, (1879) Art. 47, Sec. 33. City Code, (1893) Art. 48, Sec. 33. 57. A tenant for ninety-nine years, or for ninety-nine years renewable forever, or the executor or administrator of such tenant, or the guardian of an infant owner, or a mortgagee in possession, shall be deemed and taken as an owner for the purposes of any application authorized by the three next preceding sections of this Article, and the application of any such person shall bind the property so represented for any assessment or tax made under it. Curbstones. City Code, (1879) Art. 47, Sec. 38. City Code, (1893) Art. 48, Sec. 39. 58. Streets, lanes or alleys, not more than twenty feet in width, hereafter to be paved, may be paved without curbstones, provided the owners of a majority of the front feet binding thereon shall assent to the same, and the City Engineer shall deem it advisable so to pave such street, lane or alley. City Property. City Code, (1879) Art. 47, Sec. 41. City Code, (1893) Art. 48, Sec. 42. 59. The Mayor shall have full power, whenever he may deem it advisable, to sign, on behalf of the city corpora- tion, any petition for the paving, grading, or curbing of streets, lanes or alleys, on which may front any property belonging to the city. Who to be deemed owners. Without curb- stones. Mayor may sign for City. 1112 Expenses of cross streets Property owners may select kind of pave ment. Said commis- sioners may grade, pave, etc,, streets, etc., in An- nex pro rata at ex- pense of owners as herein pro- vided. streets and city engineer — ORDINANCES. [aRT. 35. Cross Streets. City Code, (1879) Art. 47, Sec. 42. City Code, (1893) Art. 48, Sec. 43. 60 . Whenever any street, lane or alley, has been graded, graveled, shelled, curbed or paved in pursuance of the pro- visions of sections 54, 55 and 56 of this Article, the City Register shall pay the expense of the cross streets, on the order of the City Engineer. Moale V. Baltimore, 61 Md. 241, Improved Pavements. City Code, (1879) Art. 47, Sec. 61. City Code, (1893) Art. 48, Sec. 62. 61 . whenever application shall be made to the City Engineer to have paved or repaved any street, lane or alley of the city of Baltimore, or whenever said paving or repaving shall be done by virtue of an ordinance of the Mayor and City Council of Baltimore, it shall be optional with the owners of a majority of the front feet of ground binding upon said street, lane or alley, whether the said paving or repaving shall be with stone, or what is known as the Nicholson, or any other improved pavement; and provided further, that when any paving or repaving is to be done in front of any property owned by the corporation of the city of Baltimore, the Mayor, Comptroller and City Engineer shall decide whether it shall be paved with stone or any improved pavement. Grading, Paving, etc., in Annex on Application of Owners. Powers of Commissioners for Opening Streets in relation to such Paving.** Ord. 151, June 15, 1906, Sec. 1. 62 . At the request of the owners of a majority of the front feet of ground binding on the whole or any part of any street, lane or alley which is now open, or may here- after be opened in the “Annex^^ portion of Baltimore city during the time of the exercise by the Commissioners for Opening Streets of the powers and performance of the **NoTE. — As to powers of Commissioners for Opening Streets under Annex Improvenent Act, see Mayor, etc. Baltimore v. Flack et al, de- cided by Court of Appeals October 6, 1906, to be reported in 103 or 104 Md. ART. 35.] GRADING, PAVING, ETC., IN ANNEX — ORDINANCES. 1113 duties conferred and imposed by Chapter 274 of the Acts of 1904 of the General Assembly of Maryland, and any ordinance or ordinances passed or to be passed in pursuance thereof, the said Commissioners for Opening Streets, act- ing under the provisions of the aforesaid Act and ordinances, may, if in their judgment the public interests will be served thereby, grade, pave and curb such street, land or alley, or part thereof, at the expense pro rata of the owners of all the property binding thereon, wholly as to sidewalks (being one-fifth of the whole width on each side of the said street) and either wholly or in part as to the residue, in accordance with sections 62 to 72, inclusive, of this Article. Ord. 151, June 15, 1906, Sec. 2. 63 . Upon receipt of such application as above mentioned. Notice of in ten- the said Commissioners for Opening Streets shall give ten sSersuch* days’ notice in at least two of the daily newspapers pub- to be given lished in the city of Baltimore, of the fact that such application has been made and of the intention of the said commissioners to consider the same, and also of the time when and place where objections to such application will be received and heard. Ord. 151, June 15, 1906, Sec. 3. 64 . A tenant for ninety-nine years, or for ninety-nine who may sign years renewable forever, or the executor or administrator as owner, of such a tenant, or the guardian of an infant owner, or a mortgagee in possession shall be deemed and taken as an owner for the purposes of any application authorized by sections 62 to 72, inclusive, of this Article, and the appli- cation of any such person shall bind the property so represented for any assessment or tax made under it, and the Mayor of Baltimore city is hereby authorized to sign any such application on behalf of the Mayor and City Council of Baltimore as owner of any property binding on such street, lane or alley, or any part thereof, whenever the said Mayor shall deem it advisable to do so. 1114 STREETS AND CITY ENGINEER — ORDINANCES. [ART. 35. Ord. 151, June 15, 1906, Sec. 4. ^co?t‘of'‘'Juch After any contract for the work of grading, paving curbing such street, lane or alley, or part thereof, shall f?oStri?on have been awarded in the manner provided by law, the pro^vid to'^be Commissioners for Opening Streets shall impose a tax ^he property binding on such street, lane or alley, or wher?”such thereof, to be graded, paved or curbed, equal in amount to the whole expense of the work, or to such part of the said expense as the aforesaid commissioners in their dis- cretion shall determine is to be borne by the owner or owners of such property, and also three per centum on the amount so to be assessed against said property for the cost and expenses of collecting the same; and the said Commis- sioners for Opening Streets shall apportion the said tax so that the several lots of ground binding on both sides of such street, lane or alley, or part thereof to be graded, paved or curbed, shall become liable for pro rata parts thereof, according to the frontage of said property thereon and in such apportionment the Mayor and City Council of Baltimore shall be regarded as the owner of all cross streets; ^ and the said Commissioners for Opening Streets shall then such assess- prepare a statement showing the amount ot assessment ments to be i i t i i prepared, upon each ot the aioresaid lots ot ground. Ord. 151, June 15, 1906, Sec. 5. 66. Whenever any street, lane or alley, or part thereof , shall be graded, paved or curbed in accordance with the provisions of sections 62 to 72, inclusive, of this Article, the Commissioners for Opening Streets may, if to them it shall appear advisable, provide in their statement of bene- Paymeiit of fit assessments above mentioned that the jpayment of the a.ssessed may amounts SO assossod, or any of them, may at the option of hi dIscrSfon the owners of the respective lots of ground assessed, be mi.SionersTs deferred for such definite period of time, as the said com- JfdJd?asst«s missioners shall determine, not to exceed five years from ments to be delivery of the statement aforesaid to the City Register as hereinafter provided, either with or with- out liability for interest on deferred payments, as said ART. 35 .] GRADING, PAVING, ETC., IN ANNEX — ORDINANCES. 1115 commissioners may deem just and proper; and the assess- ments so made shall be and continue liens on the respective lots of ground until paid. Ord. 151, June 15, 1906, Sec. 6. 67. After the Commissioners for Opening Streets shall Notice of review or have completed their apportionment of the costs and expen- assessments, ses to be assessed as aforesaid, and the statement thereof, they shall give notice by advertisement inserted twice a week for two successive weeks in two of the daily news- papers published in the city of Baltimore, that such appor- tionment has been made and that the statement thereof is on file in the office of the said commissioners for the inspec- tion of all persons interested therein, and that they will at- tend at their said office on a day in such notice to be named, which shall be not less than ten nor more than twenty days from the first publication of such notice, to review any of the matters set forth in such statement to which any of the persons claiming to be interested therein shall, on or before the day so appointed, make objection ; and the said Commissioners for Opening Streets shall attend at commission- 1 • • T 1 • T ers to attend, the time and place so appointed, and consider all such consider ob- . . . . . jections and representations and testimony, verbal or in writing, in make correc- relation to any matter in such statement which shall be offered to them on behalf of any person claiming to be interested therein, and shall make all such corrections and alterations in the said apportionment and statement as shall be necessary to make the same correct and just, and they may adjourn from time to time, if necessary, to give all persons claiming review an opportunity to be heard ; and, after closing such review, they shall make all such corrections as shall be proper, and shall make a correct list of the property and of the owners, or reputed owners •thereof, liable to pay the assessments in the matter afore- said, and the amount for which each piece of property, or corrected list the owner thereof, shall be liable, and shall deliver to the menfs^S'be City Register a duplicate list thereof under their hands, cfty'^R^gis^er together with such explanatory plat or plats, if any, as fi"ai^a.Sess- may be necessary to designate the property upon which come^i?:!^^’ 1116 streets and city engineer — ORDINANCES. [aRT. 35. said assessments are levied, which assessments shall be liens on the several pieces of property on which the same shall respectively be so assessed ; and the said commis- sioners shall correct any mistakes in such list whenever they may be satisfied that any mistakes have been made. Orel. 151, June 15, 1906, Sec. 7. Publication 68 . It shall be the duty of the City Register, within deposit with five days after the said proceedings shall have been of .said list. deposited in his office, to notify all persons interested, by an advertisement to be inserted once a week for four suc- cessive weeks, in two daily newspapers published in the city of Baltimore, that the said list of' assessments and ex- planatory plat or plats, if any, have been so placed in his office and that the parties affected thereby are entitled to appeal therefrom by petition in writing to the Baltimore City Court. Ord. 151, June 15, 1906, Sec. 8. Written or 69. It shall be the duty of the Commissioners for Souce of as- Opening Streets to serve written or printed notices on each b?IS^ed®on° every person or persons assessed or taxed as aforesaid, SroTe?ty^ for the grading, paving and curbing of any street, lane or assessed. alley, or part thereof, so far as the same may be known ; provided, however, that the service of such notice shall not be so construed as to be one of the prerequisites to the collection of any such assessment of tax. Orel. 151, June 15, 1906, Sec. 9. Persons inter- 70 . Any person or persons who may be dissatisfied with StmS^for any assessment or assessments in which he or they shall Baltimore be in any manner interested may, within thirty days after and may ap- the return of the above mentioned proceedings to the City j^dgSent'^^ Register, appeal therefrom by petition to the Baltimore of Appe^i^L City Court, praying the said Court to review the same, and thereupon the proceedings shall be similar to those in the trials of street appeals and the same right shall be had to appeal to the Court of Appeals. ART. 35 .] GRADING, PAVING, ETC., IN ANNEX — ORDINANCES. 1117 Ord. 151, June 15, 1906, Sec. 10. 71. If no appeal shall have been prayed at the expira- tion of the time allowed for appeals, then within ten days thereafter, or after the return of the decisions upon such appeal or appeals shall have been made to the City Regis- ter, the City Register shall transfer the said lists received from the Commissioners for Opening Streets to the City Collector, who, after the benefit assessments aforesaid shall have become due and payable, -shall proceed in all respects as he does in cases where persons or property are assessed for benefits for opening, closing, widening or straighten- ing any street, lane or alley ; and unless otherwise provided in the aforesaid statement, the benefit assessments shall be due and payable on the date of transfer of the said statement to the City Collector as aforesaid. Ord. 151, June 15, 1906, Sec. 11. 72. Whenever any money shall have been collected by the City Collector aforesaid for benefits assessed upon any property, in accordance with the provisions of sections 62 to 71 inclusive, of this Article, such money shall be paid over by the said City Collector, in the manner required by law, to be placed to the credit of the fund provided for by Chapter 274 of the Acts of 1904 of the General Assembly of Maryland, and may be appropriated by the aforesaid Commissioners for Opening Streets for the purposes desig- nated in, and in accordance with, the provisions of the aforesaid Act of Assembly, and the ordinances passed or to be passed in pursuance of the provisions thereof.* *Notk. — In relation to the condemning, laying out, opening, etc., of streets in the Annex, Ordinance No. 216, approved March 6, 1905, provides as follows : Sec. 6. The Commissioners for Opening Streets are authorized, em- powered and directed, to perform the duties and functions provided in the Act of 1904, ch. 274, for the Annex Improvement Commission. Sec. 7. In condemning, laying out, opening, extending, widening, straightening or closing streets, avenues, lanes, alleys, or parts thereof, under the Act 1904, ch. 274, the procedure of the Commissioners for Opening Streets, except so far as they shall be authorized by the terms of said Act to acquire property, rights or interests, franchises, privileges When list of assessments shall be transferred to City Col- lector for col- lection. Procedure in collection of assessments to be as in the case of collecting benefits for opening, etc., streets; when such assess- ments shall become due and payable. Money collect- ed on account of such as- sessments to be placed to credit of fund provided for by Act 1904, ch. 274. Commissioners for Opening Streets to per- form duties of Annex Im- provement Commission. 1118 STREETS AND CITY ENGINEER — ORDINANCES. [aRT. 35. Grading, Paving etc., by owners in '' Annex* \ Res. 67, July 2, 1897. Res. 20, June 11, 1900. Majority of property owners on streets in “Annex” may select paving and pave such streets at their own expense. City to pave cross streets. Area of paving Paving to be uniform. 73. The property owners of all that part of Baltimore known as the “ Annex who own property in said territory on unimproved or partly improved streets, shall have the right to grade, pave, or curb, gravel or macadamize any of such unimproved or partly improved streets in said “Annex"’, in front of their respective property and the intersections of any such unimproved or partly improved streets, in such manner as a majority of the owners on both sides of any such streets who shall own a majority of the front feet binding on such street or streets shall agree upon, between the limits intended to be improved, and who shall sign and file written specifications for said work with the City Engineer ; said work to be done upon grades established or to be established as provided in sections 41 to 45 inclusive, of this Article ; all of such work (with the exception of cross streets) to be done at the expense of the parties owning the property binding on said streets, and who sign said specifications without any cost to the city (except for the cross streets, which are to be paid by the city). Not less than one block on any of the said ■ unimproved or partly improved streets, shall be improved under this resolution, and to insure uniformity the class of paving first adopted by the majority of property owner for said block, shall not be changed without the written per- mission of the City Engineer. In all such cases the parties so improving the streets in front of their property under Condemnation or easements through the voluntary action of the citizen, shall be that fn°ela^^tf1;o or hereafter prescribed by law in relation to their ordinary duties oT^Anrfe^^to powers of the same nature, and in grading, paving and curbing be as in other streets, avenues, lanes, alleys, or parts thereof, or in establishing and fixing the building lines and the widths of the sidewalks on streets, avenues, lanes, allej^s, or parts thereof, the procedure of the said Com- missioners for Opening Streets shall be that now or hereafter prescribed by law in relation to the respective duties and powers of the same nature with which the Cit\’ Engineer and other officers of the city are now respectively clothed ; provided, that it is not hereb}* intended that the right of the said commissioners to condemn, lay out, open, extend, ^Comnhss^mi straighten or close streets, avenues, lanes, alleys, or parts there- ers not to de^ of, shall in anywise be dependent upon the passage of ordinances of the nances” Mayor and City Council of Baltimore directing the same. ART. 35.] PAVING ASSESSMENTS OR TAX — ORDINANCES. 1119 the provisions of this section, shall give a good and suffi- cient bond to the city, to be approved by the City Engineer. ^ ing to give indemnifying the city against any of the costs of said demnify dty work other than that of the cross streets. Paving Assessments or Tax. City Code, (1879) Art. 47, Sec. 34. City Code, (1893) Art. 48, Sec. 35. 74 . After the contract has been awarded, as provided in section 56 of this Article, the City Engineer shall impose a tax upon the owner or owners of property binding upon st?ett” such street, lane or alley, or part thereof, equal in amount paving°ltc°! to the whole expense of the work, and for collecting the same, being three per centum on the whole cost, except for cross streets ; and he shall assess and lay a tax upon the owner or owners of property on each side of said street, lane or alley, or part thereof, of one-half of so much of said street, lane or alley, as may be in front of such prop- erty, except for paving the portion reserved for sidewalks, being one-fifth of the whole width on each side thereof ; and the said tax shall be a lien upon such property. Henderson z/. Mayor, etc., 8 Md. 352. Moale v. Baltimore, 61 Md. 241. Alberger v. Baltimore, 64 Md. 1. Baltimore v. Raymo, 68 Md. 569. Baltimore City v. Ulman, 72 Md. 590. Baltimore v. Ulman 79 Md. 469. See also, Baltimore City v. Stewart, 92 Md. 535, and Hagers- town V. Startzman, 93 Md. 606. Ord. 37, April 5, 1881. City Code, (1893) Art. 48, Sec. 36. 75. After the contract has been awarded to grade, gravel, shell, pave or curb, any street, lane or alley, or parts thereof, the City Engineer shall make a correct list i^ist of persons of the names of the persons liable to pay the tax for the I'^^Jefortax. same, and the amount to be paid by each person ; and he shall deliver to the City Collector a duplicate list of the names of such persons, and the amount to be paid by each, under his hand and seal, with directions for collecting the said tax, which shall be due in sixty days after the com- pletion of the work and its acceptance by the City Engineer; and it shall be the duty of the City Engineer upon the expiration of sixty days after the completion of such work, when con- and its acceptance by him, to issue his warrant upon the 1120 streets and city engineer — ORDINANCES. [arT. 35. Notice to such persons required to pay tax. Cobblestone pavements prohibited. Newly opened streets to be paved with improved pavements. City Register for the entire amount due under such con- tract, in favor of such contractor, which, when approved by the Mayor, shall be paid by the City Register upon the certificate of the Comptroller. Ulman v. Baltimore, 72 Md. 594. Ord. 37, April 5, 1881. City Code, (1893) Art. 48, Sec. 37. 76. The City Collector is directed to notify the persons named in the list of the City Engineer referred to in the next preceding section of this Article of the fact that such work has been completed and accepted, and of the date when said tax or assessment therefor will become due ; and it shall be the duty of the City Collector, upon the expira- tion of sixty days after such completion and acceptance, to collect at once, as other city taxes are collected, all assess- ments due for such work, charging interest at six per cent, from the time the same becomes due. See, Baltimore v. Ulman, 79 Md. 469. Baltimore City v. Stewart, 92 Md. 535. Selection of Paving, Ord. 165, February 24, 1899, Sec. 1.* 77. No contract shall be made by the city for paving or repaving any street, avenue, lane or alley within • the limits of the city with what is known- as a cobblestone pavement, nor shall any such pavement be permitted to be laid on any street, avenue, lane or alley within the corpor- ate limits of the city by any individual or corporation. Ord. 165, February 24, 1899, Sec. 2. 78. When any newly-opened street, avenue, lane or alley within the corporate limits of the city is to be paved, it shall be the duty of the City Engineer to notify the owners of the front feet of the land binding thereon by *Note. — This ordinance was construed in re Mayor, etc., v. Flack et al., decided by the Court of Appeals October 6, 19C6; to be reported in 103 or 104 Md. see, Daily Record, October 24, 1896. ART. 35 ] SEI.ECTION OF PAVING — ORDINANCES. 1121 advertisement in not less than two daily newspapers pub- lished in the city, the said advertisement to be inserted not less than twice in each of said newspapers during* ten days, that it is the purpose of the city to pave said street. Notice to own^ avenue, lane or alley, and that the City Engineer will select for said paving such kind of improved pavement as may be decided upon by the owners of a majority of said front feet ; and if the owners of a majority of said front feet shall fail to notify the City Engineer within three days from the insertion of the last advertisement of the kind of improved pavement which they desire to have laid, when city e»- then the City Engineer, with the approval of the Mayor, feieSYiSU' shall select the kind of improved pavement with which the said street, avenue, lane or alley shall be paved. See, Baltimore v. Scharf, 54 Md. 499, and Baltimore v. Stewart, 92 Md. 550. Ord. 165, February 24, 1899, Sec. 3. 79. The terms “improved pavement’ ' shall include sheet asphalt, block asphalt, creosoted wooden blocks, by vitrified brick, belgian blocks, or such other improved City Engin- pavement as may be approved by the Mayor and City Engineer. Ord. 165, February 24, 1899, Sec. 4. 80. In all cases of repaving with improved pavement of streets, avenues, lanes or alleys, already paved, where ^^ifoie^cost of an ordinance providing for such repaving does not specify the kind of improved pavement to be used for such re- » paving, and where the Mayor and City Council of Balti- select paving more is required to pay the whole cost of such repaving, then the kind of improved pavement to be used for such repaving shall be decided upon by the City Engineer with the approval of the Mayor. Paving Work. Ord. 165, February 24, 1899, Sec. 5. 81. In all paving or repaving of streets, avenues, lanes to be done by or alleys, unless it shall be otherwise provided by city ordi- S"awem- nance directing such paving or repaving, the work shall 1122 streets and city engineer — ordinancp:s. [art. 35. The six next preceding sections not to affect pav- ing already- made. Macadamizing permitted in ‘Annex”. Flag and step- ping stones. Repairing priv- ate wharves, streets and alleys. be done by contract or else by labor employed by the city and paid by the city, as in the judgment of the Mayor and City Engineer may be best for the interests of the city. Macadam Paving in ‘ 'Annex, ^ ^ Ord. 165, February 24, 1899, Sec. 6. 82. Nothing in the five next preceding sections of this Article shall affect the paving of any street, avenue, lane or alley for which contracts for paving have already been made by the Mayor and City Council of Baltimore ; and nothing contained in said sections of this Article is in- tended to prevent the macadamizing of streets, avenues, lanes or alleys in the section commonly known as the “Annex,’' being the territory comprised in the old Twenty-first and Twenty-second wards, when such mac- adamizing is desired by the owners of a majority of front feet binding on said streets, avenues, lanes or alleys, sub- ject to the approval of the Mayor and City Engineer. Stepping Stones. City Code, (1879) Art. 47, Sec. 81. City Code, (1893) Art. 48, Sec. 83. 83. The City Engineer is authorized to place flag and stepping stones whenever and wherever the convenience and necessity of the public may require the same, upon proper application being made to him, and whenever appropriation therefor is made by the annual ordinance of estimates. Wharves^ Docks, Etc. City Code, (1879) Art. 47, Sec. 82. City Code, (1893) Art. 48, Sec. 84. 84. The City Engineer is hereby authorized, upon the application of the owners of a majority of the front feet binding on any private wharf, dock, street, lane or alley, to cause the same to be thoroughly repaired and cleaned, and to assess and collect from the owners of the property a tax sufficient to defray the expense of the same in the manner prescribed by law. Baltimore v. Ulman, 79 Md. 469. ART. 35.] NUISANCES — ORDINANCES . 1123 NUISANCES. City Code, (1879) Art. 23, Sec. 53. Ord. 105, October 9, 1888. City Code, (1893) Art. 23, Sec. 74. Ord. 2, December 1, 1893. Ord. 13, October 23, 1905, Sec. 1. 85. Whenever any nuisance dangerous to the health of Commissioner the inhabitants of Baltimore city shall exist in any private direct City street, lane or alley of the city of Baltimore, and it shall be pave or re- considered necessary in the opinion of the Commissioner in state of of Health, in order to remove the same, to have such street, lane or alley paved or repaved, the said Commis- sioner of Health shall issue a certificate to that effect to the City Engineer who shall thereupon proceed to pave or repave the same; and the amount expended in paving or repaving the same, and the expenses of collection shall be recovered from the owner or owners of the property front- ing thereon in proportion to the amount expended in front of said property, by suit against the owner or otherwise, as provided by the three next succeeding sections of this Article. Ord. 13, October 23, 1905, Sec. 2. 86. Before the City Engineer shall proceed to pave or repair the same, he shall give ten days' notice in two of the daily newspapers published in the city of Baltimore, that on the day and at the time and place mentioned he will ascertain and determine the amount to be assessed upon all property binding on any street, lane or alley to be paved or re-paved as provided for in the next preceding section, and will also give all persons interested an oppor- tunity to show cause, if any, why the said street, lane or anTtoTear alley should not- be paved or repaved; and on the day and JlteTi^saSr at the place mentioned, after hearing all persons interested who may desire to be heard, he shall proceed to apportion among the different pieces of property binding on the said street, lane or alley, the total cost of the paving or repaving of the street, lane or alley, or portion thereof ; and he may adjourn from time to time, if necessary, to give all parties an opportunity to be heard, and, after hearing the different parties interested, he shall make out a list of the property 1124 streets and city engineer — ORDINANCES. [arT. 35. Conduct of and of the owners or reputed owners thereof liable to pay and mariner the cost of Said paving or repaving and the amount to be in^gsin reia- paid by each piece of property; and thereupon all the pro- paving and ceedings for or in connection with the paving or repaving re paving. Street, lane or alley and for and in connection with the assessment, payment and collection of the cost thereof, shall be those set forth in sections 94, 95, 96, 97, 98, 99 and 100 of this Article. Ord. 13, October 23, 1905, Sec. 3. 87. Whenever any court of competent jurisdiction shall declare that no nuisance existed or that the paving or ^'^aTe^^thJcourt repaving of the said street, lane or alley was not necessary n?iu?sa!l?e to the removal or abatement of a nuisance, or that such existed. nuisance was caused by an act or ordinance of said city, or its officers in the execution of their duties, it shall be the duty of the Comptroller immediately thereafter to draw his warrant on the City Register in favor of any and all Refunding porsons, or their legal representatives, who may have paid i^such^casel into the city treasury any sum or sums of money on account of any paving or re-paving made under supposed authority of sections 85, 86 and 88 of this Article, the repayment of said sum or sums shall be provided for by the Board of Estimates. The Comptroller shall likewise draw his war- rant on the City Register for the payment of all expenses which may have been incurred by virtue of any such paving. Ord. 13, October 23, 1905, Sec. 4. 88 . Whenever the owners or any of the owners of property fronting on any of the streets, lanes or alleys to be paved or repaved under the provisions of sections 85, 86 and 87 of this Article, are non-residents of the city of Baltimore, the City Engineer before proceeding to pave or repave the same, shall give public notice by advertisement Notice by pub- published at least three times a week for three successive w^ere owner weeks iu two uewspapers of the city of Baltimore, describ- non-resi- property chargeable, the amount of expenses with which it is chargeable, and, if known, the name of the owner thereof. ART. 35 .] PAVING ORDINANCES— ORDINANCES. 1125 PAVING ORDINANCES. Legal Form. Ord. 37, April 17, 1885. City Code, (1893) Art. 48, Sec. 34. 89. Before the City Engineer shall proceed to execute any ordinance which may be hereafter passed, for the °?t?sSidi grading, paving or curbing or the repaving, regrading, or recurbing of any street, or alley, or the construction of valid, any sewer, he shall procure and file in his office the written opinion of the City Solicitor, certifying that all proper and necessary proceedings have been taken to authorize the Mayor and City Council of Baltimore to pass said ordinance, and that said ordinance is legally sufficient for the purpose for which it has been passed; and it shall be the duty of the City Solicitor to furnish the City Engineer an opinion, in writing, of the purport above mentioned. Kelly V. Mayor, 65 Md. 171. Hearing Before Council. City Code, (1893) Art. 48, Sec. 61A. Ord. 33, March 14, 1893. Ord. 50, March 24, 1893. 90. Before any ordinance for the grading, shelling, graveling, paving and curbing, or for regrading, re- shelling, regraveling, repaving and recurbing of any street, lane and alley, or part thereof, by the terms of which the whole or any portion of the cost of the work is to be assessed upon the property binding on such street, lane or alley, or part thereof, shall be passed by either branch of the City Council, it shall be referred to the Joint Standing Committee on Highways; before recommending the passage of any such ordinance, the said Joint Standing Committee on Highways shall require the chief clerk of the branch of the City Council in which the said ordinance was introduced, to give ten full days' notice, excluding both the day of publication and the day of the session of the committee, in at least two of the daily papers of the city of Baltimore, of the introduction of said ordinance, and that any and all persons interested therein will be heard upon any matter Preliminaries to passage of any ordi- nance for grading or regrading, shelling or reshelling, graveling or regraveling, paving or repaving, • curbing or recurbing, any streets lanes or alleys. 1126 streets and city engineer — ORDINANCES. [arT. 35. relating thereto, by the said Joint Standing Committee on Highways at the time and place to be designated in such notice. Baltimore City v. Stewart, 92 Md. 545. The notice prescribed in sec- tion 90 must be given or a court of equity will intervene, — Bond v. Malster, Daily Record, July 6, 1899, Bids and Contracts. Ord. 33, March 14, 1893. City Code, (1893) Art. 48, Sec. 61B. 91. As soon after the passage of any such ordinance as practicable, it shall be the duty of the City Engineer to give Advertisement notico in conformity with the requirements of section 14 for proposals Charter, that proposals will be received for doing the entire work, or, if the labor is to be done by the Award of materials; all bids to be opened and contract. awards made in accordance with the requirements of section 15 of the City Charter; in case the labor is to be done by the day, then the City Engineer shall make a careful estimate ?nd°mlten^is of the cost of such work, including the contract price of to be esti- , i j • i mated. the materials. Baltimore City v. Stew’art, 92 Md. 535. Paving Assessments. City Code, (1893) Art. 48, Sec. 61C. Ord. 33, March 14, 1893, (Sec. 61c;. 92. After the contract for the whole work has been awarded or the cost of the whole work ascertained, as provided in the next preceding section of this Article, the City Engineer shall apportion the whole or such portion of Apportion- the cost of the work as the ordinance shall require to be mentof cost, by the property owners (not including, however, any portion of the cost of the cross streets) together with three per centum thereon for costs and expenses, upon the prop- erty binding on each side of said street, lane or alley, or part thereof, in proportion to the frontage of such property thereon. Baltimore City v. Stewart, 92 Md. 535. 1127 ART. 35.] PAVING ASSESSMENTS— ORDINANCES. City Code, (1893) Art. 48, Sec. 61D. Ord. 33, March 14, 1893. (Sec. 61d). 93. After the City Engineer shall have completed his apportionment of the expenses to be assessed upon the portionment. property binding on said street, lane or alley or part there- of, he shall give notice by advertisement inserted twice a week for two successive weeks, in two of the daily news- papers published in the city of Baltimore, that such appor- tionment has been made and that the statement thereof is on file in his office, for the inspection of all persons interested therein; and that he will attend at his said office, on a day in such notice to be named, which shall not be less than ten nor more than twenty days after the first pub- lication of such notice, to review any of the matters set forth in said statement to which any person claiming to be interested therein, shall, on or before the day so appointed, make objections; and the City Engineer shall attend at the time and place so appointed, and consider all such represen- Review and cor- tations and testimony, verbal or in writing, in relation to po^rtfonment any matter in said statement which shall be offered to him, on behalf of any person claiming to be interested therein, and shall make such correction and alteration in said apportionment and statement as shall be necessary to make the same correct; and he may adjourn, from time to time, if necessary, to give all parties claiming review an opportun- ity to be heard; and after closing such review, he shall make such corrections as shall be proper, and shall make a correct list of the property and of the owners or reputed owners thereof, liable to pay the tax or assessment, and the amount to be paid by each piece of property, and shall deliver to the City Register a duplicate list thereof, under lyist of assess- . his hand, together with such explanatory plat or plats, if delivered to any, as may be necessary to designate the property upon which said tax or assessment is levied, which taxes shall be liens on the several pieces of property upon which the same shall respectively be so assessed; and the City Engi- neer shall correct any mistake in such list, whenever he may be satisfied that any mistake has been made. 1128 SO'REETS AND CITY ENGINEER — ORDINANCES. [arT. 35. City Code, (1893) Art. 48, Sec. 61E. Ord. 33, March 14, 1893. (Sec. 61e). 94. It shall be the duty of the City Register, within five days after the said proceedings shall have been deposited in his office, to notify all persons interested, by an advertise- uient to be inserted once a week for four successive weeks, in two daily newspapers of the city, that the said assess- ment and explanatory plat or plats have been so placed in his office, and that the parties affected thereby are entitled to appeal therefrom by petition in writing to the Baltimore City Court. Baltimore City v. Stewart, 92 Md. 544. City Code, (1893) Art. 48, Sec. 61F. Ord. 33, March 14, 1893. (Sec. 61f). 95. It shall be the duty of the City Engineer to serve written or printed notices on each and every party or parties assessed or taxed for the said grading, shelling, services^of^ graveling, paving, and curbing, or for regrading, re- £se?of' shelling, regraveling, repaving or recurbing of any taxed. street, lane or alley; provided, however, that the service of such notice shall not be so construed as to be one of the prerequisites to the collection of any assessment under any ordinance heretofore passed or hereafter to be passed by the Mayor and City Council of Baltimore. Appeals from Paving Assessments, City Code, (1893) Art. 48, Sec. 61G. Ord. 33, March 14, 1893. (Sec. 61g). 96. Any person or persons who may be dissatisfied with any assessment in which he or they are in any manner inter- ested, may, within thirty days after the return by the City Court. Engineer to the City Register, of the above mentioned duplicate lists of the property and owners or reputed owners thereof, liable to said tax or assessment, appeal there- from by petition to the Baltimore City Court, praying said court to review the same; and thereupon the proceedings Further appeal shall be similar to those in the case of the trial of street ^pCourtof appeals; and the further right shall be had to appeal to the Court of Appeals. Baltimore City v. Stewart, 92 Md. 535. ART. 35.] VOID ORDINANCES — ORDINANCES. 1129 Void Ordinances."^ City Code, (1893) Art. 48, Sec. 61H. Ord. 33, March 14, 1893. (Sec. 61h). 97. Whenever any ordinance passed by the Mayor and City Council of Baltimore, providing for the grading, shelling, graveling, paving, curbing, regrading, reshel- ^ wh?re S ling, regraveling, repaving or recurbing of any street, areTe^asIL lane or alley in said city, shall, before any of the work has been done under the same, be set aside and declared null and void by any court of competent jurisdiction, to wit: the Baltimore City Court or the Court of Appeals, in the event of an appeal to that tribunal, or the same shall be repealed by the Mayor and City Council of Baltimore, it shall be the duty of the Comptroller immediately thereafter to draw his warrant on the City Register in favor of any and all such persons or their legal representatives, who may have paid into the city treasury any sum or sums of money on account thereof, which shall be forthwith paid Refund to out of any sums in the treasury not otherwise appropriated. cos”l?a?d1)y The Comptroller shall likewise draw his warrant on the City Register for the payment of all expenses which may have been incurred by virtue of any such ordinance in carrying out the provisions thereof, for which the city may be liable under existing circumstances. City Code, (1893) Art. 48, Sec. 61 1. Ord. 33, March 14, 1893. (Sec. 61 i). 98. If no appeal shall have been prayed, then, within ten days after the time hereinbefore limited therefor or after the return of the decision upon any such appeal or proceedings appeals shall have been made to the City Register, the peaUstTken’ City Register shall transfer the said lists received from p^ais are^‘ the City Engineer to the City Collector, who shall there- decided, upon proceed in all respects as he does in cases where persons or property are assessed for benefits for opening, closing, widening or straightening any street, lane or alley. ‘Note. — Sse note to section 218 of the City Charter, ante^ page 217. 1130 STREETS AND CITY ENGINEER — ORDINANCES. [arT. 35. Excess of Expenses. City Code, (1893) Art. 48, Sec. 61J. Ord. 33, March 14, 1893. (Sec. 61j). 99 . If the total amount of assessments after the revision of the same by the appeals in the next preceding section City Register authorized and provided for, shall not be sufficient to of expertises defray the expense of grading, shelling, graveling, pav- ments. ing, curbing, regrading, reshelling, regraveling, repav- ing or recurbing, the balance of said expense shall be paid by the City Register on the warrant of the Comptroller, out of such appropriations as may exist for the purpose. ' City Code, (1893) Art. 48, Sec. 61K. Old. 33, March 14, 1893. (Sec. 61k). Notice to con- 100 . As soon as the whole of said assessments shall ceed with his have been collected, or earlier, if directed by the Mayor, the City Engineer shall notify the contractor to proceed with the work, or if the same is- to be done by day labor, he shall cause the work to be executed; and if, upon the final completion thereof, and the exact ascertainment of the cost, it shall be found that the assessments were Refund where greater than necessary, the surplus shall be refunded pro are exces- rata to the parties who paid the same, by the warrant of the Comptroller upon the certificate of the City Engineer. Bermuda Asphalt. Ord. 32, April 16, 1895. 101 . In all streets required by ordinances heretofore passed, “to be paved with sheet Trinidad Lake asphalt to be of the best quality of refined Trinidad asphalt obtained from the so-called pitch or asphalt lake of the island of Trinidad, the Mayor and City Engineer are hereby author- Authorizing ized and directed to permit the use of what is known as phau'inttel’d Bermuda asphalt or any other asphalt which has been found idadi.ake by experience equally good for paving purposes, and m whe^njatter advertising for proposals for such repaving shall include ly the said Bermuda asphalt, or any other asphalt which has phaitisspeci-^^^^ found by experience equally good for paving purposes among the kinds of asphalt for which proposals will be accepted. ART. 35 .] PERMITS FOR DIGGING UP STREETS — ORDINANCES. 1131 NAMES OF STREETS. Ord. 88, March 5, 1906, Sec. 1. 102. The Commissioners for Opening Streets are author- ized and directed to revise or change the names of such streets may . change or re- public streets, avenues and highways of the city of vise same. Baltimore as may appear to be necessary and beneficial to the interests of the city. Ord. 88, March 5, 1906, Sec. 2. 103. Such revision or change as provided in the next To be approved preceding section of this Article, shall become effective citj^coundb only upon and after the approval of the Mayor and City Council of Baltimore. PERMITS FOR DIGGING UP STREETS. Unsaved Streets, City Code, (1879) Art. 47. Sec. 94. City Code, (1893) Art. 48, Sec. 106. 104. No carter or other person shall dig, remove or earth to be carry away from or out of any of the unpaved streets, fromTame lanes or alleys of the city, any dirt, earth, sand or gravel, license uom without a special license first had and obtained from the City Engineer with the approbation of the Mayor, for that purpose, specifying the time when, and place from which the same is to be removed, under the penalty of one dollar penalty, for every load of dirt, earth, sand or gravel so removed. Paved Streets. Ord. 80, June 28, 1883. Ord. 2, November 25, 1892. City Code, (1893) Art. 48, Secs. 107, 157E. 105. No person or persons, corporation or corporations, streets not to shall under any pretext or any cause whatever, dig up, tear poieXc^.’ up, or uncover any of the streets, lanes or alleys of the pi'anTed with- city, or any part thereof, or remove therefrom any of the sfon7ro"m^’ stones, bricks, blocks, cement or other material with which Engineer, the same may be paved in whole or in part; or plant, erect 1132 streets and city engineer — ORDINANCES. [arT. 35. or set up, on any portion of the bed of such streets, alleys or lanes, or any portion of the sidewalks thereof, any tele- graph, telephone, electric light or other pole or poles of any description whatsoever, without first having obtained a written permit therefor from the City Engineer, approved by the Mayor. state rd’/. v. Eatrobe et al., 81 Md. 222. Edison Co. v. Hooper, 85 Md. 111. C. & P. Tel. Co. v. Baltimore City, 89 Md. 706. C. & P. Tel. Co. V. Baltimore, 90 Md. 643. Ord. 80, June 28, 1883. Ord. 2, November 25, 1892. City Code, (1893) Art. 48, Secs. 108, 157F. Regulations as 106 . No such permit as is provided for in the next such permit. preceding section, shall be issued or granted at any time unless the applicant or applicants seeking the same shall apply therefor in writing, and shall in such application consent and agree that the regrading and repaving of such portion of any street, lane or alley as may be torn up or otherwise disturbed under such permits, and any and ^gradSto^eall such Other work as may in the judgment of the City Sgineer?'^^ Engineer be rendered necessary to restore the said street, lane or alley to a proper condition, shall be done by the City Engineer at the expense of said’ applicant; and if said application is for a permit to erect one or more telegraph, telephone, electric light or other poles of any description whatsoever, the person or persons, corporation or corpora- tions, applying for the same, shall in said application further consent and agree that such telegraph, telephone, electric light or other pole or poles shall be placed in such desfSe position or positions as the City Engineer may designate, and that the location of such telegraph, telephone, electric change Lme. light or Other pole or poles, shall be changed at any future time to such other position or positions as the Mayor for the time being shall designate, and that if the Mayor and City Engineer for the time being, shall at any future time order said telegraph, telephone, electric light or other pole ^^moved whSi' or poles, or any of them, to be taken down, that the same M^S^and shall be removed within three days, and that the cost of gineS"' any change in location or of taking down and removing ART. 35 .] GAS AND WATER CONNECTIONS — ORDINANCES. 113a said telegraph, telephone, electric light or other pole or poles, including the cost of any repairing of the bed of the street thereby rendered necessary, shall be borne by the applicant or applicants for the said permits. Edison Co. v. Hooper, 85 Md. 111. Ord. 80, June 28, 1883. Ord. 2, November 25, 1892. City Code, (1893) Art. 48, Secs. 109, 157G. 107. If any person or persons, corporation or corpora- penalty for vio- tions, shall violate any of the provisions of the two next pl-eceding*'^^' preceding sections, either directly or through any employe, servant or agent, he, it or they shall be subject to a fine of not less than twenty nor more than fifty dollars for each day the same shall continue. Edison Co. v. Hooper, 85 Md. 111. Trenches, Drains, etc. City Code, (1879) Art. 47, Sec. 95. City Code, (1893) Art. 48, Sec. 110. 108. No person or persons, shall make, dig or throw up any drain, trench, gulley, gutter or canal, in, through, along or across any of the streets, lanes or alleys of the city, without a special license or permission in writing for that purpose first had and obtained from the City Engineer specifying the place where the same is to be done, and such conditions as he may think necessary, under a penalty of ten dollars, if the same shall not be done in strict ac- cordance with said permission, and the street, lane or alley kept in good repair as therein required, and the like sum ^comSy?ng weekly until the same be removed, or permission received and complied with as above required. Gas and Water Connections. Ord. 117, November 15, 1898. 109. No permit shall be granted by the City Engineer to any person or persons, corporation or corporations, to dig up, tear up, or uncover any of the streets or avenues of Regulating connection of public and private houses with gas, water mains, etc. 1134 STRKKTS and city engineer — ORDINANCES. [aRT. 35. Baltimore city, or any portion thereof, for the purpose of making connections between the public or private houses, factory, store or other buildings abutting on said streets or avenues, and the gas or water mains or sewers buried in the beds of said streets or avenues, when in his judgment said connections can be made by excavation in the alley or lane in the rear of or adjoining such public or private house, store or other buildings. Ord. 117, November 15, 1898. Mains and HO. All Water mains, gas mains and sewers shall be con^t?ucted^ laid, built or constructed in the beds of the alleys of where ^rac- Baltimore city, except where, in the judgment of the City ticabie. Engineer it is impracticable. REGULATING OPENING AND USE OF STREETS. Repairs. City Code, (1879) Art. 47, Sec. 83. City Code, (1893) Art. 48, Sec. 86. 111. The City Engineer when engaged in repairing streets, lanes and alleys, shall repair the same over the Trenches made trenches made by the several gas companies, and collect the cost of the work from the companies over whose pipes the repairs shall have been made. Safety Regulations. Ord. 106, November 18, 1878. City Code, (1893) Art. 48, Sec. 87. 112. The several gas companies, railroad companies, as well as other corporations and individuals, (including all officers and employes of the city) who may now have. Digging up. or who may hereafter receive permission to dig up or &c., streets, q£ stroots, laues or alleys of the city, for the purpose of laying or re-laying railroad tracks, or repair- ing the same, or constructing wells, ditches, drains, sewers, tunnels, laying pipes of any kind, or repairing the same, shall be, and they are hereby, required to take the proper measures to insure the safety of passing vehicles and ART. 35.] RESTORING STREET SURFACES — ORDINANCES. 1135 pedestrians from loss of life or injury to person or proper - how safety of ty, by the erection of a fence or barrier by day, and in vehicles and IT- T 1 • / pedestrians addition thereto, by displaying one or more lanterns at insured, night, at the portion or portions left open, and also at every street crossing on the line of the work where the same may be left open, and upon a failure so to do, such corporations, companies or individuals, (including all officers and employes of the city ) shall suffer a fine or penalty of not less than twenty dollars, nor more than fifty dollars Penalty, for each and every offence, to be collected as other fines and penalties are now collected in the city of Baltimore. Whenever any piles of bricks, stones, lumber or other building material shall be left in any of the streets, lanes or alleys of the city, they shall, during the night, be desig- nated by displaying a lighted lamp or lantern at such part Eamps to be of the same as to be easily observed by persons passing along the street; and any person or persons, or body cor- ber,&c. porate, who may violate any of the provisions of this sec- tion, shall forfeit and pay a fine of not less than ‘ five nor more than ten dollars for each and every offence. Sinclair v. Baltimore, 59 Md. 598. Baltimore City Beck, 96 Md. 190, See also, Baltimore v. O’Donnell, 53 Md. 110. Restoring Street Surface, Ord. 62, May 2, 1888. City Code, (1893) Art. 4^ Sec. 88. 113 . Any person or persons or corporation who shall dig up the streets, lanes or alleys of the city of Baltimore, for the purpose of laying pipe or any other purpose, shall ^ be filled com- return the dirt removed from such excavation, and in replacing the same, shall use a rammer or such other con- trivance as shall make the ground where such excavations are made sufficiently solid so as not to sink after having been paved. Any person or persons, or corporation violating any of the provisions of this section, shall forfeit and pay a fine of ten dollars for each and every offence; pe„aity. 1136 streets and city engineer — ORDINANCES. [arT. 35. and in addition to said fine, said person or persons, or cor- poration, shall immediately proceed to comply with the tbis section, provisions of this section. Street Franchises. Ord. 32, April 4, 1882. City Code, (1893) Art. 48, Sec. 111. •eoaity for P^rson or corporation upon whom the obliga- ^pTn re- ^^y imposed by any law or ordinance, to keep in ?tore?r re-"^^'^®P^i^ any part of any of the streets, lanes or alleys within SltreltJ^^tc! ^i^y» replace and restore in proper order and con- dition the bed or surface of any street, lane or alley, or any portion thereof which such person or corporation may, for any purpose, be licensed or permitted to dig up, dis- place or remove, and who shall refuse or neglect to make such repairs, replacement or restoration, within three days after having been notified in writing by the City Engineer to make such repairs, or to replace and restore in proper order and condition the bed or surface of such street, lane or alley, shall forfeit and pay the sum of twenty dollars for each and every case of such refusal or neglect.** Ord, 32, April 4, 1882. City Code, (1893) Art. 48, Sec. 112. 'City Engineer 115 . Whenever any person or corporation, whose duty repaiS^t^ it shall be to keep in repair any part of any of the streets, bound there- lanes or alleys within the city or to replace and restore in proper order and condition the bed or surface of any street, lane or alley which such person or corporation may be licensed or permitted to dig up, displace or remove, shall neglect said duty after being notified in writing by the City Engineer, as provided in the next preceding **NoTE. — A street railway is not liable for injuries resulting from not keeping two feet of street on either side of track in repair, if the ordi- nance granting the right to lay tracks on the particular street where injury resulted did not impose such obligation on the company as to the particular street. The company’s liability is measured by the agreement of its acceptance of the grant. McCarth}’’ v. Citizens’ Railway Co., Daily Record, April 29, 1889. ART. 35.] PROTECTION OF STREET SURFACE — ORDINANCES. 1137 section, and it shall appear to the City Engineer that the condition of such street, lane or alley is attended with possible danger to persons passing over or using the same, it shall be the duty of the City Engineer forthwith to make such repairs as may be necessary, and when completed, to collect the cost of making the same from the person or corporation through whose default or neglect the same may become necessary, and for said purpose he may, with the approval of the Mayor, cause suit to be instituted in the name of the Mayor and City Council of Baltimore, against such person or corporation. Protection oj Street Surface. Ord. 91, June 13, 1898. City Code, (1893) Art. 48, Sec. 157 I. 116 . It shall not be lawful for any person, firm, or cor- Mortar not to poration to mix mortar, or to cause mortar to be mixed on she?t alphSt any sheet asphalt, block asphalt or any improved pavement on any street, lane or alley in the city, unless the said pavement is protected by a platform constructed to the satisfaction of the City Engineer ; nor shall it be lawful for any person, firm or corporation to make any fire or Fires on pave- cause any fire to be made on any sheet asphalt, block Sdden.°*^ asphalt or any improved or cobble-stone pavement on any street, lane or alley in the city ; nor shall it be lawful for any person, firm or corporation to cause or permit kerosene, Kerosene or coal oil, naphtha, benzine or any other oil or lubricating or to run over illuminating fluid to fall or flow on or over any sheet ments. asphalt, block asphalt, or other bituminous pavement on any street, lane or alley in the city ; nor shall it be lawful for any oil tank wagon or other vehicle conveying oil to pass on any sheet asphalt, block asphalt or other bitu- minous pavement on any street, lane or alley in the city, unless there is a pan to catch the drip of the spigot or *^011? spigots or other device or devices for drawing, measuring or delivering oil ; nor shall it be lawful to place any stick, trestle or other supporting device bearing any weight whatsoever for any purpose upon any sheet asphalt, block asphalt or other bituminous pavement on any street, lane or alley in the city, unless the said stick, trestle or other 1138 STRKKTS AND CITY ENGINEER — ORDINANCES. [arT. 35. supporting device shall have a flat base resting upon the pavement of not less than 144 square inches, under a Penalty. penalty not exceeding ten dollars for each and every offence. Destruction of Embankments, etc. City Code, (1879) Art. 47, Sec. 80. City Code, (1893) Art. 48, Sec. 81. 117. If any person or persons shall cut, break, dig Penalty for in- down, injuro or destroy any abutment, bank, mound or jury to public i ii. i work. other public work erected or constructed by or under the orders of the City Engineer, every person so offending shall forfeit and pay a sum not exceeding two hundred dollars, and moreover, shall be liable to pay the expense of repairing the injury. 118. All fines and penalties incurred by the violation Recovery of of any of the provisions of this Article, shall be recovered penalties ira- as Other fines and penalties imposed by ordinance are re- A°rticie^^ coverable (unless a different provision in a particular case is made herein) , and when recovered shall be paid to the Comptroller. ART. 36.] STREET CLEANING— ORDINANCES. 1139 ARTICLE XXXVI. STREET CLEANING. ORDINANCES. Commissioner of Street Cleaning. Bond. 1. To be conditioned for faithful performance of his duties. Duties, Power, Authority. 2. Duties of said commissioner; to clean streets and sewers ; col- lect and remove garbage, ashes and refuse ; remove snow and ice from gutters and crossings and from streets in markets ; to control district superintend- ents; said superintendents to make daily reports to said commissioner. 3. To supervise district superin- tendents ; to make circuit of observation once every week. 4. To contract for removal of gar- bage, ashes, etc. 5. Modification of contracts for removal of garbage, dead animalsandrefu.se, authorized; proviso. Flushing Streets. 6 May use water from fire plugs in flushing gutters and inlets to sewers. 7. To flush Baltimore street be- tween Paca and Harrison streets when necessary; when work to be done. Restoration of Streets. 8. Penalty for failure to restore streets after digging up same for any purpose, and after notice from said commissioner. Removal of Garbage. 9. Housekeepers to have garbage and ashes placed in separate vessels and delivered to gar- bage men so separated ; what substances to be regarded as garbage ; penalty for neglect of provi.sions of this section after notice. Garbage Boxes. 10. Private persons may place boxes at street corners ; said commissioner to determine location and form of such boxes. 11. Removal of dead animals from .streets; requirements for wagons for such service. 12. Requirements for garbage carls. Street Manure. 13. Not to be removed or carried away wdthout authority of said commissioner. District Superintendent of Streets. Districts. 14. To divide city into seven dis- tricts. 1140 street cleaning — ORDINANCES. [art. 36. Duties. 15. Duties of said district super- intendents. 16. To distribute the street clean- ing forces and superintend their work ; men to work eight hours per day ; to make reports to said commissioner every Monday ; contents of report; not to employ greater force than necessary ; said commissioner to designate one of his clerks as pay- master ; bond of such clerk. 17. To execute orders of said com- missioner ; to give notice to Mayor of offences against health and cleanliness of city. 18. To remove filth and offal from markets on Sundays. Fines and Penalties 19. How to be recovered and ac- counted for. COMMISSIONER OF STREET CLEANING. Bond. Ord. 6, February 21, 1882. City Code, (1893) Art. 48, Sec. 185. Ord. 21, March 9, 1896. Bond in sum of 1 . The Commissioner of Street Cleaning, before enter- $5,000. upon the duties of his office, shall give a good and sufficient bond, with security to be approved by the Mayor, in the penal sum of five thousand dollars, to the Mayor and City Council of Baltimore, conditioned for the faithful performance of his duties. Duties, Power, Authority. Ord. 6, February 21, 1882. Ord. 21, April 21, 1887. City Code, (1893) Art. 48, Sec. 187. Duties of. 2. The Commissioner of Street Cleaning shall have exclusive charge of the cleaning of the public streets, lanes and alleys, as well as the cleaning of the sewers, the clean- ing of the latter to be under the direction of the City Engineer, and he shall have charge of the collection and removal of ashes, garbage, street and household refuse in the city of Baltimore. He shall have and exercise all the powers, and perform all the duties heretofore performed ^o??eLovli of Health Department in relation to the collection, sale garbage. and removal of ashes, garbage, street offal and refuse of the cleaning of the public streets, lanes and alleys, the ART. 36 .] REMOVAL OF GARBAGE AND REFUSE — ORDINANCES. 114 cleaning away of ice and snow from the gutters and cross- ings of the same, from the front of the public schools, public buildings and from the bridges and public wharves belonging to the city, the footways of the city and the footways of the city plazas and squares ; and he shall as soon as practicable after the fall of any snow, remove the from same from all the streets of the city within the limits as fixed by ordinance of the several markets, and all such snow shall be removed from the limits of each of said markets, respectively, before the morning of the market days of said markets ; provided the snow has ceased to fall by twelve o’clock noon of the day preceding said market day. The several district superintendents and all persons ^uierhi- employed under them, or in the collection and removal of Pendents, ashes and garbage, shall act under the superintendence and control of the Commissioner of Street Cleaning, and shall execute the orders of the Commissioner of Street ^aiiy reports Cleaning and shall make and present to him their daily suplr^lend-^ reports and accounts ; and the Commissioner of Street Cleaning shall examine and audit the daily reports and Audit of same accounts of said district superintendents. City Code, (1879) Art. 23, Sec. 118. City Code, (1893) Art. 48, Sec. 218. 3 . It shall be the duty of the Commissioner of Street commissioner Cleaning, in addition to such other duties as are embraced superintend- in this Article, to superintend the district superintendents in all matters that relate to their operations and efficiency. In the discharge of such special service, he shall make a circuit of observation in relation to the condition of the streets, lanes and alleys, at least once in every week, to every part of the city, and give instructions to the district superintendents in relation to their duties. Removal of Garbage and Refuse. City Code, (1879) Art. 23, Sec. 103. Ord. 67, May 9, 1888. City Code, (1893) Art. 23, Sec. 124. Ord. 36, December 18, 1903. Ord. 155, November 22, 1904. 4 . The Commissioner of Street Cleaning is authorized contracts for to contract with such person or persons or body corporate SVarbaTe.' 1142 street CEEANING — ORDINANCES. [art. 36. as may be awarded the contract by the Board of Awards, for the collection, removal and disposition of all garbage, dead animals, cinders, ashes and miscellaneous refuse from the public markets, commission houses, stores, churches, schools, hotels, apartment houses, office buildings, tene- ments, dwellings and houses of Baltimore city, including pea hulls, fruit parings, tomato skins and all other kinds of fruit and vegetable refuse from canning houses subject to all the terms, conditions, regulations and restrictions em- bodied in Ordinance No. 155, approved November 22, 1904. Ord. 163, June 20, 1906. ModmcatioHfOf 5. The Mayor is authorized to enter into an agreement removal of with the Baltimore Sanitary Contracting Company modify- dead^anjmais ing the contract dated April 17, 1902, between the city authorized, and Frederick W. Feldner and subsequently assigned to the said Baltimore Sanitary Contracting Company, provid- ing for the collection and disposal of garbage, dead animals, miscellaneous refuse and ashes, and the contract dated December 15, 1904, between the city and said Baltimore Sanitary Contracting Company providing for the collection and disposal of dead horses, cows, miscel- laneous refuse, and ashes other than coal and wood ashes, in the manner and form and under the terms, conditions, regulations and restrictions as prescribed in Ordinance Proviso. No. 163, approved June 20, 1906; provided, that nothing contained in this section or in the agreement proposed to be executed hereunder, shall be construed as a legal recognition of said contract of April 17, 1902, referred to in this section, or as a waiver of any rights which the city may have under said alleged contract, or under said contract, of December 15, 1904. Flushing Streets. Ord. 102, May 11, 1880. City Code, (1893) Art. 48, Sec. 201. Flushing gut- 6. The Commissoner of Street Cleaning is empowered to use the water from fire plugs, in order to flush the sewers. g^jters and inlets to sewers after the removal of dirt from said gutters and inlets. ART. 36.] REMOVAL OF GARBAGE — ORDINANCES. 1143 Res. 55, March 24, 1890. City Code, (1893) Art. 48, Sec. 220. 7. The Commissioner of Street Cleaning is authorized Flushing of ^ Baltimore and directed to have Baltimore street, from Paca street to street. Harrison street, cleaned by flushing the same with water from the city plugs located along the line of said street, whenever the said street becomes wet and muddy, and in his judgment, not in condition to be properly cleaned by the usual method now employed; said work to done by the employes of his department employed at present for regular street cleaning; such work to be done between the hours of 11.30 P. M. and 5 A. M. Restoration of Streets. City Code, (1879) Art. 23, Sec. 52. City Code, (1893) Art. 48, Sec. 219. 8 . The gas companies, railroad companies, as well as Restoration of all other corporations and individuals, who may have or up by corpo- T j,, . ••j_T rations or may hereafter receive permission to dig up or disturb any individuals, of the paved streets, lanes or alleys of the city, for the purpose of laying pipes of any kind, or constructing wells, ditches, drains or tunnels, or for the purpose of laying or relaying railroad tracks or repairing the same, shall be, and they are hereby, required within two weeks after said streets, lanes or alleys have been repaved, to clean and remove the dirt therefrom, and upon a failure or refusal to do so, after flve days^ notice from the Commissioner of Street Cleaning, such corporations, companies or individuals so failing or refusing, shall suffer a fine or penalty of not less than twenty nor more than fifty dollars for each and every neglect or refusal to comply as aforesaid. REMOVAL OF GARBAGE. City Code, (1879) Art. 23, Sec. 92. City Code, (1893) Art. 48, Sec. 189. 9. It shall be the duty of all housekeepers to have Duty of house- placed in a vessel or vessels, not exceeding in capacity one bushel each, near their premises or some convenient place of access, at such time as said carts may pass, all vegetable or kitchen offal, and separately in a similar vessel, all coal 1144 street cleaning — ORDINANCES. [art. 36. or other ashes, and to deliver, or cause them to be delivered to the garbage man so separated; and it is hereby expressly ordained that no other substances than those mentioned in this section shall be regarded as garbage, under a penalty of one dollar for each offence; and any person or persons neglecting or refusing to comply with any of the provisions of this section, after having first been notified in writing by the Commissioner of Street Cleaning, shall forfeit and pay one dollar for each and every neglect or refusal. Garbage Boxes. Ord. 10, December 9, 1897. Ord. 61, Annual Session, 1897-1898*. Private persons 10. Private persons may be permitted to place boxes pfS bSfes° at street corners as receptacles for waste material or corners. rubbish; the same to be done under the supervision of the Commissioner of Street Cleaning, who shall decide on the localities where such boxes shall be placed, and the quality and form of the boxes to be so provided. City Code, (1879) Art. 23, Sec. 96. City Code, (1893) Art. 48, Sec, 193. Removal of 11. The Commissioner of Street Cleaning is authorized ea anima s. ^iSiYe dead auimals lying in the streets removed, and to cause the vehicles used in their removal from the streets and station houses to be so constructed as to have wooden covers and to be kept locked, or to be covered with oil cloth, as they pass through the streets, as in his judgment may be deemed most advisable. City Code, (1879) Art. 23, Sec. 97. City Code, (1893) Art. 48, Sec. 194. Carts, how to 12. All carts employed by the city for the collection of e covere . Other ashes, shall be covered with heavy canvas or other substantial material, so as to prevent dust or effluvia from escaping from such carts while being driven along the streets of the city. ^Note. — T his ordinance became law by limitation. ART. 36.] DISTRICT SUPERINTKNDKNTS — ORDINANCES. 1145 Street Manure. City Code, (1879) Art 23, Sec. 100. City Code, (1893) Art. 48, Sec. 203. 13. No person shall remove or carry away any manure Removal of ^ n • 1 • 1 manure and or dirt out of any paved street, lane or alley within the dirt, city, unless by the authority of the Commissioner of Street Cleaning, except manure or dirt which they themselves may have temporarily deposited thereon, and every person offending herein, shall forfeit and pay the sum of three dollars for each and every load of manure or dirt so removed or carried away, and in proportion for any less quantity. DISTRICT SUPERINTENDENTS OF STREETS. Districts. Ord. 19, March 1, 1881. Ord. 87, June 19, 1888. City Code, (1893) Art. 48, Sec. 207. Ord. 37, March 9, 1896. 14. In order more effectually to secure the keeping of the several streets, lanes and alleys properly cleaned, and into seven to preserve the health of the city, and in view of the very large increase within the past few years of the surface of the paved streets, lanes and alleys, the said Commissioner of Street Cleaning is hereby directed to divide the city into seven (7) districts, as equally as may be, with a due re- gard for the surface of said paved streets, lanes and alleys. Duties. Ord. 95, May 18, 1881. City Code, (1893) Art. 48, Sec. 208. 15. The districts laid off according to the next preced- District super- ing section shall be under the control of such district appointment superintendents as the Commissioner of Street Cleaning shall appoint, who shall act as agents of the corporation, and shall, under the supervision of the Commissioner of Street Cleaning, clean the public streets, lanes and alleys of the city, and remove the ice and snow from the gutters and crossings of the streets, lanes and alleys ; and also the snow and ice from the fronts of the public schools and of all public buildings and school yards, occupied and owned by the city, and the footways and bridges, including the pub- lic wharves belonging to, and in the occupancy of, the corporation ; and also all the footways of the city plazas and squares. 1146 To distribute the street- cleaning force and superintend their work. Men to work eight hours per day. Reports to Commission- er of Street Cleaning. Contents there of. Appointment of one of clerks as paymaster. Bond. To act as pay- master of sub-depart- ment. STREET CLEANING — ORDINANCES. [arT. 36. City Code, (1879) Art. 23, Sec. 109. City Code, (1893) Art. 48, Sec. 209- Ord. 28, November 25, 1905. 16. It shall be the duty of the said district superintend- ents to superintend the working and proper distribution of the men, horses and carts, to the best advantage for clean- ing the streets, lanes and alleys ; and also to keep the number of men, horses and carts specified in the respective districts, diligently employed in removing street dirt and manure from the streets, lanes and alleys (unless other- wise employed or suspended from employment by the direction of the Commissioner of Street .Cleaning) at least eight hours in each and every day, (Sundays excepted) ; and it shall be the duty of the said superintendents, on Monday morning of each week, to make a full report in writing, under oath, to the Commissioner of Street Clean- ing, which report shall state the number of men, horses, carts and implements kept by them respectively at work during the week previous, for the benefit of the city ; the number of loads of street dirt and manure removed and sold, and the amount of money received therefor, and also the locations in their respective districts, where the men, horses and carts were engaged ; and they shall at no time employ more men, horses and carts than are absolutely necessary for the performance of the duties required of them ; and the Commissioner of Street Cleaning is hereby authorized and directed to designate one of the clerks in his employ, who in addition to the duties now being per- formed by him, shall hereafter act as paymaster, upon giv- ing a bond to the Mayor and City Council of Baltimore for the faithful performance of his duties as such paymaster in the sum of five thousand dollars ($5,000), with a surety or sureties to be approved by the Mayor, and shall pay to such persons as may be entitled to receive the same, as shown by the reports of the Superintendents of Street Cleaning, such sums of money weekly as may be necessary to pay for the labor of removing said street dirt, manure and offal. ART. 37 .] CITY SURVEYOR — ORDINANCES. 1147 City Code, (1879) Art. 23, Sec. 111. City Code, (1893) Art. 48, Sec. 211. 17 . The district superintendents shall execute all or- to execij^te or- . . , . , . 1 1 • 1 Com- ders pertaining to their duties and omce, which they may missioner of . « 1 ^ • • n r-t • 1 Street Cleaii- receive from the Commissioner of Street Cleaning, and mgr. shall give immediate notice to the Mayor of all offences committed against the ordinances and laws enacted for the preservation of the health and cleanliness of the city. City Code, (1879) Art. 23, Sec. 113. City Code, (1893) Art. 48, Sec. 213. 18. It shall be the duty of the district superintendents, ^offarfrom every Sunday morning, at or before sunrise, to have the “e^ysunday, filth and offal accumulated at the different market houses where market is held on Saturday evenings, removed. FINES AND PENALTIES. 19 . All fines and penalties incurred by the violation of any of the provisions of this Article shall be recovered as accounted other fines and penalties imposed by ordinance are recov- erable, and when collected shall be paid to the Comptroller. ARTICLE XXXVII. CITY SURVEYOR. ORDINANCES. Bond. 1. Bond to be conditioned for faith- ful performance of duties and return of all records when called for by Mayor. Duties. 2. To perform service as surveyor when required so to by City Engineer ; compensation for such services ; collection of compensation. 3. To serve as surveyor to Com- missioners for Opening Streets ; compensation. 4. To perform other acts and du- ties required by ordinance ; compensation therefor. 1148 CITY SURVEYOR — ORDINANCES. [art. 37. Bond To perform cer- tain dtities to be directed by City En- gineer. Compensation for Services. 5. Table of fees and charges ; sur- veying lot ; plat of same ; when more than one lot ad- joining ; plats of same ; for giving street line ; establish- ing grade of street ; profile of same ; paving plat ; con- demnation and benefit plats ; damage plats ; proviso as to streets on Poppleton’s plat. Office and Records. 6. Surveyor to keep record of notes, plats, etc. 7. Certain municipal officials to inspect such records ; inspec- tion by general public subject to certain restrictions. BOND. City Code, (1879) Art. 48, Sec. 8. City Code, (1893) Art. 49, Sec. 8. 1 . Before entering upon the duties of his office, the City Surveyor shall give bond with security, in the sum of five thousand dollars, conditioned for the faithful performance of his duties as City Surveyor, and for the return to the Comptroller of the city of all memoranda, field notes, plats, copies of plats and records, made by him as City Surveyor, or which may have been committed to his charge, when- ever the same shall be required of him by the Mayor or by the Comptroller, under the orders of the Mayor. DUTIES. City Code, (1879) Art. 48, Sec. 2. City Code, (1893) Art. 49, Sec. 2. 2. Whenever the City Engineer shall, in pursuance of the several duties required to be performed by him, under the provisions of the several ordinances of the city of Baltimore, contained in Article 35 of this Code, title, ‘'Streets and City Engineer'’, or of any other ordinance which may hereafter be passed, regulating the duties of said City Engineer, require the services of a surveyor, it shall be the duty of the City Surveyor, to do and perform all such acts appertaining to the business of a surveyor, as may be reasonably required of him by the City Engineer, for which services he shall be entitled to and shall receive compensation as fixed in the table of rates contained in section 5 of this Article, and which compensation shall be collected in the manner now provided for in the several ART. 37.1 COMPENSATION FOR SERVICES— ORDINANCES. 1149 ordinances hereinbefore referred to, or which may hereafter be passed by the Mayor and City Council of Baltimore. City Code, (1879) Art. 48, Sec. 3. City Code, (1893) Art. 49, Sec. 3. 3 . Whenever the Commissioners for Opening Streets shall proceed to perform the several duties imposed upon them by Further duties, virtue of the provisions of the City Charter or other laws, and the provisions of the several ordinances of the Mayor and City Council of Baltimore, contained in Article 35, title, “Streets and City Engineer' or such other ordinances as may be passed from time to time, which may require the services of a surveyor, it shall be their duty and they are hereby required to notify the City Surveyor thereof ; and it shall be the duty of the City Surveyor to do and perform all such work as may be required by the said Commissioners for Opening Streets in the discharge of their several duties, and for such work or services so performed he shall be entitled to and shall receive compensation agreeably to the rates established by the table hereinbefore mentioned, to be assessed and collected in the manner prescribed by law or by ordinances of the Mayor and City Council of Baltimore. City Code, (1879) Art. 48, Sec. 4. City Code, (1893) Art. 49, Sec. 4. 4 . It shall be the duty of the City Surveyor to do and perform all other acts and things appertaining to the busi- ness of a surveyor, which may be required by virtue of any ordinance or resolution of the Mayor and City Council of Baltimore requiring the services of a surveyor, which are now in force or which may be hereafter passed, upon due notice to be given to him whenever said services are needed, and he shall receive compensation agreeably to the rates in the table hereinafter given or which may now or hereafter be specially prescribed by law or by ordinances of the Mayor and City Council of Baltimore. COMPENSATION FOR SERVICES. City Code, (1879) Art. 48, Sec. 5. City Code, (1893) Art. 49, Sec. 5. 5. The compensation for the duties performed by the Fees and City Surveyor under this Article shall be as fixed by the following table, viz : 1150 To keep a rec- ord of notes, plats, etc. CITY SURVEYOR — ORDINANCES. [aRT. 37. For surveying and establishing the lines of a lot, eight dollars. For a plat of the same, three dollars. For surveying and establishing from two to ten adjoin- ing lots, each five dollars. For a plat of the same, each two dollars. For giving the line of a street in front of a building, five dollars. For establishing the grade of any street, one square, five dollars. For all over one square, each three dollars. For profile of same, for each square, five dollars. For paving plat, each square, five dollars. For condemnation and benefit plats furnished to the Commissioners for Opening Streets, the rates shall be as follows : For a distance as shown on the benefit plat not exceeding two squares, for every front foot ordered, five cents. For a distance, as above, more than two and not exceed- ing four squares, for every front foot ordered, three cents. For a distance, as above, exceeding four squares, for every front foot ordered, two cents. For the damage plat he shall be allowed for his own services ten dollars per day while engaged on it, and also an additional allowance of two dollars and fifty cents per day for each assistant; provided, that in opening any street designated on Poppleton’s plat, there shall not be allowed (on said damage plat) more than one day to each square to said Surveyor and his assistants, unless the bed of the street to be opened be obstructed by improvements. OFFICE AND RECORDS. City Code, (1879) Art. 48, Sec. 6. City Code, (1893) Art. 49, Sec. 6. 6. There shall be provided for the use of the City Sur- veyor, an office, which shall be known and designated as the “City Surveyor's Office;" and the said City Surveyor shall be required to have all memoranda, field notes and plats taken and made by virtue of this Article, and such as may be committed to his charge by any of the city officers,. ART. 37 .] INSPECTION OF RECORDS — ORDINANCES 1151 carefully filed and preserved in said ofRce for the use of the city, whose property they are hereby declared to be ; and it shall be the duty of the City Surveyor to report semi-annually (in January and July) to the Mayor what field notes (so termed) and plats are in his possession be- longing to the city. He shall also keep in his office a record of all establishments made by him. City Code, (1879) Art. 48, Sec. 7. City Code, (1893) Art. 49, Sec. 7. 7. All records, memoranda, plats and field notes herein mentioned shall at all times be subject to the inspection inspection of and examination of the Mayor, the members of the City records. Council, the City Engineer, the Commissioners for Opening Streets, the City Solicitor and his assistants, the Comp- troller and the City Register; but every other person, after the expiration of twelve months from the time of the deposit of any record, memoranda or plats in said office for such inspection, shall pay to the City Surveyor, for the use of the city, the sum of twelve and a half cents; and it shall be the duty of the City Surveyor to furnish a copy of any record in his office to any person requiring the same, on the payment of ten cents for every one hundred words embraced in such copy. 1152 TAXES — ORDINANCES. [art. 38 . ARTICLE XXXVIII. TAXES- ORDINANCES. Appeal Tax Court. assessors and Clerical Force. 1. Bond of members of Court; Court to appoint ten assessors; duties of assessors ; salaries ; clerk ; special assessors ; all assessors to take oath of office; bond. 2. Assistant clerk; salary; writ, transfer and notice clerk ; sal- ary ; stenographer and messen- ger ; salar}^ ; clerk to special assessors ; salary ; all appoint- ees to take oath of office and give bond. Office Hours. 3. Clerks to remain at office from nine until three. Assessments, Abatements and Errors. 4. When Court may abate assess- ments ; City Collector to close said accounts ; amount due to be charged to suspended ac- counts. 5. Refunding taxes paid in error ; limitation on refunding ; Court to keep list of claims for taxes; proof necessary for abatement of claim. 6. Correction of errors in assess- ment ; deductions for loss of property; transfers of property. 7. Exemption of manufacturing plants ; in what cases and how to be allow’ed ; when not to be allowed ; application for abate- ment or exemption ; reassess" ment upon application for abatement ; applicant to make oath that all property is as- sessed ; statements in appli- cation to be bona fide ; applica- tion to be renewed each year. 8. All arrears of taxes to be paid before exemption granted. 9. Receipted tax bills to accompany application for abatement. New Improvements. 10. Court to assess same by October 1st of every year; when to be deemed finished. Provisoes. 11. No abatement of taxes on real estate. 12. No city tax on city stock. Reports. 13. Court to make monthly report to Ma\’or and City Council ; what report shall show. Abatements. 14. Reports by assistants to chief assessor of new assessments; chief assessor to be present at hearing on new assessments ; notice to such assessor of hear- ings; opinion of chief assessor. ART. 38 .] TAXES — ORDINANCES . 1153 15. Office of board of assessors ; City Librarian to furnish stationery to board. 16. Powers of Bailiffs appointed by City Collector. Permits to Erect Buildings. 17. Must be obtained from Appeal Tax Court. 18. Special permits granted by city to be endorsed by Court. 19. Penalty for building without permit. 20. Full description of premises and improvements contem- plated to be filed with appli- cation to Court for permit. 21. Court to keep record of per- mits issued ; to advertise ap- plications therefor ; applicant for permit to provide for drainage. City Collector. 22. His bond ; by whom to be ap- proved ; duties under bond. Subordinates. 23. Salary of City Collector ; to ap- point deputy collector; duties and salary of deputy; cashier; salary ; book-keeper ; salary ; general cash book-keeper ; salary ; sixteen ledger clerks; salaries; piece clerk; salary ; chief clerk ; his duties ; sal- ary ; City Collector responsi- ble for his subordinates under his bond. 24. Compensation of bailiffs. Accounts and Records. 25. Entries in books ; ledger ac- counts. 26. Daily deposits in bank of moneys collected, to be made by City Collector; how drawn when City Collector dies, re- signs oris removed. Collection of Annual Levy. 27. To separate real from personal taxes in bills. Sales for Taxes. 28. Leasehold and fee simple to be distinguished in sales made for taxes ; proviso where amount received for leasehold is insufficient ; not to apply where records do not show existence of lease. Sales for Paving Assessments. 29. City Collector to deliver bills for assessments to cover costs of repairing or repaving foot- ways and to collect same. 30. City Collector to publish list of property sold for taxes ; what such list shall show; City Col- lector to keep record of lists ; same to be open to public. 31. City Solicitor to certify who is real owner of property sold for non-payment of taxes, etc. ; no payments to be made by City Collector or City Reg- ister until certificate is re- ceived from City Solicitor. 32. Compensation of Collector of State Taxes. Comptroller. Damages in Opening Streets. 33. Payment of damages to be withheld until taxes are paid. 34. Comptroller to furnish Court list of property condemned and taken by city. 1154 TAXES — ORDINANCES . [art. 38. Tax Sales. 35. Procedure when city buys property at tax sale ; ratifica- tion of sale; City Collector to execute deed of such property to city. 36. Said deed to be recorded in office of Comptroller and among land records of city. 37. Comptroller to sell such prop- erty sixty days after receiv- APPEAL TAX COURT. Assessors and Clerical Force, City Code, (1879) Art. 49, Secs. 1, 2. Ord. 18, April 2, 1879. Ord. 85, June 19, 1888. Ord. 165, October 24, 1890. Cit}’- Code, (1893) Art. 50, Secs. 1, 2, 2A and 2B. Ord. 63, March 28, 1893. Ord. 19, March 14, 1894. Ord. 98, May 18, 1894. Ord. 24, March 9, 1896. Ord. 89, June 10, 1898. Ord. 25, December 29, 1899. Ord. 113, March 20, 1901. Ord. 131, August 15, 1904. Ord. 232, March 24, 1905. Ord. 64, January 25, 1906. 1 . The members of the Appeal Tax Court shall each Bond of give bond for the faithful discharge of his duties in such penalty and with such security as the Mayor may approve, and they are hereby authorized to appoint ten discreet and To appoint ten Competent persons as assessors, whose duty it shall be to value for assessment all taxable property in Baltimore city. They shall designate one of said assessors to be chief assessor, and two others to be assistants to the chief assessor. The chief assessor shall receive a salary of Salaries of twonty-four hundred dollars ($2,400) per annum payable assessors, semi-mouthly, and each of said assistants shall receive a salary of fourteen hundred dollars ($1,400) per annum, pay- able semi-monthly. Each of the other seven assessors shall receive a salary of twelve hundred dollars ($1,200) per annum, payable semi-monthly, and one of them may be designated by the Appeal Tax Court to act as clerk to the said assessors without additional compensation. The ^‘SSsors. Appeal Tax Court is likewise authorized to appoint two ing deed ; manner of sale ; notice to former owner ; deed to purchaser ; private sale to be advertised ; practice when objections to such sale are filed. 38. Comptroller to report to Court sales made by him. 39. Recovery of fines and penalties imposed hereunder. ART. 38.] APPEAR TAX COURT — APPOINTEES OF — ORDINANCES. ' 1155 special assessors (who shall have expert knowledge in the valuation of real estate) for the purpose of re-assessing real estate in the city of Baltimore, and each of said two special assessors shall receive a salary of twenty-two hundred dollars ($2,200) per annum, payable semi-monthly. All the assessors and special assessors herein provided for ^ tS oSh°of shall take the oath prescribed by law and give bond for the faithful performance of their duties in such penalty and with such security as the Appeal Tax Court may determine, and shall perform, under the general super- vision, direction and control of the Court, the duties hereinbefore specified and also such other duties as may be assigned to them by the said Court. Monticello Dist. Co. v. Balto., 90 Md. 429. Ord. 64, January 25, 1906. 2. The Appeal Tax Court is authorized to appoint an ^ppointmentt assistant clerk, who shall act as one of the clerks of the cierks. Court, and who shall receive a salary of sixteen hundred dollars ($1,600) per annum, payable semi-monthly; a clerk who shall be known as the writ, transfer and notice- clerk, and who shall receive a salary of twelve hundred dollars ($1,200) per annum, payable semi-monthly; a clerk who shall be a stenographer and typewriter and act as messenger to the Court, and who shall receive a salary of one thousand dollars ($1,000) per annum, payable semi- monthly; and a clerk to the special assessors mentioned in the next preceding section of this Article, who shall receive a salary of twelve hundred dollars ($1,200) per annum, payable semi-monthly. All of the appointees mentioned aii appointees in this section shall take the oath prescribed by law and oath of office, shall give bond for the faithful performance of their duties in such penalty and with such security as the Appeal Tax Court may determine, and shall perform, under the general supervision, direction and control of the Court, the duties hereinbefore indicated and also such other duties as may be assigned to them by the said Court. Robinson v. Balto. City, 93 Md. 208. 1156 TAXES — ORDINANCES . [art. 38. Office hours Court. Appeal Tax Court may abate assess- ments. Refunding taxes paid ii error. Office Hours. City Code, (1879) Art. 49, Sec. 3. City Code, (1893) Art. 50, Sec. 4. 3 . The clerks of the Appeal Tax Court shall meet at their offices daily at nine o'clock A. M. , and remain until three o'clock P. M., to attend to the duties required of them. Assessments, Abatements and Errors. City Code, (1879) Art. 49, Sec. 8. City Code, (1893) Art. 50, Sec. 9. 4 . The Appeal Tax Court is authorized to abate assess- ments on the books whenever the City Collector shall on his affidavit declare that in his judgment and opinion the taxes so reported cannot be collected; or, upon other satisfactory evidence, the Appeal Tax Court shall direct the City Collector to close up said accounts on his books. And the said City Collector may present to the Appeal Tax Court any account on his books, the collection of which, in his opinion, is deemed doubtful, and upon the declaration of the City Collector that diligent inquiry has been made in reference to such account, the Appeal Tax Court shall direct the amount to be charged to suspended accounts for the year in which said taxes were due; and the Appeal Tax Court may give such directions as may be deemed best calculated to secure the payment of any or all such accounts, and so much thereof as may be collected, shall be credited on the suspended accounts. City Code, (1879) Art. 49, Sec. 9. City Code, (1893) Art. 50, Sec. 10. 6. It shall be the duty of the Appeal Tax Court to examine into all claims for a return of taxes alleged to have been paid in error, and if upon examination by the Appeal Tax Court, it shall clearly appear that such claim or claims is or are well founded and that such taxes have been paid erroneously, the court may direct the City Collector by order or orders in writing to refund or repay the same, and shall reject all such claims as may be considered doubtful or not well founded; provided not more than four ART. 38.1 ASSESSMENTS, ABATEMENTS AND ERRORS — ORDINANCES. 1157 years have elapsed from the first day of May in the year ^imitation. in which the levy was made for said taxes to the time application is made for the refunding of the same. And the Appeal Tax Court shall keep a correct list or account Ust of claims. of all claims for taxes presented to or examined by said court, which shall contain the name or names of the person or persons presenting such claims, and the amount of each, including those rejected, and upon the representation of any taxpayer that he or she has paid the taxes for which the collector has demanded payment, the Appeal Tax Court is hereby authorized to investigate the case; if the party shall declare his or her receipt has been destroyed or lost, and undoubted proof or satisfactory evidence is given Abatement. that the said bill has been paid, the claim shall be abated. City Code, (1879) Art. 49, Sec. 10. City Code, (1893) Art. 50, Sec. 11. 6. The Appeal Tax Court may correct errors discovered^ , 1 1 • 1 n • . ^ . Correction of on the assessment books m the description of property, in errors, the ownership of property, and errors in calculations and may make deductions in whole or in part, in cases of loss by fire or of perishable property, where satisfactory evidence of such loss is given. The Appeal Tax Court may make transfers of property, if the taxes are paid up to and make trans- including the year in which the transfer is proposed to be made.** Ord. 7, February 8, 1881. Ord. 71, April 5, 1893. City Code, (1893) Art. 50, Sec. 71. 7. The Appeal Tax Court is authorized and directed, upon the application, as hereinafter provided, of any ^ixemption of individual, firm or corporation, actually engaged in the business of manufacturing articles of commerce in the city of Baltimore, to abate any and all personal taxes which may be levied hereafter by authority of the Mayor and City Council of Baltimore for any of the corporate uses thereof, upon any mechanical tools or implements, whether worked by hand or by steam, or other motive power, or upon any **See note to sec. 170, Charter, ante, referring to the case of Hoffman V. Sams, Daily Record, January 10, 1905. 1158 TAXES— ORDINANCKS. [art. 38. machinery or manufacturing apparatus owned by such ^”and hVwTo® individual, firm or corporation, and actually employed be allowed, busiuess of manufacturing articles of commerce in the said city; provided, that this section shall not be construed as exempting any manufacturing apparatus, tools or machinery used in the manufacture or generation of illuminating or other gas, or any manufactur- when not to be ^pparatus, tools or machinery used in generating or allowed. producing electric light or electricity to be used as motive power, or for any other purpose, or any manufacturing apparatus, tools, type or machinery used in the prepara- tion, printing or issuing by the printers or publishers thereof, of any daily journal or other periodical publication ; and provided, that every such application for an abate- ment of taxes in any year shall have been made before the annual revision and correction of the tax lists for said year, which the Appeal Tax Court is by law required to make, shall be completed and returned to the City Collector. Whenever any such application is made, the property of such individual, firm or corporation, including the plant, tools or machinery, on which it is desired to secure an abatement, shall be examined and reassessed by one or more of the assessors of taxes, and a report made thereon in writing by such assessor or assessors to the Appeal Tax Court. And no application for an abatementof taxes under the provisions of this section shall be enter- tained by the Appeal Tax Court, unless the individual Applicant to OY iudivlduals owning the plant, machinery or prop- thS an p‘?op- erty on which an abatement is sought, if the prop- hesied. erty be owned by an individual, individuals or firm, or the president, managing director or general man- ager of the corporation owning the same, if the prop- erty on which the abatement is sought is owned by a corporation, shall under oath satisfy the Appeal Tax Court, that such individual, individuals or corporation, in whose behalf the application for the proposed abatement is being made, has or have assessed against it, him or them, all property belonging to it, him or them, properly liable to taxation; nor unless the Appeal Tax Court be satisfied that all the material statements made in applying for such ART. 38 .] NEW IMPROVEMENTS — ORDINANCES. 1159 abatement, are true and hona fide, and that the abatement statement to be . • 1 bona fide and asked tor is properly within the terms ot this section; and appUcationto it shall be necessary each year to make a new and separate each year, application for the abatement of the personal taxes for municipal purposes on any plant, manufacturing apparatus, tools or machinery, if such exemption is desired for that year. Consolidated Gas Co. v. Mayor, 62, Md. 588. Electric Eight Co. v. Frederick City, 84 Md. 599. Ord. Ill, March 20, 1901 . 8 . Before the Appeal Tax Court grants an exemption ah arrears of from taxation of the machinery or manufacturing apparatus S before belonging to any individual, firm or corporation, actually J?anted.°” engaged in the manufacture of articles of commerce, the said Court shall require said individual, firm or corporation to file with said application a receipted bill for all taxes due and unpaid upon the property of every kind and description belonging to said individual, firm or corporation. Ord. 112, March 20, 1901. 9 . The Appeal Tax Court of Baltimore City shall in Receipted bni every case require all persons, firms or corporations apply- ing to said Court for an abatement of the assessed value ^mpany^a’p- of any real or personal property to produce to said Court abatemSnt?’^ a receipted bill for all taxes due upon said property for the years preceding the year in which such application is made. New Improvements. Ord. 32, April 1, 1884. City Code, (1893) Art. 50, Sec. 21. Ord. 170, March 13, 1899. 10 . The Appeal Tax Court is authorized and directed court to assess to have assessed, for taxable purposes, all new improve- by^'ocfobS^^^ ments finished on or before the first day of October of every year; the said improvements to be construed as fin- ished, when plastering and inside wood-work are completed. Hopkins be made — official maps and plats to be prepared. 1172 TOPOGRAPHICAL SURVEY — ORDINANCES. [arT. 39. Plats to be made and bound in atlas form. width between the building lines; the elevation of streets above mean tide at street corners, or at other points, as may be necessary; the dimensions of blocks in feet and inches; all streets not yet opened to be located by dotted lines and their grades established, with a view of conforming to an uniform system of surface drainage or underground sewerage, and the survey made of the unimproved and undeveloped portions of the city shall be such that there may be defined on said map all streams, water courses, highways, boundary lines of farms or estates, with the names of the owners thereof; the undulations of the ground to be shown by contour lines representing the different elevations in a manner to enable the establish- ment of grades, locations of sewers, &c. ; and should the commissioners, provided for in section 3 of this Article deem it advisable to extend said topographical survey be- yond the present city limits, they are hereby authorized and empowered to do so; provided, however, that said extended survey shall not embrace any territory located more than one mile beyond the present city limits. Plats. Ord. 98, April 26, 1893. City Code, (1893) Art. 1, Sec. 69. 2. Plats shall be also made from said surveys and bound in atlas form for the use of the Tax Department, City Engineer’s Department, City Surveyor, and Commissioners for Opening Streets, and such other departments of the city government as may be necessary; said plats to be made upon a scale sufficiently large to show in addition to the matters contained in the general official map, the fol- lowing details, viz: the dimensions of each lot or tract of land embraced in the city, with the character of the im- provements thereon; the location of all sewers, with their dimensions; the system of water supply, with the location of fire plugs; all corporation buildings, such as school houses, station houses, etc.; all railway lines, and such other details as may be considered requisite. ART. 39.] PTAN OF STREETS IN ANNEX — ORDINANCES. 1173 Board of Commissioners. Orel. 98, April 26, 1893. City Code, (1893) Art. 1, Sec. 70. 3 . The Mayor, the Comptroller and the City Register Ma^yor^con^^^^ are hereby constituted a Board of Commissioners, who, or gty^Register a majority of whom, shall prescribe or approve the general of commis- method to be pursued in all work done under the provisions of this Article, both as to field work and maps, and also as to details required by the several departments, and they shall report from time to time to the Mayor and City Coun- cil as to the progress of the work. Chief Engineer Topographical Survey. Ord. 98, April 26, 1893. City Code, (1893) Art. 1, Sec. 71. 4 . The said Board of Commissioners are hereby author- Appointment ized to appoint an engineer of experience, reputation and gLeer'Ind ability, with necessary assistants, who shall have direct charge of the work, and to fix the compensation of said engineer and his assistants. Plan of Streets in Annex. Ord. 129, December 3, 1898. 5. The plan or scheme of streets, avenues, lanes, etc. , pian for the in the territory annexed to the city of Baltimore by the IJnY^ Act of 1888, Chapter 98, which plan or scheme has just been completed by the Topographical Survey of the city of Baltimore, is hereby adopted. Ord. 129, December 3, 1898. 6. The Topographical Survey is directed to proceed Map to be with the preparation of a map (based on said plan or scheme) of said proposed streets, lanes, avenues, alleys, etc. , showing the length and width of blocks, as well as the widths of all streets, avenues, alleys, lanes, etc., as well as a general system of grades. 1174 TOPOGRAPHICAI, SURVEY — ORDINANCES. [arT. 39. Ord. 129, December 3, 1898. adopting such plan and map it is expressly under- ofstreets.etc. that the Mayor and City Council of Baltimore in no way assumes any ownership over or recognizes as public, any street, avenue, alley, lane, etc., in said territory, except such streets as have been made public by due course of law. Numbering Houses in Annex. Ord. 195, April 22, 1899, Sec. 1. Houses in the 8 . The Topographical Survey of the city of Baltimore numbered ^ is hereby directed (as provided for under Chapter 431 system. section 2 , of the Acts of the General Assembly, passed at the January Session, 1886) to extend the decimal system of numbering houses into the territory annexed to the city of Baltimore by the Act of 1888, Chapter 98; said system to regularly follow the system defined in 1886, by Ordin- ance 78, section 2, and show the block-numbers on the official map now being prepared. Ord. 195, April 22, 1899, Sec. 2. Numbering 0 , yow of houses or seHes of buildings now erected contrary to ^ sy^'lem or in process of erection, or hereafter to be erected in any part of said annex, shall be numbered, or by figures or letters or names distinguished in any way, differently from or in violation of, the system so prepared. Ord. 195, April 22, 1899, Sec. 3. Penalty. 10 . Any person or persons failing to comply with, or violating any of the provisions of the two next preceding sections of this Article shall be subject to a fine of five dollars ($ 5 ) for each offence; said fines to be recovered as other fines are recovered. Ord. 195, April 22, 1899, Sec. 4. •Correction of 11 . All buildings are to be numbered, and all errors and frre°guiSri? irregularities corrected under the direction of the Inspector of Buildings as provided under Ordinance 59, approved July 10, 1897, codified as section 120 of Article 3, of this Code. ART. 40.] WATER — ORDINANCES . 1175 ARTICLE XL. WATER. ORDINANCES. Water Board. 1. Power to make regulations for protection of pipes and other property of water works ; to fix and enforce penalties for violation of same ; to make and enforce regulations for preservation of purity of water. 2. Records to be kept in office of board ; accounts to be posted showing transactions of board; to report to City Council annu- ally; what report shall show; report of Water Engineer. ■ 3. May require bonds of subordi- nates in its sub-department. Collector of Water Rents and Licenses. 4. Duties of Collector and subord- inates ; to keep records ; pre- pare bills for water furnished ; collection of funds on account of water supply; payment of same to Comptroller. Water Charges and Rates. Bills. 5. When to be due; discount; rates of discount ; no discount after first of September ; bills unpaid by first of October to be collected the same as over- due taxes. 6. Rates, terms, fines, discounts, etc., to be printed on backs of bills. 7. Parties using water for building to notify Collector of comple- tion of such building; penalty. A batenients. 8. When abatements may be made; notice to be given Collector ; abatement where bills paid in advance. Bills in Arrears. 9. Water may be shut off when bills in arrears ; fee for turning on water ; owners of property lia- ble for water rents ; penalty for unauthorized use of water; proviso as to cases of necessity; penalty for tapping pipes. 10. Penalty for making connec- tions with pipes or using water after it is shut off. 11. Officers and employes to report wrongful use of water. 12. Penalty for obstructing Water Engineer or agent of Water Board . Fountains. 13. Water Board may erect same. 14. Fountains to be erected when removal of pumps deprives locality of water: construc- tion of such fountains. 15. Conditions under which foun- tains are to be erected. Hydrants. Fire Hydrants. 16. Use of same in flushing gutters. 1176 WATKR — ORDIN AN CKS . [art. 40. 17. Penalty for injury to, or unau- thorized use of fire plugs. Obstruction of Hydrants, Etc. 18. Penalty for placing barrels or casks or other obstructions too near to hydrants. Yard Hydrants. 19. Wasting water forbidden ; pen- alty for causing injury or in- convenience to public through wasting water. 20. H}'drants discharging waste water into ground not to be erected ; penalty. 21. Principle of hydrant to be ap- proved by Water Board; penalty. Injuring Water Works, 22. Any act resulting in injury to water works prohibited; penalty. Opening Street Surface and Laying Pipes. 23. Power to lay pipes under and along streets ; may dig up, open, etc., streets; to re- pair and restore streets, etc., so opened, 24. Pipes to be laid and repaired without delay ; streets to be immediately restored ; stone, earth, sand, etc,, to be re- moved without delay. 25. Defective pipes to be promptly repaired. 26. What pipes are to be repaired by board ; notice of de- fects ; duty to repair on no- tice; repair of pipes on private premises ; penalty for ob- structing board. Opening and Restoring Pavements. 27. Upon default therein by Water Board, City Engineer to re- pair and repave same after notice to board. 28. No pavements to be removed for introduction of water pipes without permit from board ; replacing same to be under control of City Engineer ; penalty. 29. Duty of board where repaving improperly done by it ; nec- essary repaving at expense of board. 30. Water stops of private pipes in streets to be marked by paver or contractor ; penalty for neglect to so mark stops. 31. Water stops in pavements or footways to be likewise marked ; penalty. Pumps. Injuries to Pumps. 32. What to constitute injury; pen- alty for same. Private Pumps. 33. Persons erecting to comply with instructions of Water Engineer ; use of pumps and wells on highways to be free to public. 34. Private pumps to be cared for by owners of property on which erected ; responsibility to follow property ; proviso as to pumps ceded to city. 35. Penalty for violation of pro- visions of this sub-division. Removal of Pumps. 36. To place signs on condemned pumps; fountains to be placed when such pumps are re- moved. ART. 40 .] WATER BOARD — ORDINANCES. 1177 37. Water Engineer to remove pumps where not needed on written consent of property owners within one square of such pumps. Wells. Abandoned Wells. 38. To be securely covered with stone platforms and repaved. 39. Piece of granite or marble to be placed over site of removed pumps. 40. Penalty for failure to replace such mark or stone when re- pairing pavement. Condemned Wells. 41. Water Engineer to prevent use of water from same ; to place sign stating that water is unfit for use. 42. When Water Engineer shall connect springs with water mains. 43. Recovery of fines and penalties imposed under the provisions of this Article. WATER BOARD. City Code, (1879) Art. 53, Sec. 1. City Code, (1893) Art. 54, Sec. 1. Ord, 26, March 9, 1896. 1 . The Water Board shall have power to make and pass powers in reia- all rules and regulations for the government of the board, eVvationS'^ the laying and tapping of pipes, or for the protection and water works preservation of the said pipes, or other property and ervation of appurtenances of the water works ; and to affix penalties, wa?e?. ° ^ ^ and to enforce the same for any violation of their rules and regulations; it shall also have power to adopt all nec- essary regulations to preserve the purity of the water, and to enact and enforce such rules, regulations and penalties as they may deem necessary, in accordance with the provisions of this Code. City Code, (1879) Art. 53, Sec. 3. City Code, (1893) Art. 54, Sec. 3. 2. The said Water Board shall arrange and keep all the Records, title papers, and copy the same in a book to be kept in the office. The board shall provide suitable books in which the general accounts shall be regularly posted, showing an aggregate of all the transactions of the department; and a statement of said general accounts shall be made at each monthly meeting of the board. And on or before the 1178 WATER — ORDINANCES . [art. 40. twenty-fifth day of January, annually, the board shall present to the City Council a report containing a full Annual report, statement of the condition of the water works, and of the lands and other property connected therewith, with a statement of the general accounts, and of all receipts and expenditures for the preceding year, together with any information or suggestions the Water Board may deem important. And they shall at the same time transmit to the City Council the annual report of the Water Engineer. Ord. 46, April 5, 1880. City Code, (1893) Art. 54, Sec. 5. ^bond'^S^b- 3. The Water Board may require of any and all sub- ordinates employed in its sub-department, such bond for department. faithful performance of their duties, as may in the judgment of said board be proper; such bonds to be approved by the Mayor. COLLECTOR OF WATER RENTS AND LICENSES. City Code, (1879) Art. 53, Sec. 6. City Code, (1893) Art. 54, Sec. 6. Appointment. The Collector of Water Rents and Licenses, with the assistance of his subordinates, shall assess the water-rates on all buildings where the rates are established by law; Duties. and with the assistance of his subordinates, shall keep suitable books, in which shall be entered all transactions of his department, the names of all persons who take the water, the kind of building, the name and number of the street, the number of taps, and the amount charged, the names of the owners of all buildings, with the street and number of the building, and the front feet. He shall in due time prepare bills for rents and other accounts due the city in relation to its water supply and require his collec- tors to deliver said bills and accounts promptly; and he shall supervise all books and accounts kept in his office. All funds received from every source on account of the water supply shall be paid to the Collector of Water Rents and Licenses, and the same shall be paid over daily to the Comptroller. ART 40 .] WATER CHARGES AND RATES— ORDINANCES. 1179 WATER CHARGES AND RATES. Bills. City Code, (1879) Art. 53, Sec. 15. City Code, (1893) Art. 54, Sec, 15. Ord. 4, December 3, 1897. 5. All charges for water rates shall be made for the current calendar year, and shall be due and payable yearly in advance on the first day of January in each and every year; and all bills for water rates charged by the year shall be entitled to such discount, if any, as the Collector of Water Rents and Licenses shall determine; provided, however, that no greater discount shall be allowed than is hereinafter recited, viz: if paid at the office of the Collector of Water Rents and Licenses on or before the first day of March a discount of five per cent. ; if paid on or before the first day of April, four per cent. ; if paid on or before the first day of May, three per cent. ; if paid on or before the first day of July, two per cent. ; if paid on or before the first day of September, one per cent. No dis- count shall be made after the first day of September, and all bills not paid on or before the first day of October shall be placed in the hands of collectors and shall then be collected in the same manner and subject to the same costs as the City Collector is or may be authorized to demand in collecting taxes overdue, or they may be collected as other small debts are collected, before a Justice of the Peace. City Code, (1879) Art. 53, Sec. 23. City Code, (1893) Art. 54, Sec. 24. 6. The Collector of Water Rents and Licenses is hereby ^ . • 1 1 -1 1 1 r. Rates to be authorized and required to have printed on the back of panted on back of bil each bill distributed to the water consumers, the tariff of rates upon which water is served to them, together with the terms, discounts, fines and penalties prescribed in this Article. City Code, (1879) Art. 53, Sec. 18. City Code, (1893) Art, 54, Sec. 18. 7. Parties using water for building purposes shall, within one week after the completion of the building or 1180 WATER — ORDINANCES . [art. 40. Notice to Col- lector of AVater Rents and Licenses of comple- tion of buildings. When abate- ments may be made. Shutting off water. Wrongful use of water. buildings, certify the fact to the Collector of Water Rents and Licenses, under a penalty of ten dollars for failure or neglect to do so. Abatements. Ord. 42, March 31, 1880. City Code, (1893) Art. 54, Sec. 21. 8 . No abatement of charges for water rents shall be made unless the property be reported at the office of the Collector of Water Rents and Licenses as vacant by notice in writing, and the supply has been stopped off for three months; all abatements must be made at the office of the Collector of Water Rents and Licenses, and where parties have paid their bills in advance, the Collector of Water Rents and Licenses may direct the amount of the abate- ment to be returned; but no abatement shall be made unless the applicant shall show that notice of vacancy has been given at the office of the Collector of Water Rents and Licenses as aforesaid. Bills in Arrears. City Code, (1879) Art. 53, Sec. 21. City Code, (1893) Art. 54, Sec. 22. 9 . All bills in arrears may be deemed a sufficient reason for stopping the water until all arrears are paid ; whenever the water is stopped off for non-payment of water-rents, one dollar shall be paid to the Collector of Water Rents and Licenses before the supply is turned on again; the owners of property will in all cases be held responsible for the payment of water rents; all persons using the hydrant water without the knowledge of the Collector of Water Rents and Licenses, and all persons permitting their neighbors not entitled to use the water without a written permit, will be subject to a fine of not less than one dollar nor more than three dollars for each offence; and, in such cases, the Water Engineer shall shut off the water from the premises of all such persons; and no person or persons will be permitted to introduce the hydrant water on his, her or their premises, without the authority of the Water Board, and in case of discovery, ART. 40.] WATER CHARGES AND RATES — ORDINANCES. 1181 the water shall be stopped off ; provided, that nothing in this section contained shall be so construed as to prevent any citizen from furnishing water, in necessitous cases, in quantities not exceeding two gallons. Any person tapping, or causing to be tapped, any pipe belonging to the city, or any private pipe connecting with the city pipe, shall be subject to a fine of twenty dollars. Ord. 43, April 5, 1880. City Code, (1893) Art. 54, Sec. 42. 10. Should any person or persons, occupant or occu- Penalty for pants, of any house or tenement, make connection with any nections or pipe or pipes, belonging to the city, or turn or let on the US ? lus ^ water to his or their premises, knowing the same to be ° turned off by an officer of the Water Board, without the written consent of the Water Engineer; or if any such person or persons, occupant or occupants, shall use the water of the city after the same shall be wrongfully intro- duced, or turned on, as aforesaid, he, she or they shall forfeit and pay a sum of not less than one dollar nor more than twenty dollars. City Code, (1879) Art. 53, Sec. 22. City Code, (1893) Art. 54, Sec. 23. 11. And all the officers and employes of the Water officers and 1/^ employes to Board are hereby directed to report at the office of the Collector of Water Rents and Licenses all cases coming to of water, their knowledge of persons using the hydrant water without authority, as provided in the two next preceding sections. City Code, (1879) Art. 53, Sec. 43. City Code, (1893) Art. 54, Sec. 43. 12. Should any person or persons, occupant or occu- Refusal to per- pants, refuse to permit the Water Engineer or any subor- Eig^elr’^or dinate or agent of the Water Board to visit his, her or their premises, when in the official discharge of his duty, he, she or they shall forfeit and pay a sum of not less than one dollar nor more than ten dollars. 1182 WATER — ORDINANCES . [art. 40. Water Board may erect. Water En- gineer to erect fountains. How to be constructed. Flushing gutters. FOUNTAINS. City Code, (1879) Art. 53, Sec. 46. City Code, (1893) Art. 54, Sec. 46. 13 . The Water Board is authorized and empowered, whenever in their judgment it shall be necessary, to erect or cause to be erected, under the supervision of the Water Engineer, public fountains for the use of human beings and dumb animals, in such localities throughout the cor- porate limits of the city of Baltimore as will best subserve the public interests. Ord. 97, October 28, 1879. City Code, (1893) Art. 23, Sec. 12. 14 . Whenever any pump shall have been removed in pursuance of the provisions of this Article and of sections 127 of Article 14 of this Code title “Health,’^ and the removal thereof shall deprive the residents of the locality of the use of water, it shall be the duty of the Water Engineer to erect, in lieu thereof, and over such well or in such locality as may be selected and deemed convenient to supply the loss of said pump or pumps, a suitable fountain, which shall be connected with the water mains of the city, and shall be so constructed as to have a six inch cast iron return pipe, with a capacity of not less than twenty-five gallons, placed under the surface of the water, in order that the water of said fountain may be rendered cool and palatable during the warm weather. Ord. 97, October 28, 1879. City Code, (1893) Art. 23, Sec. 13. 15 . In order to secure the greatest public utility in the public fountains to be erected in any locality, the Water Engineer shall, whenever it is practicable— that is to say, where there is a well containing water which may be used for the purpose, construct the same in accordance with the provisions of the next preceding section. HYDRANTS. Fire Hydrants. Ord. 19->^, March 28, 1883. City Code, (1893) Art. 23, Sec. 184. 16 . The Mayor, Commissioner of Health and Water Engineer are hereby authorized and directed to have the fire ART. 40.] OBSTRUCTION OF HYDRANTS, KTC. — ORDINANCES. 1183 plugs turned on to flush the gutters in the city, in the months of March, April, May, June, July, August, Sep- tember and October, twice a week, for one hour each day, for benefit of the public health. City Code, (1879) Art. 53, Sec. 37. City Code, (1893) Art. 54, Sec. 37. 17. If any person shall break, injure, deface, carry injury to or away or destroy any of the fire plugs or instruments be- use of fire longing thereto; or if any person or persons not authorized by ordinance, or otherwise, shall open and suffer any fire plug to discharge water therefrom, such person shall, for every such offence, forfeit and pay the sum of twenty dol- lars; provided, that the provisions of this section shall not extend in any case to any person performing the necessary cleaning of apparatus of the Fire Department, or attending to any duties required by the corporation. Obstruction of Hydrants, etc. City Code, (1879) Art. 53, Sec. 65. City Code, (1893) Art. 54, Sec. 65. 18. It shall not be lawful for any person or persons to Penalty, place any hogshead, barrel or cask, for the purpose of fill- ing the same, so near any public pump or hydrant as to be an obstruction to citizens going to and from the same, or by any other method obstruct the free use of the water in any pump or hydrant; but all hogsheads, barrels and casks shall be placed at a distance of at least ten feet from any pump or hydrant, under a penalty of not more than five dollars nor less than one dollar. Yard Hydrants. City Code, (1879) Art. 53, Sec. 36. City Code, (1893) Art. 54, Sec. 36. 19. If any owner or owners, occupier or occupiers any house or tenement, shall let, permit or suffer any hydrant or hydrants attached to such house or tenement, to discharge more water than may be necessary for the use of such owner or occupiers; or if such discharge shall, by the freezing of the water in any street, lane, alley or 1184 WATER — ORDINANCES. [art. 40. yard in this city, or from any other cause, occasion any injury or inconvenience to the public or to individuals, such owner or occupier shall forfeit and pay a sum not exceed- ing ten dollars. City Code, (1879) i\rt. 53, Sec. 34. City Code, (1893) Art. 54, Sec. 34. Hydrants dis- 20. It shall not bo lawful for any person or persons to wiSI witer erect any hydrant which wastes in the earth, or from no?tob*e which the water in the pipe, between the valve and the erected. nozzle, runs back into the ground when the lever is let down, nor any fixture of any kind by which the waste- water from the pipes is discharged below the surface of the pavement; any person or persons who shall violate any of the provisions of this section, upon conviction thereof before any Justice of the Peace of the city, shall forfeit and pay the sum of twenty dollars. City Code, (1879) Art. 53, Sec. 39. City Code, (1893) Art. 54, Sec. 39. ^ wSI?B°oard hydrant shall be used unless the principle of necessary, said hydrant be first approved by the Water Board; and any person violating the requirement, of this section shall forfeit and pay a fine of ten dollars. INJURING WATER WORKS. City Code, (1879) Art. 53, Sec. 38. City Code, (1893) Art. 54, Sec. 38. Penalty for 22. If any porson or persons shall do or cause to be water works, doue any act whatsoever whereby the water works belong- ing to the city of Baltimore, or any pipe, plug, cock or any engine or machine appertaining to the same shall be stopped, obstructed, impaired or injured, the person or persons so offending shall forfeit and pay a sum not ex- ceeding twenty dollars. OPENING STREET SURFACE AND LAYING PIPES. City Code, (1879) Art. 53, Sec. 25. City Code, (1893) Art. 54, Sec. 25. 23. The Water Board shall have full power and author- ity to convey water under and along any of the streets, lanes ART. 40 .] OPENING STREET SURFACE — ORDINANCES. 1185 and alleys of the city of Baltimore, and to lay a pipe or w^ter Board pipes in any of the said streets, lanes and alleys for the pipes under ^ n • 1TM - • ^ A. j and along purpose of conveying and distributing the said water ; and and from time to time to renew and repair the said pipes, and for that purpose to dig, break up and open all or any part of such street, lane or alley, and of the pavement or footways thereof, leaving at all times a sufficient passage- way for carriages, horses and foot passengers, if the same will admit thereof, and restoring forthwith to their former condition all such streets, lanes and alleys, pavements and footways, as shall from time to time and at any time be so dug, opened and taken up, and mending and repairing all injuries to said streets, lanes and alleys, pavements and footways, arising from their so digging, opening and taking up the same as aforesaid. Mayor, etc., Baltimore v. Holmes, 39 Md. 243. City Code, (1879) Art. 53, Sec. 26. City Code, (1893) Art. 54, Sec. 26. 24. Whenever the Water Board or any subordinate of pipes to be laid its sub-department, shall take up any part of the pavement or dig up any part of the streets, lanes or alleys of the city of Baltimore, for the purpose of laying or repairing the pipes for conducting the water through the city, or into the houses or lots of the citizens, they shall proceed without delay to put down or repair the pipes, as the case may be, and immediately thereafter fill in the earth or otherwise secure the place so dug up from becoming a streets to be nuisance or endangering persons riding or driving through the same, and shall also, when the same is repaved, as herein provided, remove without delay the stone, earth, sand or rubbish remaining from the laying or repairing such pipes. City Code, (1879) Art. 53, Sec. 27. City Code, (1893) Art. 54, Sec. 27. 25. As often as any of the said pipes shall prove de- Defective pipes fective, so as to cause the water to flow on the surface ly repaired, of the ground or pavement, it shall be the duty of the said board to have the same immediatejy repaired. 1186 WATER — ORDINANCES . [art. 40 . Further provi- sions as to defective pipes. Water Board to repair same. Penalty. Upon default of Water Board, City Engineer shall repair and repave. City Code, (1879) Art. 53, Sec. 28. City Code, (1893) Art. 54, Sec. 28. 26. The pipes mentioned and referred to in the next preceding section are hereby declared to mean and be any pipes laid by the said board or in connection with the works under their care, under or along any street, lane or alley of the city, whether the same be under or along the space covered, or designed to be covered, with the foot pavement or not, and a notice that any such pipe or pipes are defective or out of repair as aforesaid, by any person whomsoever, left at the office of said board, shall be a sufficient notification ; and it shall be the duty of the said Water Board, whenever they shall be notified that any pipe or pipes laid by them or in connection with the works under their charge, within the limits of any private prop- erty in the said city, are defective, so as to prevent or cause the water to flow upon the surface of the ground or pavement, to make immediate application to the owners or occupants of said property, should the occupant not be the owner thereof, for permission to send their workmen upon the premises to repair the same ; and if any owner or occupant of any property, or agent of such owner, shall, upon such application, refuse permission to said board thus to repair defective pipes as aforesaid, or refusing the said permission, shall not immediately repair the same them- selves, they shall be subject to a penalty of ten dollars for every day after such application until such repair is made and such pipes secured. Opening and Restoring Pavements. City Code, (1879) Art. 53, Sec. 29. City Code, (1893) Art. 54, Sec. 29. 27. In all cases where the said board or any of its agents or workmen shall take up any pavement for any of the purposes aforesaid, and shall not repave the same in a reasonable time, at the discretion of the City Engineer, the City Engineer shall give notice to the said board to have the same immediately repaired; and if the said board shall refuse or neglect to have said repairing done, the City Engineer shall proceed to have said pavement repaired at the expense of said Water Board. ART. 40 .] OPENING AND RESTORING PAVEMENTS— ORDINANCES. 1187 City Code, (1879) Art. 53, Sec. 30. City Code, (1893) Art. 54, Sec. 30. 28 . It shall not be lawful for any person or persons, permits to re- eompany or corporation, to remove any ot the stone or ments neces- brick pavements of the city for the introduction of water- pipes without permission from the Water Board, and the replacing- of said pavement shall be under the superinten- dence of the City Engineer, at the expense of the party removing the same; and any person or persons, company or corporation, who shall violate any of the provisions of this section, shall forfeit and pay a fine of twenty dollars. City Code, (1879) Art. 53, Sec. 31. City Code, (1893) Art. 54, Sec. 31. 29 . In all instances where the pavement of any street, ^ater Board to lane or alley, which may have been heretofore or may hereafter be opened or dug up by said Water Board, has not, in the judgment of the City Engineer, been well and effectually repaved, the said Water Board, being informed thereof in writing by the City Engineer, shall forthwith proceed well and effectually to repave the same, and the expenses thereof shall be chargeable to and paid by the said board. City Code, (1879) Art. 53, Sec. 32. City Code, (1893) Art. 54, Sec. 32. 30 . Whenever it becomes necessary to pave, repave or repair any street, lane or alley in the city of Baltimore, it water stops of shall be the duty of the paver or contractors to distinctly in streets to mark by three bricks on edge, or an iron box, all water-stops ® ® • of private water-pipes leading from the city's main pipes to the property opposite to which the stop may be found. Any person failing to comply with the requirements of this section shall forfeit and pay for each and every neglect the sum of ten dollars. City Code, (1879) Art. 53, Sec. 33. City Code, (1893) Art. 54, Sec. 33. 31 . It shall be the duty of the owners of property, plumbers, bricklayers, or other person or persons, in pav- water-stops ing or repaving the sidewalks, yards or alleys, to distinctly Svtments mark by three bricks on edge, or an iron box, the water-stops ma*Sed. that may be covered by said paving or repaving, under a penalty of ten dollars for each and every neglect to comply with the requirements of this section. 1188 WATER — ORDINANCES . [art. 40. PUMPS. Injuries to Pumps. City Code, (1879; Art. 53, Sec. 57. City Code, (1893) Art. 54, Sec. 57. Injury to 32. If any person or persons shall wilfully break, defile, plugs. remove, deface, or carry away the handle, or ladle, or cover, or obstruct any pump standing in the streets, lanes, or alleys of the city, or otherwise damage or injure the same, every person so offending, or aiding, or assisting in such offence, shall forfeit and pay a sum not exceeding twenty dollars. Private Pumps. City Code, (1879) Art. 53, Sec. 47. City Code, (1893) Art. 54, Sec. 47. Supervision of 33. Whenever permission shall be granted to any per- son or persons to sink a well and erect a pump therein on the highways of the city of Baltimore, the person or persons to whom such permission shall be granted shall comply in full with the instructions given by the Water Engineer, under whose supervision all private wells shall be sunk and private pumps erected. . No permission shall be granted Permits for. to any person or persons to sink a well and erect a pump therein on any of the highways of the city of Baltimore, unless the water thereof shall be subject to the free use of the public. City Code, (1879) Art. 53, Sec. 48. City Code, (1893) Art. 54, Sec. 48. ►wnerstotake 34. All pumps kuown as private pumps, erected by care of them, permissiou of the Mayor and City Council of Baltimore, shall be taken care of by the owner of the property in whose interest the permission to erect the same may be granted, and any change in the ownership of said property shall transfer the obligation to take care of such pumps. Penalty. City Code, (1879) Art. 53, Sec. 49. City Code, (1893) Art. 54, Sec. 49. 35. Any person or persons violating any of the pro- visions of the two next preceding sections shall be liable ART. 40 .] WKLIvS — ABANDONED WEEDS — ORDINANCES. 1189 to a penalty of five dollars, and a further penalty of one dollar for every day the violation shall be permitted to exist. Removal of Pumps. Ord. 97, October 28, 1879. City Code, (1893) Art. 23, Sec. 14. 36. The Water Engineer shall place a sign upon pumps, the water from which is declared unfit for drinking pumps, purposes, but shall not remove the said pumps until he is ready to replace said pumps with suitable drinking fountains ; the provisions of this section to apply to all pumps where the handles have already been removed. City Code, (1879) Art. 53, Sec. 60. City Code, (1893) Art. 54, Sec. 60. 37. The Water Engineer is authorized to remove all water pumps which upon examination may be found to be of no may remove, practical use within the limits of the city; provided, two- thirds of the owners of property and residents within the distance of one square of such pump proposed to be removed, shall first give their written consent to said removal. / WELLS. Abandoned Wells. City Code, (1879) Art. 53, Sec. 61. City Code, (1893) Art. 54, Sec. 61. 38. When the Water Engineer shall remove any pumps, weiis to be he shall have the wells securely covered with stone plat- co?^Sd. forms, not less than two feet below the kerb, filled with dirt and repaved. City Code, (1879) Art. 53, Sec. 62. City Code, (1893) Art. 54, Sec. 62. 39. The Water Engineer is authorized and directed to Granite or have a piece of granite or marble, not less than twelve SSed over^® inches square, placed in the pavement near or about the removed centre of the wells where pumps have been, or may here- after be removed from the public streets, lanes or alleys in the city. 1190 WATER — ORDINANCES . [art. 40. City Code, (1879) Art. 53, Sec. 63. City Code, (1893) Art. 54, Sec. 63* Penaity^for 40 . If any person or persons shall remove said stone or replace such mark f or the purpose of repairing the pavement, or for any other purpose, and refuse or neglect to replace it, said person or persons shall be subject to a fine of five dollars for each and every offence. Condemned Wells. Ord. 97, October 28, 1879. City Code, (1893) Art. 23, Sec. 10. 41 . Whenever the Commissioner of Health shall con- demn the water of any well or wells, spring or springs, as “unfit for drinking and detrimental to health,’^ and shall notify the Water Engineer of the same, then the said Water Engineer shall forthwith place the said well or wells, in such condition as will prevent any water being taken therefrom, or cover the same in the manner pre- scribed by sections 38 and 39 of this Article, and shall put up in a conspicuous place, contiguous to the said spring or springs, a sign-board notifying the public that the water of the same has been condemned as unfit for use and detrimental to health. Ord. 97, October 28, 1879. City Code, (1893) Art. 23, Sec. 11. 42 . The Water Engineer, in the case of any spring the water of which has been condemned as ‘ ‘unfit for drinking shall connect and detrimental to health, and where the city’s title to water mains, gnch property is contingent on its being kept as a public fountain, shall cause such connection to be made with the water mains of the city as shall fulfill said conditions. 43 . All fines and penalties imposed in the preceding Recovery of sections of this Article, for the recovery of which no pro- SeStiel vision is made herein, shall be recovered as other fines and penalties imposed by ordinances of the Mayor and City Council of Baltimore are recoverable; and when collected shall be paid to the Comptroller for the use of the Water Board. Water Engineer to prevent water from being used. When Water Engineer ART. 41 .] WATER RENTS AND LICENSES — ORDINANCES. 1191 ARTICLE XLI. WATER RENTS AND LICENSES. ORDINANCES. Collector of Water Rents and Licenses. 1. To appoint his subordinates; one general bookkeeper ; salary' ; one cashier; salary; one license clerk; salary; one chief clerk; salary; one meter clerk; salary; ten ledger clerks ; salaries ; eight inspectors and bill dis- tributors; salaries. 2. Subordinates to hold office dur- ing the pleasure of Collector ; bond of subordinates ; duties. Licenses. Amusements. 3. Billiard and bagatelle tables ; penalty for unlicensed use ; when to expire ; fee. 4. Bowling saloons and alleys ; license ; fee ; penalty for unli- censed alleys. 5. Applicant for such license must have consent of property own- ers ; proviso as to alleys here- j tofore licensed. j 6. Shuffle boards; license fee; j penalty for unlicensed boards. | 7. Theatrical performances, enter- tainments, exhibitions, etc ; penalty for performances with- out license ; what license shall show ; fees for licenses for j different classes of entertain- ment ; other exhibitions. 8. Proprietors of theatres or mu- seums to obtain licenses be- fore permitting their places to be used ; penalty for perform- ing without permit. 9. Fee for exemption of halls and theatres from license. 10. Flying horses, whirligigs, etc., not to be operated without permit from Mayor ; Collector to issue license after permit secured ; fee ; penalty for use without permit or license. 11. Balls where admission fee is charged ; penalty, for hold- ing same without license. 12. Rates of charge for license for balls. 13. License charge for musical parties ; exception as to same for charitable purposes. 14. Collector may refuse or revoke license when so directed by Mayor. 15. City Solicitor to institute suits for recovery of penalties im- posed hereunder. Bacon, Cheese, Sausage and Cured Meats. 16. Not to be sold without license; license fee ; not to sell under said license in more than one market at same time ; pen- alty ; cheese, salted cod fish or salmon dealers to have license to sell in markets ; license fee ; penalty ; not to apply to farmers selling their produce. 1192 WATKR RENTS AND EICENSKS — ORDINANCES. [aRT. 41. 17. Sale of puddings and sausages; when license to expire ; fee ; penalty ; clerk of markets to enforce provisions in regard to such licenses ; not to ap- ply to licensed butchers, nor to farmers selling produce. Car Licenses. 18. Annual fee for said licenses ; said fee to be paid for each car run . Charcoal. 19. Sales of charcoal ; fee; penalty for unlicensed sales. Dogs. 20. Dogs at large to have collars with metal tag attached bear- ing license number ; tags to be furnished by Collector ; dogs without collar or tag to be seized ; to be killed after forty-eight hours if not re- deemed. 21. All owners of dogs to procure license ; fee ; penalty for keeping dog without license ; requirements for application for license ; when license to operate ; renewal fee ; what license shall show ; Collector to furnish tags to licensees without extra charge ; lost or stolen tags ; when these pro- visions not to apply. 22. Penalty for obstructing en- forcement of provisions of this sub-division or for mis- use of tags. 23 . Redemption fee for dogs seized ; must be redeemed within forty-eight hours. 24. Power of Mayor to contract for destruction of unlicensed dogs ; conditions of contract. 25. Penalty for poisoning dogs by casting poisoned meat in streets. Oil and Fluid Illuminants . 26. Sales of same of less than bar- rel ; license ; fee ; Collector to keep record of such licenses and furnish Assistant Super- intendent of Lamps and Lighting copy of same. 27. Penalty for such sales without license ; disposition of fines so collected. Pawnbrokers. 28. Requirements for issue of li- cense to pawnbrokers ; fee ; each person in the business to pay fee ; term of license ; renewal of same ; when to terminate, 29. License to designate place of business ; in case of removal said Collector to endorse same on license; hours of business. 30. Bond of such licensees. 31. Rights and powers of pawn- brokers under license ; to fur- nish certificate to depositors ; contents of certificate. 32. Sale of pledge; notice of sale ; sale to be public ; pawnbroker may bid at such sale ; record of sale to be kept by pawn- broker ; application of pro- ceeds of sale. 33. Rates of charge ; to keep accounts of transactions ; ac- counts to be open to inspec- tion of such persons as the Mayor and City Council may designate. 34. When suit may be brought on pawnbroker’s bond. ART. 41.] WATER RENTS AND LICENSES— ORDINANCES. 1193 35. City Register to advertise names of licensed pawnbrok- ers ; city officers to inform against violators of provi- sions of this sub-division. 36. To whom license shall not be granted ; Mayor may revoke license. 37. Penalties for violation of pro- visions of this sub-division of this Article. Pole Licenses. (telegraph, telephone and electric light). 38. Owners of poles to file list with said Collector annually ; owner to have name stamped on poles ; what list shall show ; notice to pole owners ; penalty for failure to furnish list. 39. Pole license ; annual fee ; trol- ley poles excepted ; tin num- ber plates to be furnished li- censees ; said Collector to keep record of licenses is- sued ; to furnish certificate of payment of license fee to licensee ; one of said plates to be fastened to each pole. 40. Said Collector to purchase number plates; to furnish plates as provided ; year of issue to be stamped on plates. 41. When owner is required to re- move poles ; to be removed by City Engineer on default of owner. 42. When owners of poles .shall be liable for penalty imposed hereunder ; penalty for such offending owners; collection of penalty. 43. Poles bearing lamps used to light streets excepted from provisions of this sub-division . Privies. 44. Not to be cleaned without li- cense ; penalty ; additional liability for creating nuisance. 45. Application for said license to be made in writing; if quali- fications of applicant satisfac- tory license may be issued ; license fee ; bond of licensee ; revocation of license. Street Venders' Licenses. 46. Sales of fruits, cakes, nuts, etc., by poor persons ; license to be granted with consent of occupiers of house before which sales are to be made ; penalty for sales without license. 47. Sale of oranges, lemons and limes without license forbid- den ; license fee ; penalty for selling without license. 48. Only one license to each indi- vidual ; sales to be made by licensee and not by his agents; seller to keep license about his or her penson ; penalty. 49. Notice to offenders required ; but not for second offence. 50. Fresh fruits and vegetables; un1icen.sed .sale of same for- bidden ; term of license. 51. Fee for license for sales from wagons ; fee for .sales from baskets. 52. Wagon attendants; such at- tendants and basketmen to wear badge ; badge to bear license number. 1194 WATER RENTS AND LICENSES — ORDINANCES. [arT. 41. 53. Penalty for selling without ob- taining license and wagon number; penalty for failure to display badge ; collection of penalties ; to be deposited with Comptroller. Water Rents. 54. For private families and ordi- nary domei tic purposes; when Water Board shall make rates; water in dwellings not to be used for power without spec- ial permit ; contents of per- mit ; charge for such use ; penalty for such use without permit ; charge for water against horse owners; proviso when water meter used in stable. 55. Carriage water charges. 56. Charges for steam boilers ; to be in addition to charges against building where in- stalled. 57. Charges for hydraulic eleva- tors not using return tank system ; Board ma}'^ refuse to supply such elevators. 58. Rates to charitable institutions where over two-thirds of ben- eficiaries are treated free. 59. Same, where between one- third and two-thirds are treated free. 60. Same, where not less than one- third are free. 61. Same, where none are treated free. 62. Rates to chiirches and religious corporations. 63. Schools, academies, etc. 64. Water used under provisions of this sub-division may be measured by meter. 65. Definition of “free care.” 66. Board to fix rates for institu- tions at beginning of year ; rates to be based on state- ments of officials of institu- tions. 67. Tax to be levied for payment for water used by the city, etc. 68. Rates for water used for pur- poses other than those speci- fied ; Board to have full power to fix such rates ; rates to be uniform ; Board may install meters. 69. Water bills to be collected quarterly ; water to be cut off when not paid. 70. Abatement of charges. 71. Board may restrict use of water when necessary ; penalty for flushing pavements, etc., after notice to cease. 72. Rates for water furnished out- side of city limits. 73. Use of water for cellar drainers in private drainers. Vehicles^ Boats and Scows. 74. Revocation of license for sec- ond offence against speed regulations. 75. Whom to issue licenses ; num- bers for carriages. 76. For what vehicles, etc. , licenses and numbers required ; an- nual application for license ; said Collector to record same; carriages, etc. , not to be used until owner has complied with regulations hereunder ; penalty for disregard of regu- lations. ART. 41 .] COTTECTOR OF WATER RENTS— ORDINANCES. 1195 77. Termination of license ; to be good for one additional week after expiration of term. 78. Said Collector to furnish tin number plates to each licensee ; specifications for plates; same to be fastened on carriages, etc.; penalty; plates for private carriages. 79. Licensees may provide number plates ; such plates to be in addition to plates hereinbe- fore provided for; such licensees may retain same number from year to year. 80. License charges; carriage, boat or scow ; hackney coach, etc. , drawn by two horses ; same drawn by one horse ; wagons, etc., drawn by more than three horses; carts, etc.; boats ; package carts ; trans- fer of licenses. 81. Penalty for procuring false entry of carriages, etc., or for altering number, or for affix- ing number without license. 82. Penalty for use of carriages, etc., without license or in other violation of regulations herein provided. 83. Number on carriage, etc., to correspond with number on license ; penalty for variance. 84. Said Collector to annually ad- vertise expiration of licenses and provisions of law in rela- tion to same. Women's Merchandise Licenses. 85. Sales in markets by poor women; license therefor; fee ; licensee to vend own goods ; misuse of license ; revocation of license ; penalty for of- fences hereunder. Fines and Penalties. 86. Recovery of fines and penal- ties imposed for violation of any of the provisions of this Article. COLLECTOR OF WATER RENTS AND LICENSES. Res. 16, March 12, 1900. Ord. 33, December 17, 1903. Ord. 215, March 6, 1905. Ord. 3, June 15, 1905. 1 . The Collector of Water Rents and Licenses is author- Appointment ized to appoint to aid hino in the discharge of his duties, ordhlitJ?’ the following assistants and clerks at the following salaries: One general bookkeeper at a salary of sixteen hundred dollars ($1,600) per annum. One cashier at a salary of sixteen hundred dollars ($1,600) per annum. One license clerk at a salary of twelve hundred dollars ($1,200) per annum. One chief clerk at a salary of fourteen hundred dollars ($1,400) per annum. One meter clerk at a salary of twelve hundred dollars ($1,200) per 1196 WATER RENTS AND EICENSES — ORDINANCES. [aRT. 41. annum. Ten ledger clerks, at a salary of twelve hundred dollars ($1,200) each per annum. Eight inspectors and bill distributors, at a salary of one thousand dollars ($1,000) each per annum. Res. 16, March 12, 1900. Ord. 215, March 6, 1905. Ord. 3, June 15, 1905. 2. The said assistants and clerks shall hold their offiS Sf sub- respective positions during the pleasure of the Collector of ordinates. Water Reuts and Licenses and shall execute such bonds. Bonds. conditioned for the faithful performance of the duties of their respective offices as shall, in the judgment of the Collector of Water Rents and Licenses, be proper, said bonds to be approved by the Mayor; and shall perform such duties as are now performed by those holding the same respective positions by virtue of resolution 16 of the Mayor and City Council of Baltimore, approved March 12, 1900; and shall in addition, perform such other duties as may be prescribed from time to time by the said Collector of Water Rents and Licenses. LICENSES. Amusements. Ord. 31, April 17, 1879. City Code, (1893) Art. 33, Sec. 1. Ord. 23, March 20, 1894. licenses for 3. No billiard or bagatelle table shall be erected, set up, bkgSteiie” kept or in any respect whatever used for the purpose of gain or public entertainment within the city without a license previously obtained from the Collector of Water Rents and Licenses, under the seal of the corporation, under a penalty of twenty dollars for each and every day that such billiard or bagatelle table may have been set up, kept or erected without license; and every license granted as aforesaid shall terminate the first week in January, annually; and for every license for the keeping of a billiard or bagatelle table, granted under this ordi- nance, the person obtaining the same shall pay to the Collector of Water Rents and Licenses for the use of the city the sum of ten dollars for each billiard or bagatelle table. ART. 41.] LICENSES — AMUSEMENTS — ORDINANCES. 1197 City Code, (1879) Art. 33, Sec. 5. City Code, (1893) Art. 33, Sec. 5. 4 . If any person or persons shall erect, set up, keep, maintain or in any respect whatever use for amusement alleys." or entertainment within the city, any bowling saloon, bowling alley, nine or ten pin alley, or any other device or structure, in or upon which one or more pins are set up, for the purpose of casting, throwing, pushing or rolling against such pin or pins, one or more balls, or other missiles, without having obtained a license therefor, for which license there shall be annually paid the sum of fifty dollars. Penalty, such person or persons shall forfeit and pay a penalty of twenty dollars for each and every day he, she or they may so offend. City Code, (1879) Art. 33, Sec. 6. City Code, (1893) Art. 33, Sec. 6. 5 . No license shall be granted to any person or persons conditions applying to open a saloon, alley, or structure, under the license, provisions of the next preceding section, unless said appli- cant or applicants shall obtain the assent in writing of a majority of the property holders in the immediate square where said alley is to be located; provided, that this section shall not apply to any saloon, alley, or structure, which has been heretofore licensed and never discontinued. City Code, (1879) Art. 33, Sec. 9. City Code, (1893) Art. 33, Sec. 9. 6. It shall not be lawful for any person or persons to shuffle board.s. keep a shuffle board in the city, unless he, she or they shall first obtain from the Collector of Water Rents and Licenses a license therefor, and for every such license there shall be paid to the Collector of Water Rents and Licenses the sum of twenty dollars; and if any person or persons shall keep a shuffle board in violation of any of the provisions of this section, he, she or they so offending shall forfeit and pay the sum of one dollar for each and every day. Ord. 95, October 28, 1879. City Code, (1893) Art. 33, Sec. 10. 7 . No person or persons within the limits of the city Theatrical 'per- shall act, exhibit, play or perform any play, farce, inter- lude, show, opera or other theatrical or dramatical per- 1198 WATER RENTS AND EICENSES— ORDINANCES. [aRT. 41. Proprietors of theatres to obtain license. Annual pay- ment by owner or lessee. formance, entertainment or show, or public exhibition for gain, without a license for that purpose had and obtained from the Collector of Water Rents and Licenses under the seal of the city, under a penalty of fifty dollars for each and every offence, which said license shall express for what it is granted, and the time it is to continue; and the following tax or fine shall be imposed and laid upon each license granted as aforesaid, which tax or fine shall be paid, or secured to be paid, to the Collector of Water Rents and Licenses of the city on the granting of such license, as follows, to wit: for circus or feats of horsemanship in a building permanently erected for that purpose, three dollars for each performance; for circus or feats of horsemanship performed under a covering of canvas or any other material temporarily erected for that purpose- fifty dollars for each performance; for rope or wire dancing or puppet shows, fifteen dollars for each week; for exhibition of living animals, five dollars for each day or night of exhibition; for all other public exhibitions for gain, five dollars per week. City Code, (1879) Art. 33, Sec. 11. City Code, (1893) Art. 33, Sec. 11. 8 . It shall be the duty of every proprietor of any theatre or museum, before they permit any person or persons whomsoever to use such theatre or museum for the purpose of acting, playing or performing any play, farce, interlude, opera or other theatrical or dramatic performance, or any scene, selection or portion of any play, farce or drama of any description, for gain, to obtain from the Collector of Water Rents and Licenses the license required by the next preceding section of this Article, either in their own names or in those of the managers of such performance, under a penalty of twenty dollars. City Code,/1879) Art. 33, Sec. 12. City Code, (1893) Art. 33, Sec. 12. 9. The owner or lessee of any hall or theatre, on the payment to the Collector of Water Rents and Licenses of fifty dollars, shall have the occupants of his or their hall or theatre exempted from license for one year. ART. 41 .] LICENSES — AMUSEMENTS — ORDINANCES. 1199 Ord. 47, April 28, 1888. aty Code, (1893) Art. 23, Sec. 73. 10 . It shall not be lawful for any person or persons to Fiymg_ horses, have on his, her or their premises, and let, hire or use for andgmiiy public amusement, any flying horse or horses, or whirligig, or other similar machinery or device for public amusement by whatsoever name it may be called, unless permission for the same shall have been previously obtained from the Mayor; and whenever the Mayor shall have granted such permission, upon application and the payment to him of an annual license fee of ten dollars, it shall be the duty of the Collector of Water Rents and Licenses to issue a license to the person or persons obtaining such permission and making such application; and any person or persons offending against any of the provisions of this section shall forfeit and pay for each offence a sum not to exceed twenty dollars. City Code, (1879) Art. 33, Sec. 13. City Code, (1893) Art. 33, Sec. 13. 11. It shall not be lawful for any person or persons to hold a ball where an admission fee is charged, without first obtaining from the Collector of Water Rents and Licenses of the city, a license or permit so to do, under a penalty of not less than ten nor more than twenty dollars. City Code, (1879) Art. 33, Sec. 14. City Code, (1893) Art. 33, Sec. 14. 12. A tax or license for all balls shall be levied follows: the tax or license for all balls shall be one dollar ScSIlfo? per day or night, when the admission fee does not exceed twenty-five cents; three dollars per day or night when it exceeds twenty-five cents, but is not over fifty cents; five dollars per day or night, when it exceeds fifty cents, but is not over one dollar, and ten dollars per day or night when it exceeds one dollar, and on all fancy, masked, or rag balls, a tax of ten dollars per day or night when an admission fee is charged. 1200 WATER RENTS AND LICENSES— ORDINANCES. [arT. 41. City Code, (1879) Art. 33, Sec. 15. City Code, (1893) Art, 33, Sec, 15. Tax for musi- 13 . The tax OF license for musical parties shall be one ca pa les. night, when the admission fee does not exceed twenty-five cents, and three dollars per night when it exceeds twenty-five cents, but not over fifty cents, and five dollars per night, when it exceeds fifty cents. But the Mayor is authorized to grant, free of expense, all applica- tions for license for concerts or performances of any kind, where the proceeds are intended for charitable purposes. City Code, (1879) Art. 33, Sec. 17. City Code, (1893) Art. 33, Sec. 17. 14 . Upon the approval of the Mayor, the Collector of ^fuse^ii?ense^ Water Rents and Licenses shall have full power and author- ity to refuse to grant licenses under the provisions of this Article, and also when directed by the Mayor, shall have full power and authority to revoke any license granted by virtue of this Article. City Code, (1879) Art. 33, Sec. 18. City Code, (1893) Art. 33, Sec. 18. to iSuut^ 15 . Whenever the City Solicitor shall be notified of any violation of any of the provisions of this Article, it shall be his duty immediately to institute legal proceedings against the offender or offenders, to recover from him, her, or them, the penalty or penalties herein prescribed in this Article. Bacon, Cheese, Sausage and Cured Meats. City Code, (1879) Art. 35, Sec. 34. City Code, (1893) Art. 35, Sec. 41. Sales of cheese 16 . It shall not be lawful for any person to sell or offer meSf^ for sale from any cart, wagon or other vehicle, within the limits of any market within the city, any cheese, or salted or cured meat, without having obtained from the Collector of Water Rents and Licenses, who is hereby authorized to grant the same, a license, for which dealers in salted or cured meat shall pay fifty dollars to sell in the several markets of the city; provided, that said license shall not confer the right to sell in any more than one market at the same time, nor out of more than one cart, under a penalty ART. 41.] CAR LICENSES — ORDINANCES. 1201 of ten dollars for each and every offence; and dealers in cheese or salted codfish or salmon, or any cut or broken pieces thereof, to pay ten dollars for a license to sell in the market therein named; and any person or persons selling or causing to be sold any cheese within the limits of any market whatever in the city, without having first obtained a license so to do, shall forfeit and pay the sum of three dollars for each and every such offence, and provided proviso, further, that nothing contained in this section shall be construed as applying to farmers selling the produce of their farms. City Code, (1879) Art. 35, Sec. 35. City Code, (1893) Art. 35, Sec. 42. 17 . It shall not be lawful for any person to sell or off er for sale, within the limits of any of the markets in the city, puddings, any puddings or sausages, without having first obtained from the Collector of Water Rents and Licenses a license, to expire on the first day of January in every year; for which the Collector of Water Rents and Licenses shall receive the sum of five dollars for each and every market; and every person offending against the provisions of this section, shall forfeit and pay a penalty of five dollars for each market day he or she may attend; and it shall be the duty of the clerks of the markets at the several m*arkets of the city, to see that the provisions of this section are com- plied with and enforced; provided, that the provisions of this section shall not apply to butchers selling under a license in the inside of the market house; and provided, also, that the same shall not apply to farmers selling such articles, the produce of their farms. Car Licenses. City Code, (1879) Art. 40, Sec. 31. City Code, (1893) Art. 41, Sec. 32. 18 . The sum of five dollars shall be paid annually upon $5.00 per car each car running regularly on the street passenger railways anSSaify^ of the city of Baltimore, as license money therefor, to the Collector of Water Rents and Licenses. 1202 WATER RENTS AND LICENSES — ORDINANCES. [aRT. 41. Charcoal. City Code, (1879) Art. 28, Sec. 47. City Code, (1893) Art. 28, Sec. 59. Lice^nseto 19 . Any persoR may retail charcoal out of any wagon, cart or other carriage, in any of the streets, lanes or alleys of the city, by applying to the Collector of Water rents and Licenses for a license to that effect, for which the person so applying shall pay two dollars ; and if any per- son shall sell or offer for sale charcoal, by retail, without first obtaining such license, he shall forfeit and pay for every such offence two dollars. Dogs. City Code, (1879) Art. 33, Sec. 19. City Code, (1893) Art. 33, Sec. 19. Ord. 96, June 15, 1898.* Dogs to have 20 . No animal of the dog kind shall be permitted to run cJnJecTnum- at large within the limits of the city of Baltimore unless her attached. animal shall have a collar about its neck, to which shall be attached a metal tag containing a licensed number, said tag to be regularly furnished by the Collector of Water Rents and Licenses, who is hereby required to have the same prepared. Every such animal found running at large within the limits of said city without such collar and tag attached shall be seized, and after having been kept for forty-eight hours without redemption, may be killed in a a speedy and least painful manner, t City Code, (1879) Art. 33, Sec. 20. City Code, (1893) Art. 33, Sec. 20. Ord. 96, June 15, 1898. 21 . Every person owning or harboring a dog or dogs within the corporate limits of the city of Baltimore shall procure a license and pay to the Collector of Water Rents *NoTE. — Ord. 96, June 15, 1898, held to have been validly passed and constitutional. The contract with the Society for the Prevention of Cruelty to Animals creates the relation of agency between the city and said society, the city remaining responsible for the acts of said society. Hock z>. M. & C. C. of Balto., Daily Record, March 28, 1890. tNoTE. — As to right of State to prohibit dogs running at large, under its police powers, see, Hagerstown v. Witmer, 86 Md. 293. ART. 41 .] CAR LICENSES— ORDINANCES. 1203 and Licenses the sum of two dollars ($2) by way of license fee or tax for every animal of the dog kind so owned or harbored by him or her, and every such person who shall own or harbor any such animal without paying such fee or tax and obtaining such license shall forfeit and pay a fine of not less than five dollars ($5) nor more than penalty, ten dollars ($10) . In applying for such license the applicant shall state in writing the sex, breed and color of the dog for which the license is to be procured. Licenses granted under the provisions of this section shall date from the first day of January in each year and must be renewed prior to the expiration of the term, the charge for each and every renewal to be the sum of one dollar. Each certificate of Renewal $i.oo. license or renewal shall state the name and address of the owner of the dog, the sex, breed and color of the dog, and also the number of such license or renewal; provided, every person who may have procured a license for the current year under existing ordinances shall be entitled to a license as provided for in this section without further charge or expense. At the time of issuing such license or renewal the Collector of Water Rents and Licenses shall furnish to the applicant, without extra charge, a metal tag, to be prepared by him as hereinbefore directed. Tags lost or stolen may be replaced upon application to the Collector of Tags lost or Water Rents and Licenses and the payment to him of placed for 25 twenty-five cents for each additional tag. The provisions of this section shall not apply to dogs owned by non- residents remaining temporarily in or passing through the city nor to dogs brought into the city and entered for exhibition at any dog show ; provided, said dogs are led by a chain, rope, leash or similar contrivance, or confined in a box or basket, nor dogs under three (3) months of age. City Code, (1879) Art. 33, Sec. 21. City Code, (1893) Art. 33, Sec. 21. Ord. 96, June 15, 1898. 22. Any person or persons who shall hinder, molest or penalty for ob- interfere with any one duly authorized or empowered to forcement®'"' perform any duty under the two next preceding sections 1204 WATER RENTS AND EICENSES — ORDINANCES. [arT. 41. of this Article or shall use a licensed tag on a dog for which it was not issued, or remove such licensed tag from the collar of a dog without the consent of the owner shall be liable to a fine of ten dollars ($10) . City Code, (1879) Art. 33, Sec. 22. City Code, (1893) Art. 33, Sec. 22. Ord. 96, June 15, 1898. wnertore- porson claiming a dog seized under the pro- sion musf visions of section 20 of this Article and proving ownership of 50 thereof shall be entitled to resume possession of the same on payment of the sum of fifty (50) cents ; provided, how- ever, such claim shall be made before the expiration of the forty-eight hours as provided in section 20 of this Article. City Code, (1879) Art. 33, Sec. 23. City Code, (1893) Art. 33, Sec. 23. Ord. 96, June 15, 1898. 24 . The Mayor is authorized and empowered, to con- for the’ tract for and on behalf of the Mayor and City Council of of 111 Baltimore pursuant to the provisions of sections 14 and 15 of the City Charter, for the seizure and destruction of such unlicensed animals of the dog kind as shall from time to time be found running at large within the limits of the city of Baltimore ; provided, however, that such contract shall not be for a longer period than three years unless re- newed, nor for a greater contract price annually than the sum of two thousand dollars ($2,000), and the net amount of money received by the Collector of Water Rents and Licenses for license fees and fines remaining after payment of the expenses incurred by him in carrying out his duties under sections 20, 21 and 22 of this Article ; provided, roviso. however, that any excess of money paid the Collector of Water Rents and Licenses under sections 21 and 22 of this Article after paying the expenses incurred by such con- tractor, shall revert to the city treasury. City Code, (1879) Art. 33, Sec. 25. City Code, (1893) Art. 33, Sec. 25. Ord. 96, June 15, 1898. 25 . No poisoned meat or any poisonous substance shall be cast into any of the streets, lanes or alleys or public ART. 41 .] OIT AND FDUID ILLUMINANTS — ORDINANCES. 1205 places of the city for the purpose of destroying dogs or other Penalty for animals ; and any person or persons violating the provisions dogs by cast of this section shall on conviction be subject to a fine of meat in ten dollars ($10). Oil and Fluid Eluminants. Ord. 35, April 1, 1881. City Code, (1893) Art. 28, Sec. 25. 26. It shall not be lawful for any person or persons, or firm, or corporation, to barter, give, sell or offer for sale, in the city of Baltimore, in quantities less than a barrel, any oil or fluids made from petroleum or its pro- ducts, and used for illuminating purposes, without having first obtained for that purpose a license from the Collector of Water Rents and Licenses ; and it shall be the duty of the Collector of Water Rents and Licenses to issue such licenses annually and to charge the sum of one dollar for each of such licenses ; and also, to keep a record of the name and place of business of each and all persons who may take out a license under the provisions of this section ; and also, to furnish to the Assistant Superintendent of Lamps and Lighting a correct copy of such record. Ord. 35, April 1, 1881. City Code, (1893) Art. 28, Sec. 26. 27. Any person or persons or firm, who shall barter, give, sell or offer for sale, in the city of Baltimore, in quantities less than a barrel, any oil or fluids made from petroleum or its products, and used for illuminating pur- poses, without having first complied with the provisions of the next preceding section of this Article by having first obtained a license, shall forfeit and pay a fine of fifty dollars for each and every offence, to be collected and paid to the Comptroller. Pawnbrokers. City Code, (1879) Art. 33, Sec. 29. City Code, (1893) Art. 33, Sec. 36. 28. The Collector of Water Rents and Licenses is authorized to grant licenses, under the corporate seal, to 1206 WATER RENTS AND LICENSES— ORDINANCES. [aRT. 41. Pawnbroker’s licenses. Term of and fee. License neces- sary. Place and hours of bus- iness. Bond from licensee. such person or persons as shall produce to him satisfactory- evidence of his, her or their good character, to exercise or carry on the trade or business of pawnbrokers, which license shall designate the house in which such person or persons shall respectively be licensed to carry on the said trade or business; and each person receiving the said license shall pay therefor the sum of two hundred dollars, and the license granted, as aforesaid, shall continue for the term of one year, and may be renewed on application to the Collector of Water Rents and Licenses each and every year on payment of the same sum; all licenses granted as aforesaid, to terminate the first week in January of each year. Ord. 37, April 7, 1890. City Code, (1893) Art. 33, Sec. 37. 29 . No person shall use, exercise or carry on the trade or business of pawnbroker in this city, without having such license as aforesaid, nor in any other house than the one designated in said license, unless in case of removal; the Collector of Water Rents and Licenses shall endorse on said license the house to which the party shall have removed, and no house wherein said trade or business is carried on shall be opened at an earlier hour than seven 0 ^ clock in the morning, nor shall it be kept open later than seven o’clock in the evening, except between the 15th day of December and the 31st day of December (inclusive), when it may be kept open until thirty minutes after eleven o’clock P. M., and also, except upon Saturdays and on the evenings preceding legal holidays, when it may be kept open until eleven o’clock P. M. City Code, (1879) Art. 33, Sec. 31. City Code, (1893) Art. 33, Sec. 38. 30 . Every person so licensed as aforesaid shall, at the time of receiving such license, enter into an obligation to the Mayor and City Council of Baltimore, with good and sufficient sureties, to be approved by the Mayor and the presidents of both branches of the City Council, or a ART. 41.] PAWNBROKERS — ORDINANCES . 1207 majority of them, in the penal sum of five hundred dollars, conditioned for the faithful observance of the provisions of this Article and such other ordinances as may be passed on this subject. City Code, (1879) Art. 33, Sec. 32. City Code, (1893) Art. 33, Sec. 39. 31. Each and every pawnbroker licensed as aforesaid Transactions shall be capable of receiving from any person or persons, tificates to (except a minor or apprentice, knowing or having reason to believe him to be such, ) bodies corporate, or politic, any deposit of merchandise of every description, as collateral security for such amounts thereon to be advanced by them, as they may deem proper and judicious, and to hold and retain the same during such time as may be agreed on between the party or parties depositing the same and the said pawnbrokers, and to charge for such advances, inter- est at the established legal rate, and an additional charge as hereinafter specified, appropriate to the nature of the deposit, and the proper storage, removal and care of the same, and shall give to the party or parties so depositing, a certificate specifying the sum advanced, the date of deposit, the article or articles deposited, the amount of charge, the time for which such deposits shall be kept, as well as the name of the depositor, and his, her or their place of business, and if none, of abode. City Code, (1879) Art. 33, Sec. 33. City Code, (1893) Art. 33, Sec. 40. 32. The article so deposited may, and if so agreed, shall sale of pledge, be held by said pawnbroker six months, to be computed from the date of certificate as aforesaid, and if not then redeemed, or by contract the certificate thereof be renewed, it shall and may be lawful for the said pawnbroker then to proceed to have such deposit sold, on first giving ten days' notice in a newspaper published in said city, of the time, place and mode of sale for cash and at public sale, which shall be affected by an agent by said pawnbroker to be designated; whereat it shall and may be lawful for the pawnbroker, when by him deemed essential for self-protec- tion, to be a competitor, and upon such sale being made, 1208 WATER RENTS AND LICENSES — ORDINANCES. [arT. 41. an account thereof, sworn to by the agent effecting the same as in all respects fair and bona fide, shall be rendered to and kept by said pawnbroker, and a copy thereof shall be delivered on reasonable demand to the depositor of the matter so sold, whereof the proceeds shall be applied; first, to the payment of all expenses usual and incident to such sale, inclusive of any tax that thereon may be chargeable legally; secondly, to the legal interest and charges hereby authorized on advance and deposit as aforesaid and as herein specified; thirdly, to reimbursing to the pawnbroker the principal advanced, any deficiency wherein shall be a valid claim against such depositor; and any surplus shall be payable and paid to said depositor, or the party thereto legally entitled, if demanded at any time within twelve months from the day of such sale. City Code, (1879) Art. 33, Sec. 34. City Code, (1893) Art. 33, Sec. 41. Rates of 33 . It shall be lawful for the said pawnbroker, in view charge. reason of the necessity of extensive storage, labor incident thereto, porterage, insurance and other expenses inseparable from the nature of the business hereby author- ized, as affording a desirable and advantageous facility to the commercial and other classes of society, to charge therefor in addition to interest, at a reasonable rate, in no case to exceed two cents on the dollar each month, to be computed on the principal advanced as aforesaid, and shall cause to be kept in suitable books therefor, to be provided by said pawnbroker, an accurate account of each transac- tion authorized by this sub-division of this Article, and all the business and affairs of said pawnbroker shall be subject at all times to inspection of such agent or officers of Baltimore city, or of such committee as for that purpose may be designated by the Mayor and City Council of Baltimore. City Code, (1879) Art. 33, Sec. 35. City Code, (1893) Art. 33, Sec. 42. Suits against 34 . If any person or persons shall sustain any injury Sn or damage from any act or default of a pawnbroker, con- trary to the tenor of his obligation as aforesaid, such per- ART. 41.] PAWNBROKERS — ORDINANCES . 1209 son or persons may institute an action in any court having jurisdiction, for his, her or their use, or benefit, in the name of the Mayor and City Council of Baltimore, upon the obligation given as aforesaid, in which action he, she or they shall recover judgment for the amount of the damages so sustained. City Code, (1879) Art. 33, Sec. 36. City Code, (1893) Art. 33, Sec. 43. 35. It shall be the duty of the City Register to ad ver- Advertisement tise, quarter yearly, in one or more of the public papers, the names of the several persons within the city who have been duly licensed as pawnbrokers ; and it shall be the duty of the officers of the city to inform against all persons offending against any of the provisions of this subdivision of this Article. City Code, (1879) Art. 33, Sec. 37. City Code, (1893) Art. 33, Sec. 44. 36. No license as a pawnbroker shall be granted to any to whom person who has an ordinary license, or license for the retail- not be ing of spirituous liquors ; and any license to any pawnbroker, granted as aforesaid may be revoked or annulled by the Mayor, if there should appear to him sufficient cause for so doing. City Code, (1879) Art. 33, Sec. 38. City Code, (1893) Art. 33, Sec. 45. 37. Any person offending against any of the provisions of this subdivision of this Article shall forfeit a sum not exceeding fifty dollars for each and every offence ; and any person who shall receive any pledge on which he shall advance money and take a receipt for a larger sum than he actually advances, shall forfeit a sum not less than two hundred nor more than three hundred dollars for each and every offence ; all fines and penalties imposed by this sub- division of this Article are to be collected as other fines and penalties are collected. 1210 WATER RENTS AND EICENSES— ORDINANCES. [aRT. 41. Pole Licenses. (^Telegraph ^ Telephone and Electric Lighf). Ord. 86, April 20, 1893. City Code, (1893) Art. 50, Sec. 74. Ord. 31, March 27, 1894, Secs. 1, 2 and 3. Owners of tele- 38. All persons and corporations having, using or main- Sone’, SI?- taining, or hereafter using or maintaining, any telegraph, Other such telephone, electric light or other poles, in any of the list with streets, lanes or alleys of the city of Baltimore, shall, wS Renats annually, between the fifteenth day of December and the and Licenses, day of January, in each and every year, file with the Collector of Water Rents and Licenses a list of all such poles so used, possessed or maintained by them, giving the accurate locations of each of such poles, and shall also have stamped, painted or printed, in legible characters, their name as owner upon each of such poles ; said list giving the license number of each and every pole (wherever such license shall have been issued) and if in front of a store What the list or dwelling, giving the number of the same, and the names ot corners ot intersecting streets on which any poles are, or may hereafter be located ; and the Collector of Water Rents and Licenses is authorized and directed to notify in writing the various telegraph, telephone and electric com- panies in the city of Baltimore that a complete list of the poles as aforesaid must be sent to the Collector of Water Rents and Licenses within three (3) months from the date of such notification ; any telegraph, telephone or electric company now doing business, or hereafter doing business in the city of Baltimore which shall fail to furnish said list of poles, shall be subject to a penalty of not less than ten dollars ($10) and one dollar ($1) per day for every day they shall fail to comply therewith after said written notice shall have been given as aforesaid. Ord. 86, April 20, 1893. City Code, (1893) Art. 50, Sec. 75. Annual fee of 39. Annually in the first week of January all persons therefSr.^'^^'^ or corporations shall pay to the Collector of Water Rents and Licenses a fee of two dollars for each and every tele- graph, telephone, electric light or other pole used, possessed or maintained by them in any of the streets, lanes or alleys ART. 41 .] POLE LICENSES — ORDINANCES. 1211 of the city of Baltimore, except trolley poles, used exclu- sively for stringing thereon wires for use in the propulsion, by electricity, of street passenger cars. Upon receiving the above fee, the Collector of Water Rents and Licenses shall deliver to the person or corporation paying the same a tin plate, with a plain and conspicuous num^ber thereon, to be provided in the manner prescribed in the next sue- owners, ceeding section of this Article, for each and every pole upon which the said license fee is paid, and shall also enter in a book, to be kept for that purpose, the name of the person or corporation to whom the license is issued, and the number of poles for which it is issued, and the number of the tin plates delivered to the person paying such license fee ; he shall also deliver to such person or corporation a certificate, under his own hand and the seal of the city, that such person or corporation has paid the required license fee license fee. for that year, on the specified number of poles, and has received the tin plates of the given numbers therefor ; such person or corporation shall then have one of such tin plates securely fastened in some conspicuous place upon each of the poles used, possessed or maintained by it or him. Postal Tel. Cable Co. v. Baltimore, 79 Md. 508. Ord. 86, April 20, 1893, City Code, (1893) Art. 50, Sec. 76. 40 . It shall be the duty of the Collector of Water Rents collector of and Licenses annually on or before the first day of January ^J^LicenS to purchase a sufficient number of tin plates, numbered with plain conspicuous figures, beginning with number one, and so on progressively, to be furnished as prescribed in the next preceding section of this Article to the persons or corporations using, possessing or maintaining telegraph, telephone, electric light or other poles other than trolley poles used exclusively for stringing wires thereon for use in the propulsion, by electricity, of street passenger cars ; the Collector of Water Rents and Licenses shall cause to be stamped on each of such tin plates, with a proper die, the year in which they are issued ; the said plates to be of thereof suitable size and description, in the discretion of the Col- lector of Water Rents and Licenses, and to be paid for out of the appropriation for general licenses. 1212 WATKR RENTS AND RICKNSES — ORDINANCES. [arT. 41. Removal of poles not listed. Default. Penalty for violating foregoing provisions. Ord. 86, April 20, 1893. City Code, (1893) Art. 50, Sec. 77. 41 . All telegraph, telephone, electric light and other poles in any of the streets, lanes and alleys of the city of Baltimore, (except trolley poles used exclusively for string- ing thereon wires for use in the propulsion of street passenger cars, ) which have not been included in any list filed in accordance with the provisions of section 38 of this Article, with the Collector of Water Rents and Licenses or upon which the name of the owner is not legibly painted, printed or stamped, or upon which the above mentioned license fee has not been paid, or on which the above pre- scribed tin plate is not securely fastened in some conspicuous place, during or before the first week in January in any year, shall be forthwith removed by its owner, and in default thereof may be cut or taken down by the City Engineer and removed from the streets by him in addition to the said owner incurring the penalties provided in the next succeeding section. Ord. 86, April 20. 1893. City Code, (1893) Art. 50, Sec. 78. 42 . Any person or persons, or corporation using, possessing or maintaining any telegraph, telephone, elec- tric light or other poles in any of the streets, lanes and alleys of the city of Baltimore, who or which shall fail to file with the Collector of Water Rents and Licenses, a list of said poles between the fifteenth day of December and the first day of January, annually, as prescribed in section 38 of this Article, or who shall fail to have stamped, printed or painted in legible characters, his, or its name as owner upon each of such poles, as prescribed in said section 38 by the first week in January of each and every year, or if belonging to the classes required to pay a fee of two dollars on each pole by section 39, shall fail to pay the said fee or shall fail to have the tin plate therein prescribed securely fastened in some conspicuous place by the first week in January of each and every year, upon all such telegraph, telephone, electric light or other poles so used, possessed or maintained by him, them or it, shall forfeit and pay a fine of ten dollars for each pole upon which he, ART. 41.] PRIVIES — ORDINANCES . 1213 they or it are so in default; such fine to be collected as other fines and penalties for the violation of city ordi- nances are collected. Ord. 89, May 18, 1894. 43 . Nothing contained in sections 38 to 42 inclusive of Certain poles this Article shall be deemed or held to apply to any pole bearing a public lamp or lamp used to light any street, lane or alley, or other public place in the city. Privies. City Code, (1879) Art. 23, Sec. 75. City Code, (1893) Art. 23, Sec. 95. 44 . No person shall remove the contents of any privy, well or sink, within the limits of the city, without having first obtained a license from the Collector of Water Rents License to and Licenses so to do ; and every person offending against any of the provisions of this section shall for every such offence forfeit and pay the sum of twenty-five dollars, and also be liable to the penalty for creating or maintaining a nuisance. City Code, (1879) Art. 23, Sec. 76. City Code, (1893) Art. 23, Sec. 96. 45 . Every person desirous of being licensed to empty or remove the contents of privy wells and sinks, shall make application in writing to the Collector of Water Rents and Licenses, who, after conference with the Commissioner Application to of Health, on being satisfied with the character of the wite?Ren^^^ applicant, and the security and tightness of his cart or f(5!Aic?ns"es®^’ carts, and that he is the owner of such horses and cart or carts as represented in his application, and that he is not in collusion or combination with others to defraud the corporation, may grant him a license for one year, and renew the same from time to time; and for such license so granted and for each renewal of the same he shall pay therefor to the Collector of Water Rents and Licenses the sum of two and a half dollars for each and every cart; and every person so licensed shall give bond to the City, with security to be approved by the Collector of Water Rents 1214 WATER RENTS AND EICENSES — ORDINANCES. [arT. 41. Bond. Licenses, in the penal sum of five hundred dollars, conditioned for the faithful performance of all the duties enjoined by this and the next preceding sections of this Article, and the Collector of Water Rents and Licenses upon complaint of the Commissioner of Health may revoke or suspend any such license. Street Venders^ Licenses, City Code, (1879) Art. 33, Sec. 39. City Code, (1893) Art. 33, Sec. 46. license topoor The Collector of Water Rents and Licenses is SifrSits? hereby authorized and empowered to grant licenses to as |akes nuts, jy^^ny poor persons as to him may appear proper, to permit them to keep tables or baskets on the footways across the gutters of the streets of the city, with the consent of the occupiers of the houses before which such tables or baskets may be placed, for the purpose of exposing for sale, fruits, cakes, nuts, and other articles that it has heretofore been customary for persons of that description to sell; and any person keeping such table without license shall forfeit and pay one dollar for every day the table may be so kept. City Code, (1879) Art. 33, Sec. 40. City Code, (1893) Art. 33, Sec. 47. 47. It shall not be lawful for any person or persons to Oranges, soll or offor for Sale in any of the streets, lanes, alleys or highways of the city, any oranges, lemons or limes, with- out having previously obtained from the Collector of Water Rents and Licenses of the city a license, for which each person shall pay annually the sum of two dollars, and every offender against the provisions of this section shall forfeit and pay a sum not exceeding two dollars for each and every offence. City Code, (1879) Art. 33, Sec. 41. City Code, (1893) Art. 33, Sec. 48. 48. No license granted under the next preceding sec- ^iSns?toseii. tion shall authorize the sale of oranges, lemons or limes by more than one individual; and all sales under such license shall be made by the person named therein, and not by ART. 41 .] STREET VENDERS’ LICENSES — ORDINANCES. 1215 any agent or other person, and no person so licensed shall sell or offer for sale any fruit without having his or her license about his or her person, and every offender against any of the provisions of this section shall forfeit and pay the sum of ten dollars. City Code, (1879) Art. 33, Sec. 42. City Code, (1893) Art. 33, Sec. 49. 49 . But the person or persons aforesaid shall not be Notice to liable for the fines and penalties imposed by the two next preceding sections, unless a notice has been given to the person or persons so offending, and the necessary time has been allowed for a compliance with the requirements of said sections; provided, however, that the provisions of this section shall not be applicable to anyone who may commit the same offense a second time, or fail to comply with the requirements after the said notice has been given, or where the offence was knowingly or wilfully committed. Ord. 45, April 15, 1890. City Code, (1893) Art. 33, Sec. 51. 50 . It shall not be lawful for any person or persons, or Fresh fruits firm, to sell or offer for sale in the streets and highways vegetables, of Baltimore city, any fresh fruits, vegetables or other perishable articles, without having first obtained from the Collector of Water Rents and Licenses of Baltimore city, who is hereby authorized to grant the same, a license, which said license is to expire on the first day of January in each and every year. Ord. 45, April 15, 1890. City Code, (1893) Art. 33, Sec. 52. 51. A license of twenty-five dollars is required for any Amount of person or persons, or firm, to sell fresh fruits, vegetables sSsYrom or other perishable articles from any wagon within the limits of the city of Baltimore, and a license of fifteen dol- lars is required from any person or persons selling said articles in said city, from any basket. Salfner v. State, 84 Md. 299. 1216 Attendants upon each wagon. Penalty. For private families { ordinary domestic purposes. WATKR RENTS AND LICENSES — ORDINANCES. [arT. 41. Ord. 45, April 15, 1890. City Code, (1893) Art. 33, Sec. 53. 52 . Each wagon shall be attended by not more than two men, and such persons and each basketman shall wear a badge conspicuously displayed, to be supplied by the Collector of Water Rents and Licenses and to be numbered in conformity with the number of the license and wagon under which they and each of them are selling. Ord. 45, April 15, 1890. City Code, (1893) Art. 33, Sec. 54. 53 . Any person or persons selling or offering for sale the articles named in section 51 of this Article, without first having obtained the license and wagon number, as provided for in said section 51, shall forfeit and pay a fine of twenty dollars for each and every offence; and any person or persons neglecting to conspicuously display the badge, as provided in section 52 hereof, shall forfeit and pay a fine of one dollar for each and every offence, and the fines and moneys received from the licenses named in said section 51 are to be deposited with the Comptroller to the credit of the city of Baltimore. Water Rents. * City Code, (1879) Art. 53, Sec. 16. Ord. 90, October 10, 1883. City Code, (1893) Art. 54, Sec. 16. Ord. 135, May 13, 1901. Ord. 130, March 19, 1903. Ord. 125, July 5, 1904. 54 . The following shall be the annual rates or charges for the use of water by private families for ordinary domestic purposes in the city of Baltimore: For the use of water for such purposes in a dwelling house which exceeds forty feet front, twenty-five dollars ($25) ; for the use of water for such purposes in a dwelling house over thirty-five feet front and not over forty feet front, twenty- three dollars ($23) ; for the use of water for such purposes *NoTK. — Ord. 125, July 5, 1904, repealed and re-ordained section 16, Art. 54, City Code, 1893, as said section was repealed and re-ordained by Ord. 135, May 13, 1901. This ordinance was inserted in this Article in order to group together the ordinances relating to licenses and water rents. ART. 41 .] WATER RENTS — ORDINANCES. 1217 in a dwelling house over thirty feet front and not over thirty-five feet front, twenty-one dollars ($21); for the use of water for such purposes in a dwelling house over twenty-five feet front and not over thirty feet front, nine- teen dollars ($19) ; for the use of water for such purposes in a dwelling house over twenty-two feet front and not over twenty-five feet front, seventeen dollars ($17) ; for the use of water for such purposes in a dwelling house over nine- teen feet front and not over twenty-two feet front, fifteen dollars ($15) ; for the use of water for such purposes in a dwelling house over eighteen feet front and not over nine- teen feet front, thirteen dollars ($13) ; for the use of water for such purposes in a dwelling house over seventeen feet front and not over eighteen feet front, twelve dollars ($12) ; for the use of water for such purposes in a dwelling house over sixteen feet front and not over seventeen feet front, nine dollars ($9) ; for the use of water for such purposes in a dwelling house over fifteen feet front and not over sixteen feet front, seven dollars ($7) ; for the use of water for such purposes in a dwelling house over fourteen feet front and not over fifteen feet front, six dollars ($6) ; for the use of water for such purposes in a dwelling house over thirteen feet front and not over fourteen feet front, five dollars ($5) ; for the use of water for such purposes in a dwelling house over twelve feet front and not over thirteen feet front, four dollars ($4) ; for the use of water for such purposes in a dwelling house twelve feet front or under, two dollars and fifty cents ($2.50) ; for houses of irregular shape occupied by private families exclusively as dwellings, or where the front foot charge would not, due to the character of the water fixtures, in the opinion of the Water Bo?rd shau Board, be a proper basis for the payment of water used, ^ the said board is hereby authorized to make such annual charges for the use of water in such houses for ordinary domestic purposes as the said board in its discretion shall deem proper. No water shall be used for power or for other than water not to be ordinary domestic purposes in any dwelling where the rate powe^n is based upon the front foot rule, by any private . family without spe- without a special permit for such use first obtained from 1218 WAT^R RENTS AND EICKNSES— ORDINANCES. [arT. 41. the Water Board, which permit shall designate the charac- ter of such use and the terms and conditions upon which ^and“cLrge Water shall be so used; and the charge for such use for permit, shall be such US the Water Board shall in its discretion deem proper, and shall be in addition to the charge for the use of water in such houses for ordinary domestic pur- poses, and no water shall be used by any private family for any purpose other than ordinary domestic purposes without such permit first had and obtained, and then only upon the terms and conditions in such permit set forth. Any person or persons using water in a private dwelling house for any purpose than ordinary domestic purposes, without having obtained the permit above provided for, ^ ' shall forfeit and pay for each and every such offence a fine not exceeding five dollars. For each and every horse owned and used in the city of water^used by Baltimore, not used for drays, carts or wagons, there shall be a charge of one dollar and fifty cents ($1.50) per annum; provided, that whenever the Water Board shall deem proper, it shall have power to install a water meter in any stable or other place in which any horse or horses is or are kept, and in such case the charge for water shall be ascer- tained from such meters at the rate hereinafter prescribed, and shall be in lieu of any other charge for water for such horse or horses. Ord. 135, May 13, 1901. Ord. 125, July 5, 1904. 55 . For each and every carriage owned and used in the city of Baltimore there shall be a charge of one dollar and fifty cents ($1.50) per annum. Ord. 135, May 13, 1901. Ord. 125, July 5, 1904. steam boilers. 56. For each and every steam boiler used for gener- ating steam for engines only, when using the water supplied by the city, there shall be a fixed annual charge of three dollars ($3) per horse power, and such charges shall be in ART. 41.] WATER RENTS— ORDINANCES. 1219 addition to any charge made against the building or prem- ises in which said boiler or boilers may be contained for the use of the water therein for any other purpose. Ord. 125, July 5, 1904. 57. The water for the use of hydraulic elevators where Hydraulic eie- vators. the return tank system is not used, shall be at the rate of sixty cents per one thousand cubic feet, and the board shall have the right if in its judgment the state of the water supply requires it, to refuse to supply water for hydraulic elevators, unless the return tank system is used. Ords. 118, 119, 120, February 2, 1903. Ord. 122, February 26, 1903. Ord. 123, March 16, 1903. Ord. 125, March 18, 1903. Ords. 126, 128, 129, 131, March 19, 1903. Ord. 140, April 9, 1903. Ord. 125, July 5, 1904. 58. For all orphan asylums, reformatories, homes, for charitable the aged, homes for the fallen, hospitals, dispensaries and where over Other charitable institutions which give free care or treat- inmates are ment to over two-thirds of their inmates or patients, a rate of seven and one-half cents per one thousand cubic feet. Ord. 125, July 5, 1904. 59. For all the above institutions which give free care sa™e. where ^ between one- or treatment to between one-third and two-thirds of their third and two-thirds of inmates or patients, a rate of fifteen cents per one thou- sand cubic feet. Ord. 125, July 5, 1904. 60. For all of the above institutions which give free same, where care or treatment to some but not less than one-third of one-th1?d of their inmates or patients, a rate of twenty-two and one- f?e“.^ half cents per one thousand cubic feet. Ord. 125, July 5, 1904. 61. For all of the above institutions which give no free same, no free care or treatment to any inmates or patients, a rate of thirty cents per thousand cubic feet. 1220 WATER RENTS AND EICENSES — ORDINANCES. [arT. 41. Churches and other relig- ious cor- porations. Schools, etc. Measurement of water. What “free care” means Water Board t( fix rates for said institu- tions. Res. 39, March 19, 1903. Ord. 125, July 5, 1904. 62. For all churches, missions, Christian associations, church settlements, temperance unions, deaconess homes and other religious institutions used as such, not schools, academies or colleges, a rate of thirty cents per thousand cubic feet. Ord. 19, December 24, 1901. Ord. 127, March 19, 1903. Ord. 125, July 5, 1904. 63. For all schools, academies, colleges and universi- ties, a rate of thirty-seven and one-half cents per thou- sand cubic feet. Ord. 125, July 5, 1904. 64. The water used under the provisions of this sub- division of this Article shall be measured by a water meter, furnished by the Water Department. Ord. 125, July 5, 1904. 65. Free care or treatment of inmates or patients must ■ be shown to be absolutely without charge to the inmates or patients themselves, their guardians, relatives or friends, or to their employes or to the State or city. Ord. 125, July 5, 1904. 66. In determining the rate to be paid under the pro- visions of this sub-division of this Article by any of the institutions above mentioned, the rate for each year shall be fixed by the Water Board at the beginning of each year, and it shall be based upon the sworn statement of the governing boards or officials of these institutions as to the proportion of absolutely free inmates or patients received or treated as above described, during the preced- ing year and such action of the Water Board shall be final. 1221 ART. 41.] WATER RENTS — ORDINANCES. Ord. 90, October 10, 1883. City Code, (1893) Art. 54, Sec. 70. Ord. 15, March 18, 1895. Ord. 125, July 5, 1904. 67. A tax of one cent on every one hundred dollars^ ^waterise/by ($100) worth of assessable property in the city of Balti- corporation, more and in like proportion for any greater or less amount, shall be annually levied and imposed for the payment of the charges made by the Water Board against the Mayor and City Council of Baltimore for the use of water in any of the departments of the city government, embracing the City Hall, City Jail, Bay View Asylum, market houses, market halls, public schools, engine houses, public parks or squares. Court House, sub-department of the Harbor Board, House of Refuge, Fire Department for extinguishing fires, and all other uses and exemptions ordered by the Mayor and City Council of Baltimore. Ord. 125, July 5, 1904. 68. For the use of water for any purpose except for the purpose and in buildings of the character above desig- poses^oth?^' nated, whether such water be used within said buildings SStiWd or outside thereof, the charges shall be at such rates and shall be ascertained in such manner, and the water shall be used upon such terms and conditions as the Water Board shall prescribe, and full power and authority is hereby delegated to said board to assess and establish Board to^assess fixed annual charges for the use of water in said buildings and to charge the same if it is deemed advisable, and to determine the terms from year to year and the conditions upon which the same may be used; provided, that such fixed charges or rates, if and when established shall Rates to be be uniform for all individuals, firms or corporations en- gaged in the same class or description of business or occu- pation; and provided further that if the said board in any case shall deem proper and advisable, it shall have full power and authority to install in any of said buildings proper water meters, and to ascertain by said meters, water Board the amount of water used; and such meter rates shall be S?fe?rafes. in lieu and instead of any fixed charge for water used in such buildings, save only the charge for the steam boilers 1222 WATER RENTS AND EICENSES — ORDINANCES. [arT. 41. Exceptions, hereinbefore provided for, which shall be in addition to said meter charges, and the charge for hydraulic elevators shall be at the rate above prescribed. Ord. 125, July 5, 1904. Water bills to 69. The bills for water used or work done by the sub- quarterly. department of the Water Board to be collected quarterly by the Collector of Water Rents and Licenses, and bills therefor shall be paid within ten days after the same are due, or the Water Engineer shall cut off the supply. Ord. 125, July 5, 1904. Water Board The Water Board shall have full power and authority to abate any charge for water made against any property, whether the same be made by meter, fixed charge or otherwise, whenever the said board in its discretion may for any cause deem such abatement proper and advisable, and said abatement may in the discretion of said board be of the whole or any part of the charge so made and upon such terms and conditions as said board may deem advisable and may prescribe. Ord. 125, July 5, 1904. 7ater Board The Water Board is hereby authorized to tem- walte porarily suspend and prohibit the use of water for washing water. pavomonts, streets, etc., when in its judgment the state of the water supply requires that the same be done, and any person, w^ho after notice from the Water Board to cease using water for washing pavements, streets, etc., shall use a hose attachment therefor, shall upon arrest and enaity. conviction pay a fine not exceeding five dollars. Ord. 125, July 5, 1904. Rates for water 72. For wator fumishod boyond the limits of the city ouSmc o'f of Baltimore, the rates and charges provided for by this city limits. sub_(jivision of this Article shall be paid in accordance with the uses to which said water may be put; provided, how- ever, that the Water Board may in its discretion increase ART. 41 .] VEHICLES, BOATS AND SCOWS — ORDINANCES. 1223 such rates and charges for water furnished outside the city limits beyond the rates charged for water used for the same purposes as in the city limits, if in its discretion it considers such increase advisable and in such case the amount of such increase shall be in the discretion of the Water Board. Ord. 125, July 5, 1904. Ord. 102, March 27, 1906. 73. Nothing in this sub-division of this Article contained shall be construed as conferring any power or authority upon the Water Board to impose or collect charges for the water used in connection with cellar drainers in buildings used or occupied as private dwellings, but the Water Board is hereby authorized to prohibit the installation of any non-automatic cellar drainer in any premises, the owner of which may in the future desire to install a cellar drainer. Vehicles, Boats and Scows. City Code, (1879) Art. 8, Sec. 26. City Code, (1893) Art. 8, Sec. 27. 74. It shall be the duty of the Mayor to withdraw the license from any vehicle licensed by the city, the driver of which shall violate a second time any of the provisions of this Article regulating the speed of horses and vehicles. City Code, (1879) Art. 8, Sec. 27. City Code, *(1893) Art. 8, Sec. 28. 75. The Collector of Water Rents and Licenses shall issue all licenses for and numbers of carriages, wagons and other vehicles, boats and scows as enumerated in the succeeding section, he accounting with the Comptroller for the same. Ord. 4, April 4, 1891. City Code, (1893) Art. 8, Sec. 29. 76. All hackney coaches, buggies, cabs and gigs, kept for hire, and all wagons, furniture carriages, carts, drays, package carts, boats (other than open rowboats, of every Proviso relat- ing to cellar drainers in private dwellings. Revocation of license. Collector of Water Rents and Licenses to issue li- censes there- for. Vehicles to be numbered and licensed. 1224 WATKR RENTS AND EICENSES — ORDINANCES. [arT. 41. description) and scows, owned or commonly used or em- ployed in the city, shall be numbered with plain conspicuous figures, on plates of tin, to be provided as hereinafter directed, to begin with number one and so on progressively, and the owner or owners of such carriages, boats or scows, shall annually appear at the office of the Collector of Water Rents and Licenses, and have entered in a book kept for that purpose, his or her name, place of abode, and the description of every such carriage, boat or scow by him or her owned, and the number thereon to be affixed, and such owner or owners shall take out a license containing his, her or their number, and signed by the Collector of Water Rents and Licenses, with the seal of the city thereto affixed, and no owner shall be permitted to use or employ, or let for hire on any street, lane or alley, nor in any water within the city, any hackney coach, buggy, cab or gig, kept for hire, wagon, furniture carriage, cart, dray, package cart, boat (other than an open row-boat) or scow, until he, she or they shall first comply with the regulations herein con- tained ; and should any holder or owner thereof use or employ any such carriage, boat or scow within the city, before he, she or they shall have fully complied with the requirements of this sub-division of this Article and the regulations herein contained he, she or they shall be liable to forfeit and pay for every such offence a fine of five dollars. See, decision of Brown, C. J., City Court, March 21, 1874, im'e, Fred- erick V. Mayor, etc. Ord. 22, April 4, 1891. City Code, (1893) Art. 8, Sec. 30. Termination of 77. All licenses shall terminate on the first day of license. January in each year, but the holder of a license can at any time between that time and the expiration of the first week in January, take out a new license without being subject to the penalty imposed by section 76 hereof. Ord. 22, April 4, 1891. City Code, (1893) Art. 8, Sec. 31. Tin plates with 78. It shall be the duty of the Collector of Water Rents be^rovMed. and Licenses, annually, on or before the first day of Jan- ART. 41 .] VEHICLES, BOATS AND SCOWS — ORDINANCES. 1225 uary in each and every year, to purchase a sufficient number of tin plates, numbered with plain conspicuous figures, beginning with number one, and so on progressively, two of each to correspond with the number of the carriage, boat or scow, and also to purchase suitable dies for the arithmetical numbers, and the figures standing for the date of the year in which said numbers were issued shall be stamped on the top of each numbered plate; the said plate to be of suitable size and description in the discretion of the Collector of Water Rents and Licenses, and to be paid for out of the appropriation to the Collector of Water Rents and Licenses in the annual ordinance of estimates; and it shall be the duty of the Collector of Water Rents and Licenses to furnish for each licensed carriage, boat or scow, two of said tin plates, with number corresponding with the number of the license, and the record of said carriage, boat or scow, which numbered plates shall be fastened on each side of and the most conspicuous part of such carriage, boat or scow, so that the numbers may be plainly seen, under a penalty of two dollars. The Collector of Water where num- Rents and Licenses shall furnish to those who take out pfaceS^ ° private carriage licenses, a single number, painted upon a tin plate that shall not measure more than 2 3-4x2 inches, which number shall be placed upon the hindermost part of the hind axle of the carriage by the owner or owners thereof. Ord. 22, April 4, 1891. City Code, (1893) Art. 8, Sec. 32. 79. All persons who take out licenses under sections 76 owners may to 78 of this Article are hereby authorized to provide num- bers for their carriages, wagons and other vehicles, of such design as to them may seem proper, such numbers to conform with their license, the same to be in a conspicuous place; provided that the number furnished by the Collector of Water Rents and Licenses be nevertheless attached to such carriage or wagon in such place inside the carriage or wagon as he may direct. All persons availing themselves of the privileges of this section can retain the same number from year to year by annual notice to the Collector of 1226 WATER RENTS AND EICENSES — ORDINANCES. [arT. 41. Rates of licenses. False entry change of number. Water Rents and Licenses previous to the expiration of the first week in January of each year, and those desiring to retain their old numbers may do so by similar notice. Ord. 22, April 4, 1891. City Code, (1893) Art. 8, Sec. 33. 80 . The owner or owners of any carriage, boat or scow, obtaining a license therefor, shall pay the Collector of Water Rents and Licenses, for the use of the city, for every hackney coach, cab or other pleasure carriage kept for hire, and drawn by two horses, five dollars for the annual license; for every hackney coach, cab or other pleasure carriage kept for hire, and drawn by one horse, three dollars for the annual license; for every wagon or vehicle of any kind, drawn by more than three horses or mules, ten dollars for the annual license; for every wagon, cart, or other carriage of burden, drawn by one (1) horse or mule, two dollars, and for each additional horse or mule, the sum of two dollars each; for each boat (other than an open rowboat) or scow, two dollars for the annual license; for every package cart, one dollar for the annual license; transfers of any of these licenses must be made at the office of the Collector of Water Rents and Licenses and no charge must be made therefor. City Code, (1879) Art. 8, Sec. 33. City Code, (1893) Art. 8, Sec. 34. 81 . If any person shall cause or procure a false entry to be made of any carriage, boat or scow, or after a true entry, shall alter the number of his carriage, boat or scow, thus registered, or not having a license, shall permit a number to be fixed to or remain on his or her carriage, boat or scow, he or she shall forfeit and pay for every such offence the sum of twenty dollars. Note. — As to limitation upon powers of a municipal corporation to fix license fees, see^ Vansant v. Harlem Stage Coach Co., 59 Md. 330. Mason v. Cumberland, 99 Md. 451. ART. 41.J VEHICLES, BOATS AND SCOWS — ORDINANCES. 1227 City Code, (1879) Art. 8, Sec. 34. City Code, (1893) Art. 8, Sec. 35. 82 . No owner of any carriage shall use the same in use without . . • 1 1 • 1 T license pro- carrying or transporting any person or persons within the hiwted. said city for hire or pay, unless such owner shall appear at the office of the Collector of Water Rents and Licenses and make entry and take out license as aforesaid, and number such carriage on the middle panel or other con- spicuous place, of each side, with plain and conspicuous figures, and the same renew annually; and such owner shall be subject to all other rules and regulations herein contained as well as such rules and regulations as are con- tained in Article 4 of this Code respecting wagoners, carters, and draymen, and shall be liable to the same forfeitures and penalties upon the non-compliance with or violation of any such rules or regulations. City Code, (1879) Art. 8, Sec. 35. City Code, (1893) Art. 8, Sec. 36. 83 . It shall not be lawful for the owner or owners of Number and any carriage, wagon, cart, dray, package cart, furniture co?re^>ond. wagon, boat or scow, to retain or suffer to be placed on any such vehicle any other number than one corresponding with the license for the same, and any person or persons violating the provisions of this section, shall be subject to a fine of three dollars. Ord. 22, April 4, 1891. City Code, (1893) Art. 8, Sec. 37. 84 . It shall be the duty of the Collector of Water Rents Advertisement and Licenses to notify all persons annually of the necessity of^w?ter of attending to the provisions of sections 76 to 83, inclu- ucense”"^ sive, of this Article, by an appropriate advertisment for ten days previous to first day of January inserted in all the daily papers of the city, and of the privileges accorded by section 79 of this Article by advertising the same annually for five days previous to December 20th, in all the daily papers of the city. 1228 WATER RENTS AND EICENSES — ORDINANCES. [arT. 41. Sales by poor women whose stock does not exceed $40. Recovery of fines and penalties. Women^s Merchandise Licenses. Ord. 30, April 15, 1879. City Code, (1893) Art. 35, Sec. 39. 85. Nothing in this Article contained, forbidding the sale of any manufactured goods, wares or merchandise, within the limits of the markets, shall be construed to ex- tend or apply to any poor woman, bona fide engaged in the business on her own account, whose stock in trade, offered for sale in the limits aforesaid, shall at no time exceed at cost price the sum of forty dollars; provided, such woman shall have procured a license therefor from the Collector of Water Rents and Licenses of the city, and shall have paid for such license the sum of five dollars as the annual rate thereof; and provided further, that the said woman shall be the vender of her own goods, but may, during her temporary physical disability, substitute some one person for the service, who shall act for her during her absence caused by such indisposition; and provided further, that if she shall employ any person, except in the manner afore- said, the clerk of the market shall report the same to the Collector of Water Rents and Licenses of the city, who may cancel the license aforesaid ; the clerk of the market may also, if to him it shall appear that the stock of goods shall at any time exceed in value, at the cost price, the sum of forty dollars, select two disinterested parties, en- gaged in the same line of business, to appraise the value of said stock of goods, and if at market rates said stock shall exceed the limit aforesaid, the fact shall be commun- icated to the Collector of Water Rents and Licenses, who may revoke the license. For a violation of any of the provisions of this section, the party so offending shall be subject to a fine of twenty dollars for each day such viola- tion may be continued. FINES AND PENALTIES. 86. All fines and penalties incurred by any violation of this Article for the recovery of which no provision is made herein, shall be recovered as other fines and penalties imposed by ordinance are recoverable, and when collected shall be paid to the Comptroller. EFFECT OF THIS CODE 1229 EFFECT OF 1 . Code not to impair vested rights ; repealable or revocable rights unaffected ; no contract, obli- gation, duty, etc., to be re- leased or discharged ; suits and actions not to abate ; no tax levied or proceeding taken heretofore to be affected by this Code ; same thing to be true in relation to loans. THIS CODE. 2. What laws, ordinances and res- olutions are embraced in this Code ; laws and ordinances excluded ; status of temporary public ordinances, quasi-public and private ordinances and resolutions. EFFECT OF THIS CODE DEFINED. 1 . No provision of this Code shall affect or impair, or code not to im- be construed by implication to affect or impair, any right vested or acquired and existing at the time of its adop- tion; provided that this section shall not be construed to make irrepealable or irrevocable any right, which, before ^rKocS.ie°^ the passage or adoption of this Code was repealable or rev- afe^cted.”' ocable; nor shall any provision of this Code impair, dis- charge or release, or be construed to impair, discharge or release, any contract, obligation, duty, liability, pen- No contract, alty or forfeiture whatever now existing. All suits duty, etc., to and actions, both civil and criminal, pending, or which or dis- may hereafter be instituted for causes of .action existing at the adoption of this Code, or offences already committed against any ordinance or resolution repealed or superseded by the provisions of this Code, shall be instituted, pro- ceeded with and prosecuted to final determination and judg- ment as if this Code had never been adopted. No tax levied or proceeding taken for the collection of any such tax, or the enforcement of the payment of the same, before the adoption of this Code, shall in any manner be affected by the adoption of this Code, and the mode of procedure in any such matter shall be the same as if this Code had never been adopted, and the same thing shall be true of i^oans. any special ordinance or resolution relating to loans passed before the adoption of this Code. 1230 KFFEJCT OF THIS CODE DEFINED. What laws, or- 2. This Codo is a compilation of public local laws relat- Srimbra^ed applicable to the Mayor and City Council of Balti- in this Code, more and public general ordinances and resolutions of the Mayor and City Council of Baltimore, and does not include ^oTdiSances l^ws, ordluauces and resolutions of a quasi-public, private excluded, qj. temporary nature; all ordinances and resolutions of the Mayor and City Council of Baltimore, in force and effect ^porlryS'icat the adoption of this Code of a quasi-public, private or q^asTpubik temporary nature and not inconsistent with or repugnant o?din£S? to any of the provisions of this Code, shall have the same force and effect as if this Code had never been adopted. APPENDIXES. 1232 BURNT DISTRICT COMMISSION — APPENDIX A. APPENDIX A. BURNT DISTRICT COMMISSION. Appointment, Duties, Powers and Proceedings. 1. Appointment of Commission; of whom constituted ; eligibility for appointment to ^Commis- sion ; removal ; vacancies; salaries ; quorum ; to elect chairman ; his duties ; secre- tary ; his salary ; duties of sec- retary ; records of Commission to be public ; employment of assistants ; offices ; expense of certain assistance to City Solic- itor to be included in expenses of Commission. 2. Powers and duties of Commis- sion. 3. Additional powers to be granted by municipality. 4. Proceedings of Commission ; to prepare map of burnt district and improvements proposed ; city officers to assist Commis- sion ; Commission to report to Board of Estimates and Board of Public Improvements ; said boards to act on all reports as joint body ; when reports ap- proved, to widen, straighten and open streets, etc.; to ex- tend wharves and docks; ac- quisition of property for im- provements; to amend previous reports and make additional reports. Acquisition of Lands. 5. Ma}^or and City Council through agency of Commission to ac- quire lands. 6. Validity of conveyance of land acquired by gift or surrender ; conditions of such acquisition; benefits to be released in case of gift. Appeals. 7. Right of appeal from decision of Commission. Procedure in Making Improve- ments. 8. Course of procedure in making improvements; Commission to advertise notice of its meetings to assess damages and benefits; awarding compensation to owners of lands in burnt dis- trict ; assessing benefits to same ; payment by Commis- sion of damages, purchase price and expenses not to re- lieve party from whom due ; exceptions as to additions to basin or harbor. 9. Procedure when owner of lot, a portion of which is taken , claims compensation for the whole; sale of such lot; re-sale. 10. Commission to advertise state- ment of contemplated im- provements ; meeting of Commission to review mat- ters in statement ; closing review ; to deposit corrected statement with City Register. 11. Clerk of Commission to serve individual notice upon all parties interested. BURNT DISTRICT COMMIvSSION — APPENDIX A. 1233 12. Rights of parties dissatisfied with awar(3 of damages or benefits ; appeal in writing to Baltimore City Court ; court to try all questions of fact ; court to cause record to be made of proceedings ; other powers of the court in the premises. Collection of Be7iefits Assessed. 13. City Collector to notify parties assessed for benefits ; such assessment to constitute a lien. 14. City Collector to sell property when assessment of benefits not paid. 15. All such sales to be made in same manner as sales for failure to pay taxes ; re-sale. 16. City Collector to execute deed of conveyance when such sale made. Special Provisions. 17. No property to be taken until damages are paid or an equiv- alent amount invested in city stock. 18. Any person may pay the sum assessed and such payment to vest a lien in such person. 19. Appointment of temporary Commissioner where member of Commission is interested in property. 20. Commission to discriminate be- tween fee simple and lease- hold interests. 21. Obstructions to be removed by Commission and expense thereof to be collected in suit by Mayor and City Council. Expenses of Commission. * 22. City Register to pay expenses upon presentation of vouchers. Further Duties. 23. On completion of work on each street, etc., Commission to deposit records thereof with City Register ; other duties of Commission. Title of City to Property Acquired. 24. All streets conveyed to city under this Act to be public highways. Assigm7ie7it of Damages. 25. Sums of money to be paid to interested jjariies as damages ma}^ be assigned to city in lieu of benefits due city. Belief ts. 26. Benefits to off-set damages in condemnation of property. Light and Pratt SU'eets. 27. Providing for filling up basin. Powers in Closing Streets. 28. Commission may proceed under this Act or under powers of Commissioners for Opening Streets, or under special ordi- nance; agreements made with interested parties. Appropriations to Defray Expen- ses of Commission. 29. Municipality empowered to ap- propriate money ; from what source to be appropriated ; appropriation to be placed to the credit of “Burnt District Fund.” Boundaries of Burnt District. 30. Boundaries defined. 1234 BURNT DISTRICT COMMISSION — APPKNDIX A. Appointment of “Burnt District Commis- sion.’ Eligibility of said board. Powers of City Engineer and Com- missioner of Street Cleaning. 31. To remain unchanged when not in conflict with this Act ; disposition of records and maps as work is completed. Burnt District Improvement Loan . 32. Authority to issue stock not exceeding six million dollars; ordinance providing for such issue to be approved by people. Conveyance of State Lands in Burnt District. 33. Authority of Governor, Comp- troller of the Treasury and Treasurer to convey to Com- mission. 34. May convey to city all property required in widening Tight Street ; to execute deeds for same ; application of funds from sale thereof. Damages for Establishments and Changes of Grade. 35. Commissioners for Opening Streets to award such dam- ages and to assess benefits ; no compensation for sidewalk alterations or any alterations beyond building line. 36. Fund from which such dam- ages to be paid. 37. Discount for early payment of benefit assessments. BURNT DISTRICT COMMISSION. Appointments, Duties, Powers and Proceedings. 1904, ch. 87. Sec. 1. 1 . The Mayor of the city of Baltimore is hereby authorized to appoint at once, in the manner prescribed in section 25 of Article 4, entitled “City of Baltimore, of the Public Local Laws of Maryland, and subject to the con- dition that two of the appointees shall be members of the minority party within the meaning of section 30 of said Article, four capable and upright citizens of the city of Baltimore, who, together with the Mayor, himself ex-officio, shall constitute a Special Commission, to be known as ‘ ‘The Burnt District Commission,’^ and who shall continue in office until the work of said Commission has been com- pleted. If, however, the Second Branch of the City Council of Baltimore shall reject two several and successive nominations by the Mayor to position on said Commission, he shall be empowered to make an appointment thereto with- out its confirmation. No municipal officer, or other officer of the Mayor and City Council of Baltimore, whether holding a paid or unpaid office or position under the said corporation, shall be eligible for appointment to said Commission, and APPOINTMENTS, DUTIES, POWERS, p:TC. — APPENDIX A. 1235 all persons appointed to said Commission shall qualify and be subject to removal by the Mayor, except that there shall be no removal at any time save for cause, after charges preferred, as prescribed by section 25 of Article 4, entitled ‘ ‘City of Baltimore, ’ ’ of the Public Local Laws of Maryland. Any member of said Commission may, at any time, resign therefrom by tendering his resignation, in writing, to the Mayor; and any vacancy in said Commis- sion occasioned by his resignation, removal, death or permanent absence from this State of the incumbent or by supervening incapacity upon his part, whether physical or mental, to discharge his duties, or by any other cause operating such vacancy, either actually or in effect, shall be filled by the Mayor in the manner and subject to all the conditions as to minority representation and removal here- inbefore provided for as to original appointees to said Commission. The members of said Commission other than the Mayor shall receive compensation for their services at vSaiaries. the rate of three thousand five hundred dollars per annum, except the chairman thereof, who shall receive compensa- tion at the rate of four thousand dollars per annum. A majority of the members of said Commission shall be a lawful quorum for the transaction of business. So soon as the appointive members of said Commission shall have qualified they shall , with the Mayor acting as a member of said Commission ex-officio, organize by the election of one of the members of said Commission as chairman of said Commission, who shall be removable at pleasure by said Commission, and shall preside over the meetings of said Commission and perform such other duties as are imposed on him by this Act or may be assigned to him by said ^ ® Commission; and by the election of a secretary, not a member of said Commission, who shall be removable at pleasure by said Commission, shall receive such compensa- tion as it may determine, not exceeding the sum of two thousand dollars per annum, and shall enter in a well- bound book or books and carefully preserve neat, legible and accurate minutes of all meetings and record of all proceedings of said Commission, and make true copies of all notices by said Commission directed to be published. 1236 BURNT DISTRICT COMMISSION — APPENDIX A. and of the certificates of the publication thereof, and perform such other duties as usually appertain to the office of secretary of a private corporation, or as are imposed on him by this Act, or as may be assigned to him by said Commission; all records of said Commission shall be public records, and it shall semi-annually make to the Mayor a detailed report of its official transactions and of all its expenditures. And said Commission may employ an surveyor and such agents, assistants, clerks, ’employes and laborers, skilled and unskilled, as it may deem requisite for the performance of the duties and the execution of the powers imposed and conferred on it by this Act, and shall fix their respective compensations, and shall have power to remove or discharge them at its pleasure. The Mayor and City Council of Baltimore shall provide proper offices for said Commission. Said Com- mission shall include in its expenditures and certify to the proper city authority or authorities any amounts due to such conveyancers and assistants as the City Solicitor may employ, in addition to the ordinary force of his office, for the purpose of examining such titles to property and rights as the work of said Commission may render necessary and proper to be examined, and of recording the abstracts of such titles; which said conveyancers and assistants the City Solicitor is hereby authorized to employ at such rates of compensation as he shall agree upon, and to discharge at pleasure. 1904, ch. 87, Sec. 2. uties of the 2 . Said Commission shall have the following powers and Commission. Charged with the following duties: (1) To lay out, open, extend, widen, straighten or close any street, lane or alley, or any part thereof, in said burnt district. (2) To establish and fix the building line and the width of the sidewalks on any street, lane or alley now existing or to be laid out, opened, extended, widened or straightened in said burnt district. (3) To open public squares and mar- ket spaces in said burnt district; and (4) to lay out addi- tions and extensions to be made to the public wharves and APPOINTMENT, DUTIES, POWERS, ETC. — APPENDIX A. 1237 docks of Baltimore city, and to be made to the basin or harbor of the city of Baltimore, and to acquire for and in the name of the Mayor and City Council of Baltimore the lands and property within said Burnt District which may be requisite to make such additions and extensions, and to define the extent to which said harbor or basin is to be filled in in said burnt district. And said Commission shall have all powers neccessary and proper to the exercise of said powers. 1904, ch. 87, Sec. 3. 3 . In executing the powers conferred on said Com- mission by section 2 of this Act, and in making the changes, additions and improvements set out in any report or reports, and map or maps, approved as provided in this Act, the said Commission shall have such powers, in addi- tion to those herein granted, as may be conferred upon it by any lawful ordinance or ordinances of the Mayor and City Council of Baltimore, which ordinance or ordinances the Mayor and City Council is hereby fully authorized to adopt; provided, no such ordinance or ordinances shall deprive said Commission of any powers conferred on it by this Act. 19D4, ch. 87, Sec. 4. 4 . The method of proceeding of said Commission shall be as follows: Immediately on its appointment and organization and as soon as provision has been made by ordinance for the expenses of said Commission, it shall cause to be prepared on such scale as it may determine a map or maps of said burnt district or of any part thereof. It shall promptly proceed to lay down on said map or maps and to locate on the ground (1) the streets, lanes and alleys which it proposes to lay out, open, extend, widen, straighten or close within the territory covered by said map or maps. (2) The building lines and the width of all sidewalks which it proposes to establish or fix within the territory covered by said map or maps. (3) The public Extra powers to be grranted by munici- pality. Proceedings of .=aid Com- mission 1238 BURNT DISTRICT COMMISSION— APPENDIX A. City boards to act on all reports. squares and market places which it proposes to establish and open within the territory covered by said map or maps. (4) The additions and extensions which it proposes to make to the public wharves and docks, and to the basin or harbor of the city of Baltimore within the territory covered by said map or maps; or any one or more of said changes, additions and improvements. The Mayor of said city is hereby authorized to direct any officer, agent, employe or board of the Mayor and City Council of Balti- more to furnish such maps and information and to give such assistance as may be requisite to enable said Com- mission to have prepared such map or maps and put such proposed changes, additions or improvements on them, and to give such assistance as said Commission may require to carry into effect its work under this Act. Said Commission shall promptly make a detailed report, accom- panied by such map or maps to the Board of Estimates and the Board of Public Improvements of said city acting as a joint body. And such Board of Estimates and Board of Public Improvements are hereby constituted a joint body for the purpose of considering said report or reports, proposed changes, additions and improvements, and are hereby authorized to act as said joint body. Any person who is a member of both of said boards shall have only one vote in the joint body. Said joint body shall immedi- ately meet on receiving said report or reports and shall give immediate consideration to said report or reports, or proposed changes, additions and improvements, and may approve or disapprove the same, or may suggest to said Commission any modification or changes thereof, and unless the same or some modification thereof shall be agreed upon between said Burnt District Commission and said board, such plan or part of the plan upon which no agreement shall be reached shall fail of effect. When the said report or reports and map or maps as originally submitted or as modified on such suggestions or proposed changes, has been approved by said joint body, the same shall be by said joint body forthwith transmitted to either Branch of the City Council, and when the whole or parts thereof shall have been approved by ordinance or resolu- APPOINTMENT, DUTIES, POWERS, ETC. — APPENDIX A. 1239 tion of the Mayor and City Council of Baltimore, and appropriations shall have been made for a part of the whole of the expense to be incurred in carrying out the parts so approved, said Commission shall immediately proceed to (1) lay out, open, extend, widen, straighten and close the several streets, lanes and alleys; (2) and to establish and fix the building lines and sidewalks; (3) and to open and establish the public squares and market spaces; (4) and to provide for such additions or extensions to the basin or harbor of the city of Baltimore and to the public wharves and docks, as all of said changes, additions and improvements are shown on or by said report or reports, or said map or maps which have been so approved by ordinance or resolution of the Mayor and City Council of Baltimore and for which appropriations have been made as aforesaid, and said Commission shall promptly lay down or locate all such changes, additions or improvements. And said Commission, in order to accomplish this work shall promptly proceed to acquire in the name of the Mayor and City Council of Baltimore, and by the methods in this Act provided, such lands, interests, rights, franchises, privileges or easements as may be requisite to open, extend, widen or straighten any of said streets. Acquisition of lanes or alleys; and to establish and fix said building line and the width of said sidewalks, and to establish and open said public squares and market spaces and to make such additions and extensions to the public wharves and docks and to the basin or harbor of Baltimore. The said Com- mission may, at any time, make additional report or re- ports, accompanied by map or maps, and may, at any time, amend any of its reports accompanied by a map or maps; subject, however, to the approval of the majority of the said joint body, composed as hereinbefore provided, and of the Mayor and City Council by ordinance; and such additional or amended report or reports shall, when reports, approved in the manner aforementioned, be as valid for the purposes of this Act as said original report or reports and map or maps. And such amendments and additions shall be made in no other way except as herein prescribed. 1240 BURNT DISTRICT COMMISSION — APPENDIX A. Acquisition of Lands. 1904, ch. 87, Sec. 5. City to 5. The Mayor and City Council of Baltimore, acting by b^a sift, t pur- and through the agency of said Burnt District Commission, may acquire, by gift, purchase, lease, whatever the dura- tion of the lease, or by other methods of acquisition, or by condemnation, any private property, rights or interests, franchises, privileges or easements that may be required to open, widen, extend, straighten or close any street, lane or alley, or to broaden any sidewalk or to open any public square or market space, or to make any addition to the basin or harbor, or to the public wharves or docks, as shown by said report or additional or amended report or reports, and map or maps accompanying; or which may be required in the execution of the powers and the perform- ance of the duties vested or imposed on said Commission by this Act. 1904, ch. 87, Sec. 6. Validity of 6. When said Commission shall purchase or acquire, by conveyance. Surrender, any land or property for the purpose of executing the powers conferred on it by section 2 of this Act, it may, so soon as the title thereto has been certified by the City Solicitor, have the same conveyed to the Mayor and City Council of Baltimore, and no ordinance shall be requisite to the validity of such conveyance; it being the intention of this Act that said Commission shall have the full and absolute authority to agree with the owner or owners upon all the terms of such gift, purchase or other voluntary alienation, including the purchase price or con- sideration in the case of such purchase or other voluntary alienation; and the owner or owners of any land or property, to be acquired for any of the purposes aforesaid, who shall, in writing, authorize said Commission, or the Mayor and City Council of Baltimore, to enter on or possess said land or property before just compensation has been assessed and paid, or tendered, shall thereafter place no obstruction nor erect any structures or building or improvements on appeals— APPENDIX A. 1241 said land or property, except by the permission of said Com- mission; but such authority shall in no way be construed to deprive said owner or owners of the right to receive just compensation or damages for his, her or their lands or property aforesaid, when such compensation or damages shall have been assessed, as herein provided, and become payable. In case of any such gift, the said Commission, to the extent of the value which it may place on the land or property so given, shall release any benefits assessed Benefits to be . ^ , 11* released. against any of the property belonging to any owner who shall make such gift. Appeals. 1904, ch. 87, Sec. 7. 7. The proceedings or course of proceedings in any case Right of or cases, where resort is had to condemnation or to assess- decision of ing damages, and benefits in the laying out, opening, widening, extending or straightening of any street, lane or alley, or in opening any public square or market space, or in fixing any building line or the width of any sidewalk, or in making any addition or extension to the basin or harbor or public wharves and docks of Baltimore city, may be such as may be provided for the very purposes by lawful ordinance or ordinances of said Mayor and City Council of Baltimore, which said ordinance or ordinances the Mayor and City Council of Baltimore is hereby fully author- ized to adopt; provided, that provision is made therein for reasonable notice to the person or persons in whose favor such damages are to be assessed, or against whom such benefits are to be assessed; and, provided, that provision be made for appeals to the Baltimore City Court, including the right of appeal to the Court of Appeals, by any person or persons interested, including the Mayor and City Council of Baltimore, from the decision of said Commission in valuing or fixing said damages and benefits; or such pro- ceeding or course of procedure may, at the option of said Commission, be that hereinafter by this Act provided. 1242 BURNT DISTRICT COMMISSION APPENDIX A. Course of pro- cedure in making im- provements. Extent of addition. Procedure in Making Improvements, 1904, ch. 87, Sec. 8. 8 . The proceedings or course of procedure of the said Burnt District Commission with regard to laying out, open- ing, extending, widening, or straightening of any street, lane, alley or public square or market space or in fixing any building line or width of any sidewalk, or in making any additions to the basin or harbor, or to the public wharves and docks, under the provisions of this Act, shall be as follows: Whenever any plan or plans for the laying out, opening, extending, widening or straightening of any street, lane, alley or public square or market space, or for fixing any building line or the width of any sidewalk, or for any addition to the basin or harbor, or extension to any public wharves or docks in the said burnt district, shall have been approved by the joint body and the Mayor and City Council of Baltimore, and appropriations made as hereinbefore provided, the said Commission, having given two weeks’ notice, by advertisement, inserted twice a week in two daily newspapers published in the city of Baltimore, of the time and place of the meeting of said Commission, and of the street or streets, lane or lanes, alley or alleys, or square or squares, or market space or market spaces which it is proposed to lay out, open, extend, widen, or straighten, and of the dimensions or extent to which it is proposed to lay out, open, extend, widen or straighten such and each of such streets, lanes, alleys or squares or market spaces, and of the building lines and width of sidewalks it proposes to fix or establish, or of any additions or extensions it proposes to make to the harbor or basin of Baltimore, or to the public wharves or docks of Baltimore city, and of the dimensions or extent of the addition or extension it is proposed to make, shall meet at the time and place mentioned in said notice, and from time to time thereafter, as may be necessary to exercise the powers and perform the duties required of it under the provisions of this Act, and shall ascertain whether any and what amount in value of damage will thereby be caused to the owner of any right or interest in any ground PROCEDURE IN MAKING IMPROVEMENTS — APPENDIX A. 1243 or improvement within said burnt district, for which, taking into consideration all advantages and disadvantages, such owner ought to be compensated, and the said Commis- fa'JiTrn burnt sion, having ascertained the whole amount of damages, for district. which compensation ought to be awarded, as aforesaid upon any and each of the streets, lanes, alleys, squares or market spaces in said burnt district, so, as aforesaid, to be laid out, opened, extended, widened or straightened in the said burnt district, and so, as aforesaid, to be made; and having added thereto the amount or amounts which it has paid, or agreed to pay, for any land or property purchased by it for the Mayor and City Council of Baltimore upon the street, lane alley, square or market space on which it has estimated, as aforesaid, the whole amount of damages, for which compensation ought to be awarded, and having also added thereto an estimate of the probable amount of the proportion of expenses which will be incurred by them in the performance of the duties required of them as aforesaid, including a ratable proportion of the expenses of said Commission; and also of the expenses incurred by the City Register by reason of said proceedings in respect of the said streets, lanes, alleys, squares or market spaces, respectively, shall proceed to assess one-third of the said total amount upon all the ground and improvements, if any, within or outside of the said burnt district, the owners of which, as such, the said Commission shall decide and deem, to be directly benefited by accomplishing the object; provided, the amount of said benefits shall be equal to one- third of the said total amount hereinbefore mentioned, and if not, then to the amount of such benefits and all the remainder of the said total amount shall be assessed upon and paid by the Mayor and City Council of Baltimore. But the Mayor and City Council of Baltimore, acting through said Commission, may pay or tender the entire Damages, pur- amount of said damages, purchase prices and expenses, to whom the same may be payable, and the persons or prop- erty against whom or which such proportions of said benefits are assessed, shall not by such payment or tender be released from paying such proportion of benefits as may be assessed against them or it respectively, but shall be 1244 BURNT DISTRICT COMMISSION— APPENDIX A. liable to pay the same on the terms hereinafter provided. The above apportionment of benefits between the Mayor and City Council of Baltimore and the owner or owners of lots affected thereby shall not be made in the case of addi- tions to the basin or harbor of Baltimore, or to public wharves or docks; but no benefits shall be assessed for such additions or extensions, and the Mayor and City Council of Baltimore shall pay all the damages, purchase prices and expenses assessed for, agreed upon or arising from such additions or extensions. Baltimore Cit}' v. Eatrobe, 101 Md. 625. 1904, ch. 87, Sec. 9. 1906, ch. 108. laimsof own- ovcry caso when it shall be necessary, in order to of effect the objects proposed in laying out, opening, widen- lots. extending or straightening in whole or in part, any street, lane, alley or market space or square, or in estab- lishing any building line or the width of any sidewalk, or in making any addition or extension to the basin or harbor, or to the public wharves or docks, that a portion only of a lot or of a lot and improvements shall be taken, used or destroyed, and the owner or owners thereof shall claim to be compensated for the whole, the said Commission may, in such cases, if they deem it best, and not otherwise, accept a surrender in writing of the whole of said lot, or the whole of said lot and improvements, or the whole of said improvements, if any, from said owner or owners in which event the said Commission shall ascertain the full value thereof, as if the whole lot or lots and improvement or improvements, as the case may be were necessary to be taken and used for such proposed object; and the whole amount of such valuation, when finally decided on, shall be paid or tendered the said owner or owners before any part thereof shall be destroyed, removed or used, unless such owner or owners shall assent thereto in writing as now provided for by law, and the said Commission after giving ten days notice in two of the daily newspapers of the city of the time and place, manner and terms of sale, shall sell by public auction to the highest bidder, or shall PROCEDURE IN MAKING IMPROVEMENTS — APPENDIX A. 1245 sell at private sale in its discretion, the materials of any building or buildings or the debris thereof which it shall be necessary to remove in whole or in part, and also the residue of any lot of which a part shall be taken, and used to effect the object confided to the Commission, and which residue shall have been with the consent of the Commission aforesaid surrendered by the owner aforesaid; said pur- chase money to be paid when full possession shall be given of the property or materials or debris so sold, and the said Commission or a majority of the members thereof on receiving the purchase money aforesaid and not before shall by a good and sufficient deed, convey the lot or lots of ground by them so sold to the purchaser, but no such sale shall be made until after the Commission shall have assessed the entire amount of damages for taking said property and it shall have been paid or tendered to the proper party or parties, or invested or paid into Court, as by law required, nor until the said Commission is able to give possession to the said purchaser or purchasers of property and materials aforesaid; and the said Commission is duly empowered to take and receive a good and sufficient bond from the purchaser or purchasers aforesaid with a penalty to the Mayor and City Council of Baltimore conditioned that the purchase money be duly paid at such times as the said Commission shall demand the same, and conditioned further that said purchaser or purchasers shall remove within twenty days after notice from the said Commission from the bed of the street all such materials so sold and all rubbish or other obstruction in said street occasioned thereby; and in the event of the purchaser or purchasers not complying with the terms of the said sale, the Commission shall, if said sale was public, re-sell the said lot or lots, and improvement or improvements or material or debris, thereon as the case may be, at the risk of the former purchaser, giving not less than five days notice of said re-sale in two of the daily newspapers of the city aforesaid, or it may in its discretion in the event of such default, whether said sale was public or private, re-sell at private sale; provided, however, that when, in the judgment of said Commission, a part of the whole of 1246 BURNT DISTRICT COMMISSION — APPENDIX A. the improvements of any lot can be taken without destroy- ing the whole of said lot or said improvements for the purpose for which the lot or improvements are used, or for building purposes, the said Commission shall only condemn such part of said whole lot or improvements as is necessary for the proposed object and shall award to the owner or owners of the part of the lot or improvements so taken such damages, and assess upon the remainder thereof such benefits as in their judgment shall be right and proper. 1904, ch. 87, Sec. 10. 10 . As soon as the Commission aforesaid shall have completed the valuation of the damages to be ascertained by them as directed by this Act, upon any one and each of the streets, lanes or alleys, squares, or market spaces, or on any of said additions or extensions of the basin or Statements of harbor, wharves or docks, it shall cause a statement there- of to be made out for the inspection of all persons desiring ments. information of its contents, and such statement, together with an explanatory map or maps, shall contain a descrip- tion of each separate lot or parcel of ground deemed to have sustained damages, its dimensions, the name of the street, lane or alley, square, market space, wharf or dock on which it bounds, the names of all supposed to have an estate or interest in it, and the amount of damages as valued by the Commission; and if there be any building or other improvements or material or debris on it necessary to be removed, in whole or in part, such description there- of as the Commission shall deem necessary; and in like manner a description of each parcel of ground deemed by said Commission to be benefited, the name or names of such person or persons as may be supposed to have any estate or interest therein and the amount assessed thereon for benefits; and the said Commission shall cause a notice to be published for four successive days in two daily news- papers of the city stating the extent of the ground covered by the assessments, and that such statement and maps are ready for the inspection of all persons interested therein. REVIEW OF PROCEEDINGS — APPENDIX A. 1247 and that the Commission will meet at its office on a day, to be named in said notice, which shall be within ten days after the first publication of such notice, for the purpose of reviewing any of the matters contained in such state- commission to ment, to which any person claiming to be interested shall mat- make objection; and the Commission shall meet at the time and place so appointed and shall hear and consider all such representations or testimony on oath or affirmation, verbal or in writing, in relation to any matter in said statement, which shall be offered to it on behalf of any person claim- ing to be interested therein; and the said Commission shall make all corrections and alterations in the valuation, assessments and estimates and all other matters contained in said statement and explanatory map or maps aforesaid, as in its judgment, or a majority of the members of said Commission, shall appear to be just and proper; and said Commission may adjourn from day to day, if necessary, to give all parties claiming a review an opportunity to be heard, not exceeding in the whole ten days, and after closing such review the Commission shall make all such closing review, corrections in its statement and explanatory map or maps as it shall deem proper, and cause such statement, as corrected, to be recorded in its book of proceedings and certified under the hands and seals of the members of said Commission, or a majority of them, and their clerk, and shall deposit the same, together with the explanatory map or maps, as finally corrected by it and similarly certified to, in the office of the City Register and it shall be the duty of the City Register, within five days after the said proceedings shall have been deposited in his office, to notify all persons interested by an advertisement, to be inserted twice a week for two successive weeks in two of the daily newspapers of the city, that the said assessment and maps have been so placed in his office, and that the parties affected thereby are entitled to appeal therefrom by petition in writing to the Baltimore City Court. 1904, ch. 87, Sec. 11. 11. It shall be the duty of the clerk of the Burnt District Commission to serve written or printed notice 1248 BURNT DISTRICT COMMISSION— APPENDIX A. To serve notice upoii cach and cvery party or parties assessed for benefits upon parties interested, or to whom damag-es have been awarded in the condem- nation proceedings of said Burnt District Commission; provided, however, that the service of such notice shall not be so construed as to be one of the prerequisites to the condemnation and opening, laying out, widening, extend- ing or straightening of any streets, lanes or alleys under this Act, or establishing a building line or width of any sidewalk, or for opening any square or market space or making any addition or extension to the basin or harbor or public wharves and docks. 1904, ch. 87, Sec. 12. Lights 9 f par- 12. The Mayor and City Council of Baltimore, or any fiS wuif person or persons or corporations who may be dissatisfied damages or with the award of damages or benefits assessed as herein- benefits. before provided, may, within fifteen days after the return of the corrected statement and map or maps to the City Register, and the first publication of the notice thereof by the City Register, appeal therefrom, by petition in writing to the Baltimore City Court, praying the said court to review the same, and on any such appeal the court may, and shall, appoint a day for hearing said appeal, which shall be not less than five nor more than twenty days after the expiration of the fifteen days limited for taking appeals as aforesaid, and shall direct the clerk of said court to issue a subpoena duces tecum to the City Register, requiring him to produce and deliver to said court the record of the proceedings of the said Commission in the case, and all maps, plats, documents and papers connected with such record, and the said City Court shall have full power to hear and fully examine the subject and decide on said appeal and for that purpose is hereby authorized and empowered to adjourn from time to time, and may cause all such appeals to be consolidated, or may hear and decide them separately, and may require the said Commission, its clerks, engineer and other agents or servants, or any of them, and all such other persons as the court shall deem necessary to attend, and examine them under oath or APPEAL TO CITY COURT — APPENDIX A. 1249 affirmation, and may permit and require all such explana- tions, amendments and additions to be made to and of the said record of the proceedings, as the court shall deem requisite; and the persons appealing to the Baltimore City Court, as aforesaid, shall be secured in the right of a jury trial, and the said court shall direct the Sheriff of Balti- more City to summon twelve or more persons qualified to be jurors, and shall empanel any twelve disinterested persons so summoned, or attending the court, to try any question of facts, and, if necessary, to view any property ^couTSt^y ^ in the said burnt district, to ascertain and decide on the amount of damages or benefits under the direction of the court ; and the said court shall not reject or set aside the record of the proceedings of the said Commission for any defect or omission in either form or substance, but shall amend or supply all such defects and omissions and increase or reduce the amount of damages and benefits assessed, and alter, modify and correct the said return of proceedings in all or any of its parts, as the said court shall deem just and proper, and shall cause the proceed- ings and decision on said returns and appeals to be entered in the book containing the record of the proceedings of the Commission, certified by the clerk, under the seal of the court, and the book to be transmitted to the City Register, which shall be final and conclusive in every respect, unless an appeal be taken to the Court of Appeals, and such record book or a copy of the proceedings therein, or any part of such proceedings, whether in court or out of court, certified by the City Register, under the corporate seal of the city, shall be evidence in any court in this State, and the judge of the Baltimore City Court shall have full The court’s power, in his discretion, to add the reasonable costs of any premises, appeal, to be taxed by him or any part thereof to the damages to be collected for laying out, opening, extending widening or straightening any such street, lane or alley, or for establishing any building line or width of any side- walk, or for laying out any public square or market space, or for laying out any addition or extension to the basin or harbor, or to the public wharves or docks, or to require such costs or any part thereof to be paid by all or 1250 BURNT DISTRICT COMMISSION — APPENDIX A. City Collector to notify par ties assessed for benefits. by either of the appellants, as the circumstances of such appeal, in his opinion, shall justify. Upon every appeal to the Baltimore City Court from any action of the Com- mission on the burnt district, both the damages and bene- fits assessed by the Commission to the appellant shall be open for review and correction by the said City Court. Collection of Benefits Assessed. 1904, ch. 87, Sec. 13. 13. If no appeal shall have been prayed, then within ten days after the time hereinbefore limited therefor, or after the return of the decision upon any appeal shall have been made to the City Register, the said City Register shall transfer the return of the said Commission to the City Collector, who shall proceed forthwith to notify the parties assessed for benefits by means of bills specifying the several sums so assessed, and warning them that if the same be not paid within the time hereinafter named, he will proceed to sell the specified pieces or parts of property on which such unpaid sum or sums of money shall have been assessed, in the manner, and after having given the notice directed by this Act or by law or ordinance. The said sums so assessed, upon the specified pieces or parts of property, shall constitute a lien upon the property upon which they are severally assessed from the date when the said return is made by the said Commission to the City Register until the same shall be paid to the city, and shall be payable at the option of the owner or owners thereof at any time within five years from date of this Act, and if paid at any time within three years from said date shall be payable without interest; but if not paid until after the expiration of three years from said date and before five years therefrom, the same shall bear interest at the rate of four per cent, per annum from and after the expiration of said period of three years. 1904, ch. 87, Sec. 14. 14. If the sum assessed upon the property specified shall not be paid within the time above limited, the City COLLECTION OF BENEFITS ASSESSED — APPENDIX A. 1251 Collector is hereby directed to sell the property or part thereof on which such assessment has been laid, giving thirty days' notice of said sale in two of the daily newspapers published in the city of Baltimore, the first insertion of said notice to be made in said newspaper within sixty days after the expiration of the time limited in this Act for the payment of said benefits; and the moneys so collected by the City collector shall be paid over by him to the city as other moneys are directed to be paid over, to be by it paid to the persons entitled to receive the same. 1904, ch. 87, Sec. 15. 15. In all cases in which the City Collector shall sell any property on account of the non-payment of assessments made for the opening, closing, widening or extension of any streets, lanes or alleys, or for fixing any building line, or the width of any sidewalk, or for the opening of any taxes, public square or market space, it shall be his duty to sell such property to the extent and subject to the same condi- tions which are provided by ordinance for the sale of real estate in the city of Baltimore charged with the payment of other taxes imposed by the Mayor and City Council of Baltimore; and in the event of the purchaser or purchasers failing forthwith to comply with the terms of said sale, the City Collector shall re-sell the same at the risk of the former purchaser, giving not less than ten days' notice in two of the daily newspapers of the city aforesaid; and after collecting the benefit assessments he shall forthwith return the proceedings of the said Commission to the Comptroller. 1904, ch. 87, Sec. 16. 16. The City Collector, on receiving the full amount :^xecuting a of the purchase money on such sale, shall execute a deed of conveyance in favor of the purchaser or purchasers, or their assign or assigns, which deed shall coi^vey a fee simple or leasehold estate, as the case may be, in and to such property, and after deducting the costs of sales, 1252 BURNT DISTRICT COMMISSION— APPENDIX A. advertising and other necessary expenses, he shall pay the balance of such purchase money to the city, which shall pay over the said balance, after deducting the amount assessed on said property, to the person or persons entitled thereto on demand, without interest. Special Provisions, 1904, ch. 87, Sec. 17. No street, lane 17 . No part of any street, lane, alley, square or market opened, e°c^.^ space shall be laid out, opened, extended, widened or damUesare Straightened, nor shall any addition or extension to the money paid harbor or to any public wharf or dock be made on or over into court. ground of any person or persons or corporation adjudged by the Commission to be entitled to damages for the said opening, extending, widening or straightening or addition, without the consent, in writing, of the person or corporation so entitled, until such damages shall be paid, or the amount thereof invested in city stock for the use of each person or corporation entitled to any part of the compensation for such damages, to the amount of his, her or their respective right or interest therein, of which investment the City Register's certificate, under the corporate seal of the city shall be competent proof. 1904, ch. 87, Sec. 18. 18. Any person or persons not claiming title to any lot or piece of property upon which any sum shall be assessed as aforesaid, may pay the amount of the sum so assessed, within the time limit, to the City Register, and obtain his certificate of having paid such sum without claiming title to the property; and such payment shall vest in the person or persons paying his, her or their heirs the lien on such lot or property mentioned in this Act. lyien to inure to benefit of person pay- ing benefits. 1904, ch. 87, Sec. 19. Temporary 19 . If it should so happen that any one or more of the of comSil“^ members composing the said Burnt District Commission should be interested in any particular case, the Mayor SPECIAL PROVISIONS — APPENDIX A. 1253 shall make a temporary appointment of a commissioner or commissioners to act in the place and stead of such inter- ested commissioner or commissioners, who shall take the oath or affirmation, as the case may be, and in all respects conduct himself and have all the powers as the other commissioners who are appointed by the Mayor. 1904, ch. 87, Sec. 20. 20. Whenever any lot or part of a lot or parcel of ground may be taken and included within the lines of any street, lane or alley, or part thereof, or in any public square or market space or part thereof, or in any addition or extension to the harbor, or to any public wharf or dock, and damages are assessed therefor, and there shall be an outstanding unexpired term of years therein, the said Commission shall discriminate in their proceedings between the value of the fee simple or ground rent interest and the leasehold interest. 1904, ch. 87, Sec. 21. 21. Whenever any obstruction shall have remained in obstructions t any street, lane, alley, public square or market space or removed, part thereof so laid out, opened, widened, extended or straightened for the space of twenty days after the pro- ceeding of the said Commission shall have been returned to the City Register, it shall be the duty of said Commission to cause the same to be removed, and to draw on the City Register for the expense so incurred, which shall be paid by him; and the Mayor shall forthwith cause a suit for the recovery of said expense to be instituted against the person or persons by whose default the said obstruction has been suffered to remain, and the same, when recovered, shall be paid to the City Register for the use of the city. Expenses of Commission. 1904, ch. 87, Sec. 22. 22. When the proceedings of the Commission on the Burnt District in any case are transferred by the City 1254 BURNT DISTRICT COMMISSION — APPENDIX A. City Register to pay upon presentation of vouchers. Depositing books and papers. Public highway. Register to the City Collector, the City Register is author- ized and required to pay all the expenses incurred by the Commission on the Burnt District under the said proceed- ings, but such expenses shall not remain unpaid more than six months after the completion of any services performed under this Act; and the Comptroller and City Register are directed to pay, within six months after the services have been completed, any such expenses upon presentation of the proper vouchers or certificates from the Commission on the Burnt District. Further Duties. 1904, ch. 87, Sec. 23. 23. The Commission on the Burnt District, so soon as it shall have completed its work on each street, lane or alley, square or market space, or on each addition or extension to the harbor or basin, or wharves and docks, shall deposit all papers and books relating thereto in the office of the City Register. The said Commission shall also perform such other duties as from time to time may be required of it by any ordinance or ordinances of the Mayor and City Council of Baltimore not inconsistent with the provisions of this Act. Title of City to Property Acquired. 1904, ch. 87, Sec. 24. 24. Whenever any street, lane or alley or square or part thereof, shall be conveyed to the city as provided in this Act, the same shall be a public highway, subject to all ordinances and resolutions relating to streets, lanes and alleys in the city of Baltimore. Assignment of Damages. 1904, ch. 87, Sec. 25. 25. When the said Commission shall assess a sum of money to be paid by any person or persons for the benefits BENEFITS— PRATT AND LIGHT STREETS — APPENDIX A. 1255 derived by such person or persons for opening, extending, sumsof^money widening, straightening or closing any street, lane or mj^erested alley, or part thereof, or for opening any public square or market space, and shall assess a sum of money to be paid to the same person or persons for damages sustained by said opening, extending, widening, straightening or closing, it shall and may be lawful, upon a certificate of title from the City Solicitor, for the City Register or City Collector to receive from such person or persons any assignment for the sum or sums so assessed as damages as aforesaid. Benefits. 1904, ch. 87, Sec. 26. 26. In any proceedings or course of procedure herein Benefits to off- provided or authorized for the condemnation of a part of in‘cond?m-^’ the property rights, interests, franchises, privileges or easements belonging to any owner or owners under the powers given by this Act, the said Commission, or other persons appointed to value it or them, and any jury which may be required to value the same, shall take into consideration the benefit or advantage which will accrue to such owner or owners of the part of the property, rights, interests, privileges or franchises not required to be taken in such proceedings, by reason of the opening, widening, extending, straightening or closing of any street, lane or alley, or by reason of the broadening of any side- walk, or the opening of any public squares or market space in said Burnt District. Light and Pratt Streets. 1904, ch. 87, Sec. 27. 27. In the widening of Light street on the east side^^^^.^.^ thereof, or of east Pratt street on the south side thereof, fining up should the said Commission so decide to widen them or either of them, or in widening any public wharf or dock, the said Commission shall lay down and fix the breadth of said widening on the map or maps to be sent with the 1256 BURNT DISTRICT COMMISSION — APPENDIX A. Commission- ers’ powers to assess all damag’es. report or reports, as herein provided, to the joint body hereinbefore provided for, and on its approval, as herein- before provided, by said joint body, the Mayor and City Council of Baltimore is hereby authorized to provide by ordinance or ordinances for filling up the harbor or basin of Baltimore to the extent necessary to make such widen- ing of both or either of said streets and of any such public dock. Powers in Closing Streets. 1904, ch. 87, Sec. 28. 28. In closing any streets, lanes or alleys, situated in said Burnt District, said Commission shall have the powers to assess all the damages and benefits arising from said closing now possessed by the Commissioners for Opening Streets in the city of Baltimore, under any law or ordi- nances relating to the closing of streets, lanes or alleys in said city, and shall proceed in the manner prescribed by said laws and ordinances, the person or persons interested therein having all the rights, including the rights of appeal, conferred on them by said laws and ordinances. And in the proceeding for the closing of any street, lane or alley or any part thereof, under the powers conferred on said Commission by this Act, the procedure may, in any case or cases, at the option of the said Commission be such as is provided for in said laws and ordinances or such as may at any time hereafter be provided for by law or laws of the State of Maryland, or by any lawful ordinance or ordinances of the Mayor and City Council of Baltimore, adopted pursuant to the powers conferred on it by Article 4, entitled “City of Baltimore'’, of the Public Local Laws of Maryland, or such as may be provided for the very best purpose by lawful ordinance or ordinances of the Mayor and City Council of Baltimore, which said ordi- nance or ordinances the Mayor and City Council of Balti- more is hereby fully authorized to adopt, provided that provision is made therein for reasonable notice to the owner or owners of property or rights along or in any street, lane or alley closed, and to all persons assessed APPROPRIATIONS TO DEFRAY EXPENSES — APPENDIX A. 1257 with damages and benefits arising from said closing, in case such damages and benefits are assessed or to be assessed, and provided that provision be made for appeal to the Baltimore City Court including the right of appeal to the Court of Appeals by any person or persons interested, including the Mayor and City Council of Baltimore, from the decision of said Commission valuing or fixing said benefits and damages. And said Commission may agree Agreements with any person or persons interested in the closing of any -Sferelte? street, lane or alley or any part thereof, or who may be parties, liable to be assessed with benefits or damages for such closing, and may have such damages paid out of moneys appropriated therefor and carried into the Burnt District Sinking Fund, as this Act provides. Any money paid for benefits under this section shall be paid to the Comptroller of the city, to be by him paid over to the City Register, to be added to said Burnt District Fund. Appropriations to Defray Expenses of Commission. 1904, ch. 87, Sec. 29. 29. The Mayor and City Council of Baltimore is hereby Municipality empowered for the purposes of providing the money for to appropri- defraying the expenses of said Commission, and for the expenditures to be incurred in the acquisition by the city, by purchase, condemnation or any other method, of the property, interests, rights, franchises, privileges and easements required to execute the powers and to carry out the work of said Commission, and generally for the purposes contemplated by this Act, also for the purposes of paving or repaving and curbing or recurbing any street, lane, alley, public square or market space, opened, widened, extended or straightened under this Act, or any part thereof, to appropriate any moneys from time to time out of any balance not appropriated at the time for any other purpose, pursuant to authority granted by the General Assembly of Maryland, of the sum of four million four hundred and twenty-two thousand four hundred and sixty dollars and seventy-four cents, forming part of the pur- chase price paid by the Fuller Syndicate for interests of 1258 BURNT DISTRICT COMMISSION — APPENDIX A. the city of Baltimore in the Western Maryland Railroad Company heretofore passed to the credit of the General Sinking Fund of said city, and the interest accumulated thereon, or out of the proceeds of any loan authorized by the General Assembly and approved by the majority of the legal voters of said city for the purpose of this Act. And when any such appropriations are duly made as afore- said, the Commissioners of Finance of the city of Balti- more are hereby authorized to pay the several sums thereby unappropriat- appropriated out of the said unappropriated balance of ed balance. ,, it- r-i said sum, and the interest out of the proceeds of said loan, to the Comptroller of the city of Baltimore, to be by him deposited with the City Register, and to be placed to the credit of the fund to be known as the ‘ ' Burnt District Fund’', which shall be exclusively applicable to the pur- poses hereinbefore mentioned, and shall be chargeable with no other items of cost or expense whatever, and in making such appropriation said Mayor and City Council of Baltimore shall not be required to incorporate the same in any annual ordinance of estimates, but may make said appropriation at any times by ordinance or ordinances, subject, however, to approval by the Mayor in the manner provided by law. Boundaries of Burnt District, 1904, ch. 87, Sec. 30. Boundaries of 30. The term “Burnt District” used in this Act is Burnt District, declared to extend to and include the territory situated in the city of Baltimore and described as follows : Beginning for the same at the intersection of the south side of Camden street and the west side of Howard street, and running thence northerly binding on the west side of Howard street to a point where the prolongation south- wardly of the westerly side of Liberty street would intersect the west side of Howard street, and thence along said line and continuing northerly along the westerly line of Liberty street to the intersection of the west side of Liberty street with the north side of Lexington street, and POWERS OF CITY ENGINEER — APPENDIX A. 1259 thence along the northerly line of Lexington street easterly to a point formed by the intersection of said north side of Fayette street with the east side of St. Paul street, thence southerly along the east side of St. Paul street to the point of intersection of the east side of St. Paul street and the north side of Fayette street, thence easterly along the north side of Fayette street to the point of intersection of said north side of Fayette street with the east bank of Jones’ Falls and thence in a southerly direction, following the said east bank of Jones’ Falls to the point where said bank intersects the north side of the harbor or basin, and thence due south across the harbor or basin to the south side thereof, and thence westerly along the said south side or shore to the point of intersection of the north side of East York street with the east side of Johnson street, and thence across East York street to the point where the southern line of East York street intersects the west side of Johnson street, and thence west along the south side of York street to the point of intersection of the south side of East York street with the east side of South Charles street, thence northerly along the east side of South Charles street to the point of intersection of the said east side of South Charles street with the south side of Camden street and thence along the south side of Camden street westerly to Howard street at the point of beginning. Powers of City Engineer and Commissioner of Street Cleaning. 1904, ch. 87, Sec. 31. 31 . While the work authorized by this Act is being street surface done by said Commission the respective duties and powers men’tr^’ of the City Engineer and Commissioner of Street Cleaning and other city officials in their relations to the pavements and other street surface improvements of the city of Bal- timore shall, subject to the duties and powers hereby conferred upon said Commission, continue as at present, and said Commission shall be authorized as its work progresses to turn over from time to time such completed portions of said work as it may see fit to the charge. 1260 BURNT DISTRICT COMMISSION — APPENDIX A. superintendence and control of the proper city officials, and shall, on the termination of its work, turn over all the records, writings, papers, copies of reports, and maps of said Commission other than those hereinbefore directed to be turned over by the City Register to the Commissioners for Opening Streets, to be by them preserved and to be used as their own papers and records are preserved and used ; and all other property and effects in its possession belonging to the City Comptroller to be disposed of by him as may be provided by ordinance. Burnt District Improvement Loan. 1904, ch. 468, Sec. 1. Authority to 32 . The Mayor and City Council of Baltimore is author- lSux?eeding ized to issue its stock to an amount not exceeding six $6,000,000. niiiiion dollars ; said stock to be issued from time to time as the Mayor and City Council of Baltimore shall, by ordi- nance, provide ; and to be issued for such amounts and to be payable at such time and to bear such rate of interest as the Mayor and City Council of Baltimore shall by ordi- nance provide ; and the proceeds thereof to be issued for supplying additional means for defraying the expenses and cost of carrying into execution the plan of improvements adopted or to be adopted under the terms of the Act passed at the January Session of the General Assembly of Maryland in the year 1904 , and entitled ‘ ‘An Act to create a Commis- sion on the Burnt District of Baltimore city ; to define its Burnt District duties and powers ; to regulate its methods of procedure ; Commission. define the extent of said districts ; to provide for opening, extending, widening, straightening and closing streets, lanes and alleys, for establishing public squares and market spaces, building lines and the width of side- walks in said district ; for adding to, extending and partly filling the harbor or basin of Baltimore city; and for estab- lishing public wharves and docks and to provide for appropriating a portion of the general sinking fund of Baltimore city and other moneys for the purposes of this Act,'' but said stock shall not be issued in whole or in part unless the ordinance of the Mayor and City Council of CONVEYANCES OF STATE EANDS — APPENDIX A. 1261 Baltimore providing for the issuance thereof, shall be sub- mitted to the legal voters of the city of Baltimore at such submitted to time and place as may be fixed by said ordinance, and be voters, approved by a majority of the votes cast at such time and place as required by section 7 of Article 11 of the Consti- tution of Maryland. * Conveyances of State Lands in Burnt District. 1904, ch. 581. 33 . The Governor, Comptroller of the Treasury and the ^ ^ , . . PI 1*1 Governor et al. Treasurer or a majority of them, are hereby authorized and empov/ered to sell, grant, assign, convey or lease any of the property, or any interest therein belonging to the State of Maryland situated in the Burnt District, as defined in the Act of 1904, ch. 87 (codified in this appendix to this Code as Sections 1 to 31 inclusive) and lying south of Pratt street and east of Light street to the Mayor and City Council of Baltimore, upon such terms and at such price or prices as shall be agreed upon between said State officials, or a majority of them, and the Burnt District Commission, and to execute, acknowledge and deliver for and on behalf of the State of Maryland, all the necessary deeds and conveyances therefor. 1906, ch. 145. 34 . The Governor, Comptroller of the Treasury and the ^pfo°pertTiS- Treasurer, or a majority of them, are authorized and em- powered to sell, lease or otherwise dispose of, in whole or street, in part, to the Mayor and City Council of Baltimore any or all of the parcels of property of the State of Maryland, or any interest or interests therein, involved in the widening of Light street, in the city of Baltimore, from Pratt street to Lee street as now or hereafter proposed by the ‘ ‘Burnt District Commission’^ created by chapter 87 of the Acts of the General Assembly of Maryland for the year 1904 upon such terms as to price or otherwise as shall be agreed upon *Note. — T his Act was approved by the people at the election held November, 1904. 1262 BURNT DISTRICT COMMISSION — APPENDIX A. between said State officials or a majority of them and said Burnt District Commission and also to execute, acknowledge and deliver for and on behalf of the State of Maryland all the necessary deeds, conveyances or other legal instruments therefor. Provided any and all sums of money derived from the sale, lease or other disposition of the State Tobacco Warehouse property under the provisions of this Act shall be placed to the credit of the State Tobacco Fund. ‘ 'Damages for Establishments and Changes of Grade. ’ ’ 1906, ch. 102. The Mayor and City Council of Baltimore is author- openfng""^ ized and empowered to authorize and direct the Commis- sioners for Opening Streets under such system of procedure tions. including reasonable notice to the property holders and the right of appeal by either the property holder or the Mayor and City Council of Baltimore to the Baltimore City Court and the Court of Appeals of Maryland, as it may prescribe to ascertain and award to the owners of abutting property in the city of Baltimore affected by the establish- ments and changes of grade mentioned in said Ordinance No, 91, approved June 7th, 1904, as aforesaid, such dam- ages, if any, as they may find to have been directly caused to said abutting property by said establishments and changes of grade, and at the same time to assess against the same such benefits as they may find to have accrued to said owners by reason thereof, but this Act shall not be taken as authorizing compensation of any kind to be made by the Mayor and City Council of Baltimore for any side- walk alterations, restorations or improvements, or any alterations, restorations or improvements of any kind beyond the building line of any street, avenue, alley or other high- way necessitated by, or referable to said establishments and changes of grade. 1906, ch. 102. 36. The Mayor and City Council of Baltimore is author- ized to pay the amounts of the net damages, if any, so DAMAGES FOR ESTABLISHMENTS AND CHANGES — APPENDIX A. 1263 ascertained and awarded, without interest, out of any Fund from . 1 1 • /» 1 which such balance not appropriated at the time for any other purpose of the fund mentioned in chapter 463 of the Acts of the General Assembly of Maryland, and commonly known as the Western Maryland fund, or out of any balance not appropriated at the time for any other purpose of the fund derived from the assessment of benefits under the pro- visions of chapter 87 of said Act of the General Assembly of Maryland, commonly known as the Burnt District Commission Act, or out of such sum or sums as may be appropriated therefor out of the annual revenue of the city of Baltimore by the annual ordinance or ordinances of estimates. 1906, ch. 141. 37. The Mayor and City Council of Baltimore is em- powered to allow such discounts, as it may deem advisable for the early payment of benefit assessments under chapter Snefits. 87 of the Acts of the General Assembly of Maryland for the year 1904, commonly known as the Burnt District Commission Act. 1264 APPENDIX B. Protecting per sons from communica- ble diseases. APPENDIX B. COMMUNICABLE DISEASES. 1. Diseased persons disposing- of sputum or other secretion so as to give offense to be deemed a nuisance; complaint to Com- missioner of Health; duty of officer receiving such com- plaint ; penalty for disregard of orders of Health Commis- sioner ; diseases to which this section applies. 2. Duty of physician attending cases of pulmonary and laryn- geal tuberculosis ; duty of local health board when no physi- cian attending such cases. 3. Their duty when cases reported to them by physician ; physi- cian’s report; to provide against danger to persons oc- cupying house or apartments with consumptives ; printed requisition blanks for disin- fectants ; circular information to consumptives. 4. Penalty for false statements by physician. 5. State Board of Health to issue printed matter required by pre- ceding sections ; annual appro- priation . 1904, ch. 399, Sec. 1. 1 . Any person affected with any disease whose virus or ' infecting agent is contained in the sputum, saliva or other bodily secretion or excretion, who shall dispose of his spu- tum, saliva or other bodily secretion or excretion as to cause offense or danger to any person or persons occupying the same room or apartment, house or part of a house, shall, on complaint of any person or persons subjected to such offence or danger be deemed guilty of a nuisance. And any person subjected to such a nuisance may make complaint in person or writing to the Commissioner of Health of Baltimore City or the local health officer of any city, town or county of the State of Maryland where the nuisance complained of arises or exists. And it shall be the duty of the Commissioner of Health or of any local health officer receiving such complaint to investigate, and if it appears that the nuisance complained of is such as to cause offense or danger to any person occupying the same room, apartment, house or part of a house, he shall serve a notice upon the person so complained of, reciting the alleged cause of offense or danger, and requiring him to dispose of his sputum, saliva or other bodily secretion or APPENDIX B. 1265 excretion in such a manner as to remove all reasonable cause of offense or danger. And any person failing or refusing to comply with orders or regulations of the Health Commissioner of Baltimore City or of the health officer of any city, town or county requiring such nuisance to be abated, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined ten dollars ; provided, that the requirements of this section shall apply only to pulmonary and laryngeal tuberculosis, pneumonia, influenza pn^eumonia. ’ and such other diseases as the State Board of Health may from time to time determine to be communicable by means of sputum, saliva or other bodily secretion or excretion. 1904, ch. 399, Sec. 2. 2. It shall be the duty of the physician attending any Duty of attend- case of pulmonary or laryngeal tuberculosis to provide for the safety of all individuals occupying the same house or apartment, and if no physician be attending such patient this duty shall devolve upon the local health board, and all duties made incumbent upon the physician in the following sections shall be performed by the local board of health in all cases of pulmonary or laryngeal tuberculosis not attend- ed by a physician or when the physician is unwilling or unable to perform the duties specified. 1904, ch. 399, Sec. 3. 3. It shall be the duty of the local board of health to Duty of the transmit to the physician reporting any case of pulmonary heauh°^*^^ or laryngeal tuberculosis a printed report, after the manner and form to be prepared and authorized by the State Board of Health, naming such procedures and precautions as in the opinion of the State Board of Health are neces- sary or desirable to be taken on the premises of the said tuberculosis case, and it shall be the duty of the State Board of Health to print and keep on hand a sufficient number of such report blanks and to furnish the same in sufficient numbers to any local board of health upon due requisition of the latter. Upon receipt of the blank report 1266 APPENDIX B. Apartments occupied by consump- tiv'es. Printed requi- sition. the physician shall fill, sign and date the same and return to the local board of health without delay; provided, that if the attending physician is unwilling or unable to undertake the procedures and precautions specified he shall so state upon this report, and the duties herein prescribed shall then devolve upon the local board of health. Upon receipt of this report the local board of health shall carefully examine the same, and if satisfied that the said attending physician shall have taken all necessary and desirable precautions to insure the safety of all persons living in the house or apartments occupied by the consumptive, and to insure the safety of the people of the State of Maryland, the said local board of health shall issue an order on the State Board of Health in favor of the attend- ing physician for the sum of one dollar and fifty cents, to be paid by the State Board of Health out of the fund hereinafter provided. If the precautions taken by the attending physician are, in the opinion of the local board of health, not such as will remove all reasonable danger or probability of danger to the persons occupying the said house or apartment, the local board of health shall return to the attending physician the report blank with a letter specifying the additional precautions which they shall require him to take; and the said attending physician shall immediately take the additional precautions specified and shall record and return the same on the original report blank to the local board of health. It shall further be the duty of the local board of health to transmit to the physician reporting any case of pulmonary or laryngeal tuberculosis a printed requisition, from which shall be prepared by the State Board of Health and issued in sufficient number to any local board of health upon due requisition of the latter. Upon this requisition blank shall be named the materials kept on hand by the local board of health for the prevention of the spread of the disease, and it shall be the duty of the State Board of Health to pur- chase such supplies as it may deem necessary from the fund hereinafter provided, and to supply them to any local board of health upon due requisition of the latter. Any physician may return a duly signed requisition to the APPENDIX B. 1267 local board of health for such of the specified materials and in such amount as he may deem necessary in preventing the spread of the disease, and all local boards of health shall honor, as far as possible, a requisition signed by the attending physician in such case. It shall be the duty of every local board of health to transmit to every physician reporting any case of pulmonary or laryngeal tuberculosis, or to the person reported as suffering from this disease, provided, the latter has no attending physician, a circular of information prepared and printed by the State Board of Health and which shall be furnished in sufficient quantity to every local board of health on due requisition of the latter. This circular of information circular in- shall inform the consumptive of the best methods of cure of his disease and of the precautions necessary to avoid transmitting the disease to others. 1904, ch. 399, Sec. 4. 4 . Any physician or person practicing as a physician who shall fail to execute the duties prescribed by this Act, making false statements. or who shall knowingly report as affected with pulmonary or laryngeal tuberculosis any person who is not so affected, or who shall wilfully make any false statement concern- ing the name, age, color, sex, address or occupation of any person reported as affected with pulmonary or laryngeal tuberculosis, or who shall certify falsely as to any of the precautions taken to prevent the spread of infection, shall be deemed guilty of fraud, and on conviction thereof shall be subject to a fine of one hundred dollars, or to imprisonment not exceeding six months, or both fine and penalty, imprisonment, in the discretion of the court. 1904, ch. 399, Sec. 5. 5. The State Board of Health shall prepare and keep on state Board of hand all the circulars, blanks and printed matter required Ksue^prTnted by the preceding section and all additional printed matter necessary in executing the provisions of this Act, and shall issue the same in sufficient quantity to the local boards of health upon due requisition of the latter; and the 1268 APPENDIX B. said State Board of Health shall further purchase and issue upon due requisition to the local boards of health the supplies required by the provisions of this Act. For the purpose of defraying the expenses of printed matter and postage, for recompensing physicians for measures of prophylaxis, and for purchasing and issuing the supplies necessary in carrying out the provisions of this Act, the sum of five thousand dollars annually or as much thereof Annual appro- as may be necessary is hereby appropriated, payable by the Treasurer of the State upon warrant of the Comptroller at such times and in such sums as may be authorized by the State Board of Health upon presentation of the proper voucher. APPENDIX C. 1269 APPENDIX C. Primary Election Law for Baltimore City.** Selection of Candidates and Delegates. 1. Political parties required to con- form to provisions hereof; when names of candidates shall not be placed on ballot; nomination of candidates by direct vote; or, by conventions; delegates to conventions; date of primary elections; notice of primary elections; voting places; books of registry; bal- lots to be prepared; names of candidates to be printed on; requirements in relation to; delegations, certificates of ; when to be filed ; sample ballots; expenses of elections hereun- der; votes, countingof ; position of names on ballots; challeng- ers; sets of ballots required; affiliation of voters; poll books; offences; law not to apply to congressional or other national elections; exceptions Primary Elections for Mayor, Com- troller, and President of the Second Branch and Members of City Council. 2. Election day; “party affilia- tion’’; voter not required to state party affiliation ; when stated may only vote at primary election of that party and no other; voter may at subsequent registration have entry of party affiliation made, altered or stricken out ; duty of board of registry. Supervisors of Elections. 3. Additional compensation for; clerical assistance, additional compensation for; payment by city of such expenses. SELECTION OF CANDIDATES AND DELEGATIONS. 1902, ch. 296 (Sec. 152). 1904, ch. 682 (Sec. 152). 1 . Political parties which, at the general election held Political par- on November 3, 1903, polled ten per cent, of the entire to conform to vote cast in the State, shall hereafter nominate their hereof, candidates for public office, and shall elect all delegates to conventions, or managing bodies in said political parties, and all precinct, ward, city and county executives or executive committees, not appointed by party conventions, whenever the political party usage provides for such executives or committees, by means of primary elections **Note. — A s to power of Eegislature to regulate primary elections, see Kenneweg v. Allegheny Co., 102 Md. 119. 1270 APPENDIX C. Candidates conducted Under the provisions of this Act, and not other- JiSd on’"^ wise, and the several Boards of Supervisors of Elections shall not print on the official ballot to be voted at any general or special election to be hereafter held, the names of any candidates of any of said parties who shall not be so nominated, and whose nominations shall not be certified to them or to the Secretary of State, as having been so by nominated. Such candidates may be nominated by direct direct vote. (July registered voters belonging to or acting with such parties in every precinct, ward, councilmanic, legislative, congressional and election district in Baltimore Or. by conven- city and the several counties, respectively, or they may be nominated by city, county or district conventions, the delegates to which shall be elected at primary elections duly held in precincts, wards, election, councilmanic, legislative, congressional and judicial districts, or they j may be nominated by State or other conventions composed of delegates elected by city, county, councilmanic, legis- < Delegates to lativc, judicial or congressional district conventions, the | conventions, (jg^gg^tes to which last mentioned several conventions shall have been elected at said primary elections, as shall ’ be determined from time to time by the State Central ; Committee or other governing body of said political • Date of prim- partics. Said primary election shall be annually held on a 1 ary elections fixod for Baltimore city and the several counties, \ respectively, by an agreement between the governing | bodies of said parties not later than the third Monday of i September in each year. The day for holding such primary elections need not be the same in Baltimore city and in the several counties, but on or before the above named date, be held in Baltimore city and in the several counties upon days which shall be so agreed on, and in case such governing bodies shall fail to agree on the day for holding said primary elections, either in the City of Baltimore or in any of the counties, they shall be held in said city, and in said counties on the third Monday of Notice of prim- ggpi^gjuber ill oach year. Notice shall be given of the ary elections. i i i times and places of holding said primary elections by the several Boards of Supervisors of Elections in the same ^ way precisely as notice is required to be given for munici- PRIMARY ERECTIONS FOR BALTIMORE CITY. 1271 pal and county elections held under the provisions of Article 33 of the Code of Public General Laws, and there shall be at every primary election a voting place in each precinct or election district, which shall be selected as provided in section 11 of this Article, and furnished in the same manner as at a general election. They shall be con- ducted under the control of the several Boards of Super- visors of Elections, by the judges and clerks of elections appointed by them under the provisions of said Article 33 for the conduct of elections held thereunder in Baltimore city and the several counties. The books of registry Books of shall be furnished to the judges at each polling place, and shall be used at such elections in the same way as they are now used at municipal and county elections held under the provisions of said Article 33. In the books of registry, to be hereafter prepared for use in Baltimore city, a column headed “Voted at Primary Elections'' shall be used, in which column such word “Voted," or letter “V," shall be hereafter entered at the primary election at which such registry shall be used; in the counties, until new books of registry shall be required to be prepared according to existing law, the present books of registry shall be used, and the judges shall therein make a column headed “Voted at Primary Election of ," and enter in like manner therein the word “Voted" or the letter “V." Persons arriving at the age of twenty-one years after the closing of the next preceding registration, and entitled to be registered as qualified voters, shall be entitled to vote, upon proving under oath, to the satisfaction of a majority of the judges of election their right to registration in the Baiiots to be precinct at which they shall claim the right to vote. Ofhcial ballots shall be prepared for such primary elections by the several Boards of Supervisors of elections, as is now provided by said Article 33, and said several Boards of Supervisors shall print on said official ballots the names of Names of can- all candidates and the names of all delegates to any con- pH,uld vention or nominating convention, who shall become duly hi reSSiTtS qualified by the payment of the amount herein named, and shall have filed a certificate in writing containing the name of the person seeking a nomination, his residence, his. 1272 APPENDIX C. business, his address, the office for which he seeks to be nominated, and the party to which he belongs; and the certificates of. certificate for delegations to contain the names of each person or delegate, his residence, his business, his address, the convention to which the delegation seeks to be elected, and the party to which the members of the delegation belong, and acknowledged by the candidate where the certificate is filed by a candidate seeking a nomination, and by a member of a delegation on his part, and on the part of the delegation, when filed on behalf of a delegation before an officer duly authorized to take acknowledgments, who shall append a certificate of such acknowledgment. ^ All such certificates must be filed and payments made not less than fifteen days before the day or days of said several primary elections. The names of the several candi- dates or of the several delegates to be elected at said primary election to any convention or nominating conven- tion shall be published two days before said election, in the mode prescribed in section 44 of said Article 33, as far as practicable. It shall not be necessary to print sample Sample ballots, cards of instruction for such elections, but either or both shall be printed by the Board of Supervisors of Elections of the city of Baltimore or counties of the State, respectively, when requested by any candidate or delegate, said request to be accompanied by a sum of money neces- sary to cover the cost of printing. Each candidate for nomination for public office at a primary election shall pay the sum of twenty-five dollars, and each delegation to a nominating convention shall pay the sum of five dollars upon filing their certificate with the Supervisors of Elec- tions, and the said Board of Supervisors shall pay over the amount so received to the Mayor and City Council of Balti- more City, and the County Commissioners of each county. Expenses of and all the expenses of holding said elections shall be paid L^reinder. by the Mayor and City Council of Baltimore and the County Commissioners, respectively, precisely as the expenses of State, city and county elections are now paid under existing law. If such nominations are to be made by conventions, as hereinbefore provided, every candidate, having complied with the prerequisites, shall have the privi- PRIMARY ELECTIONS FOR BALTIMORE CITY. 1273 lege of having his name placed on the official ballot; before the name of that set of delegates selected by him or run- ning in his interest, and every vote cast for said candidate by marking in the square opposite his name, in the manner and form provided by this Article shall be construed and counted for his entire set of delegates,- unless there is a mark opposite any name in his set of delegates in which event only those names in that particular set of delegates marked in the square opposite shall be counted as having been voted. Whenever the name of any candidate is so placed upon the Position of ballot, the candidate’s surname shall determine his place taiiots. upon the alphabetical arrangement as hereinbefore pro- vided in this Article, upon said ballot, and the names of his delegates shall follow immediately after his name in such order as submitted to the Board of Supervisors of Elections. Ballots shall be cast, counted and canvassed, and the result of the election announced and certified, as now provided by said Article 33, for elections held there- under, and the said elections shall be held and conducted in the manner and form provided by this Article for general elections, and subject to all the regulations, requirements and provisions as prescribed by this Article for general elections, in so far as the same is applicable to said primary elections. Challengers and watchers repre- challengers, senting the candidates shall be allowed to be present at the several voting places during the voting and counting of the ballots, as provided in said Article 33. As many different sets of baiiots sets of official ballots shall be printed and supplied at each polling place, and as many ballot boxes shall be used at each polling place as there are separate party nominations to be voted for, and to prevent voters belonging to or act- ing with one political party from inadvertently or inten- tionally casting their ballot for the candidates for nomination or election as delegates to any nominating convention or any other party, the ballots of the several parties shall be printed upon paper of different colors, Affiliation of and until after the next general registration, every person offering to vote, shall be required to state to which party he belongs, and which party’s candidate he intends to vote for at the State, city or county election, and he 1274 APPENDIX C shall be supplied only with the official ballot prepared for the candidates of such party, excepting as hereinafter Poll books, provided for Baltimore city. As each voter’s name shall be entered in the poll books kept by the two clerks of election, there shall be entered opposite his name the name of the party whose candidates he votes for. The pro- visions, all and singular, of sections 33 to 109 of said Article 33, both inclusive, and the offences defined and the penalties and punishments prescribed therefor in said sections shall be fully applicable in all respects to the same persons, matters, acts and omissions in connection with or pertaining to the primary election held under this Article, sub-title “Primary Elections,” and said sections are hereby made applicable to all primary elections pro- vided for and held hereunder, and any judge, clerk or other officer of any primary election, or any voter or other person who would be deemed guilty of any offence against the general election law, or any provisions thereof, in a general election, who is found guilty of the same offence in any primary election, as herein provided for, shall be deemed guilty of the same crime of which his offence is made to consist by and under the general elec- tion law, and particularly under the abovementioned sec- tions thereof, and shall be liable to the same punishment or penalty as is prescribed for such offence by the general Eaw not to election law or by any of said sections thereof ; provided, |?es5oSai°or that none of the provisions of this Act relating to the ai ejections” holding or conduct of primary elections, shall be applicable noted herein, to primary elections for the nomination of Congressional candidates in Congressional districts, which are now or shall be composed partly of counties and partly of portions of Baltimore city; nor is the selection of delegates to the National Nominating Convention of any political party subject to the provisions hereof, nor is the selection of delegates to State, legislative or Congressional district conventions called for the purpose of choosing delegates to said National Convention, and for nominating Presi- dential Electors;* and provided, further, that the primary ‘Notb:. — The act seems defective in verbiage at this point. PRIMARY ELECTIONS FOR MAYOR, ETC. 1275 election law in force in Baltimore City prior to the passage of this Act, shall continue in force, and shall apply only to primary elections for Congressional candidates held in those portions of Baltimore City which form a part of, and are embraced in the Second and Fifth Congressional Districts. PRIMARY ELECTIONS FOR MAYOR, COMPTROLLER AND PR ESI DENT OF THE SECOND BRANCH AND MEM- BERS OF CITY COUNCIL. 1902, ch. 296, (Sec. 153). 1904, ch. 682, (Sec. 153). 1906, ch. 182, (Sec. 153). 2. Primary Elections for Mayor, Comptroller, Presi- dent of the Second Branch City Council and members of the City Council of Baltimore shall be held in all respects according to the foregoing provisions, except that the day for holding the same shall be the first Tuesday of April of Election day. the year in which the municipal elections in said city of Baltimore are to be held, and at every general registra- tion held in Baltimore city, subsequent to the passage of this Act there shall be provided in the registration books an additional column, headed “Party Affiliation’', and fhe “p^tfation ” board of registers shall enter in this column the name of the political party, if any, to which the voter is inclined and with which the voter desires to have himself recorded as affiliated. It shall be the duty of the board of registry to explain to each voter that the statement of such party affiliation does not bind him to vote for the candidates of such party at any given election; also that he has the right voter not re- to decline to state any party affiliation, but that no one stTtepany who is not recorded upon the registry as affiliated with a particular political party will be qualified to vote at subse- quent primary elections of said political party. Whenever a voter declines to state his party affiliation, the word “Declined” shall be written opposite his name under such column, so that there shall be written in such column opposite the name of every registered voter either his party affiliation or the word “Declined”. And in all primary elections thereafter held, any person so registered as affiliated with a given political party shall have the 1276 APPENDIX C. Right of per- right to recei V6 and vote the official ballot of that party sons to vote i i j. when and ot no other. And at any intermediate registration as affiliated. subsoQuent to the close of the next general registration such voter may appear before the board of registry, and upon his identity being established to the satisfaction of the majority of the board of registry he shall have the right to require the said board of registry to make, alter or strike out any entry in the column headed “Party ■^ofS*tri?s. Affiliation’^ opposite his name in the registry. It shall be the duty of the board of registry to enter in the column headed “Remarks” the fact that such entry was made, altered or stricken out, and the date thereof. SUPERVISORS OF ELECTIONS. 1902, ch. 296, (Sec. 154). 3 . For the performance of the duties imposed upon ^cpmpensV them by this Act, the Supervisors of Elections of Baltimore tion for. shsiW be entitled to receive, in addition to the annual salary of fifteen hundred dollars allowed them by section 2 of Article 33, the further annual salary of one thousand dol- lars each ; and the Supervisors of Elections of the several counties, in addition to the annual salary of one hundred dollars each allowed them by section 2 of said Article 33, shall be entitled to receive an additional compensation, to be paid by the County Commissioners of the several counties, amounting to fifty per cent, of the salary now received by them under said section in the counties not excepted from the operation of this law, and such further sum for expenses incurred in the performance of the duties imposed on them by this Act as the said several boards of County Commissioners shall allow. The Super- ciericai visors of Elections of Baltimore city, in addition to the SdftffinS’ sums allowed to them by section 6 of said Article 33, as tfon compensation for their clerk and messenger and other o?^EieS?ons. temporary assistance, such as is mentioned in said section 6 of said Article 33, shall be allowed the further sum of fifteen hundred dollars ; and the Supervisors of Elections of the several counties shall be entitled to receive for such additional clerical or other assistance as they may need for SUPERVISORS OF ELECTIONS. 1277 the performance of the duties imposed upon them by this Act, a sum not exceeding fifty per cent, of the present salary for that purpose in the counties not excepted from the operation of this law. All of said expenses shall be ^cuTo/such paid by the Mayor and City Council of Baltimore and the expenses. County Commissioners, respectively, in precisely the same way as the salaries of the said Supervisors of Elections of Baltimore city and in the several counties, and as other expenses of every kind mentioned in said sections 2 and 6 of said Article 33 are provided to be paid. APPENDIX D. 1279 THE UNITED RAILWAYS AND ELEC- TRIC COMPANY OF BALTIMORE CITY.” An Analytical Statement Showing the Corporate Ori- gin OF THE United Railways and Electric Com- pany FROM Consolidations of its Various Constituent Companies. By articles of agreement contained in a certificate of consolidation filed in the office of the Secretary of State at Annapolis, March 4, 1899, it is declared that the United Railways and Electric Company of Baltimore city is formed by a consolidation of the following consolidated and inde- pendent named street railway corporations: — A* *. THE UNITED RAILWAY AND ELECTRIC COMPANY. A consolidation of — (a) Baltimore City Passenger Railway Company, (h) Baltimore and Northern Electric Railway Company. **Note. — For references to the various ordinances and resolutions heretofore passed by the Mayor and City Council of Baltimore relating to the United Railways and Electric Company and its constituent com- panies, see, ante, pages 1036 to 1039, inclusive. *Note. — See, testimony of Wm. A, House, General Manager of the United Railways and Electric Company, February 8, 1901, in re U. Rys. and Elec. Co. v. The Maryland Trust Co., trustee, in the Circuit Court No. 2, of Baltimore City, Record A, 1901, p. 31. See, deed from various •constituent companies of U. Rys. and Elec. Co. to said U. Rys. and Elec. Co. dated March 14, 1899, and recorded among Land Records of Balti- more city in Liber R. O. No. 1776, fol. 305, etc. 1280 APPENDIX D. B. THE BALTIMORE CONSOLIDATED RAILWAY COMPANY. A consolidation of — (a) Baltimore Traction Company. (h) City and Suburban Railway Company. (c) Lake Roland Elevated Railway: Company. C. THE CENTRAL RAILWAY COMPANY. D. BALTIMORE, GARDENSVI LLE AN D BELAIR ELECTRIC RAILWAY COMPANY. E. BALTIMORE, CATONSVILLE AND ELLICOTT’S MILLS PASSENGER RAILWAY COMPANY. ( T/ie purchaser of a corporation of the same name under foreclosure) . F. THE MARYLAND TRACTION COMPANY. G.* BALTIMORE AND CURTIS BAY RAILWAY COMPANY. H. GWYNN’S FALLS RAILWAY COMPANY. I.* SHORE LINE ELECTRIC RAILWAY COMPANY. J.* PIMLICO AND PIKESVILLE RAILROAD COMPANY. K.* WALBROOK, GWYNN OAK AND POWHATAN RAIL- ROAD COMPANY. *NoTE. — S tock of these companies owned by Baltimore Traction Com- pany. — See^ certificate of consolidation forming Baltimore Consolidated Railway Company, filed at Annapolis, oflSce of Secretary of State, July 17, 1897, Corporations Record foL 124, etc. U. RYS. AND elec. CO. — CONSTITUENT CORPORATIONS. 1281 ORIGIN OF THE CONSTITUENT CORPORATIONS. A THE UNITED RAILWAY AND ELECTRIC COMPANY. {This company owns stock of Towson Railway Company'). {f., OU, 70, 94,95 1127-1128 certificates of, record to be kept. App. A, Sec. 1 1236 clerk to Commissioners for Opening Streets to preserve copies of notices and cer- tificates of publication. Acts, Sec. 173 190 deposit of proceedings for grading, paving, etc . , streets. Ords., Art. 35, Sec. 68 1116 deposit of proceedings in street openings. Acts, Sec. 177 195 franchises, applications for. Acts, Sec. 10 97 German paper to publish city advertisements: selection of such paper. Ords., Art. 1, Sec. 43 585 grants and franchises, pub- lication by Comptroller. Acts, Sec. 10 97 ordinances relating to open- ing, etc., streets. Acts, Sec. 828 522-523 Sec. 829 523 Sec. 831 524 pawnbrokers, list of licensed pawnbrokers. Ords., Art. 41, Sec. 35....1209 payment of newspaper adver- tising. Ords., Art. 1, Sec. 28.... 579 proposals for grading, paving, etc., on application of own- ers. Ords., Art. 35, Sec. 56 . .1110 proposals from contractors. Acts, Sec. 14 98 sale of property assessed for benefits in street opening, closing, etc. Acts, Sec. 182 199 sales of property by Comp- troller. Ords., Art. 38, Sec. 37 1170 tax sales, sale of property to be advertised. Acts, Sec. 43 123 Notice, application for ordinances to construct sewer, etc. Acts, Sec. 821 506 assessments for grading, etc. ; notice of review. Ords., Art. 35, Sec. 67....1115 before acting under ordinance to construct sewer, etc. Acts, Sec. 822 506 footways, notice relating to filling up. Ords., Art. 35, Sec. 21 1098 licenses for vehicles, boats and scows; notice as to num- bers, etc. Ords., Art. 41, Sec. 84....1227 meetings of Burnt District Commission. App. A, Sec. 8 1242 owner to repair footways. Ords. ,Art.35,Sec.20..1097-1098 owners to select paving. Ords..Art.35,Sec.78..1120-1121 resale by City Collector for Burnt District Assessments. App. A, Sec. 15 1251 sale for assessments by Burnt District Commission. App. A, Sec. 14 1251 sale of market stalls. Ords., Art. 23, Sec. 20.... 925 nuisances in private streets, notices to owners. Ords., Art. 35, Secs. 86,. .1123 88 1124 ADVERTISEMENTS . AEMSHOUSE . 1294 ALIENATIONS OF PROP-^^^^ ERTY, Page ADVERTISEMENTS -(Cont’d) . payment of taxes, notice to taxpayers. Acts, Sec. 51 128 sales of chattels for taxes, notice to be published. Acts, Sec. 49 127 tax sales, notice of, to be pub- lished. Acts, Sec. 42 122 ADVERTISING SIGNS AND FENCES, See ‘ '' Buildmgs; ’ ’ ‘ 'Fences ’ ’ 626-627 AFFIDAVIT UNDER PRAC- TICE ACT, See " Courts F • Acts, Sec. 313 267-268 AFFILIATION OF VOTERS, when required to be stated, effect of. App. C, Secs. 1,2....1273-1275 1276 AGENTS OF WATER BOARD, penalty for refusing entry to. Ords., Art. 40, Sec. '12....1181 AGREEMENTS, landlord .and tenant’s agree- ment as to notice to quit. Acts, Sec. 851 550 AISLES OF BUILDINGS, See "‘Buildings;'’'' "Inspector of Buildings . ’ ’ amusement halls, etc., aisles to be kept clear, and exits opened after each perform- ance. Ords., Art. 25, Sec. 35 970 AISLES OR PASSAGE- WAYS, obstruction of, in buildings of public assemblage. Acts, Sec. 280 251-252 See "Fire Department," ALARMS OF FIRE, police to turn in. Ords.., Art. 11., Sec. 47.... 752 See ‘ 'Assessment of Property'’ ’ and "Appeal Tax Court." .. 183 clerks of courts to furnish lists of to Appeal Tax Court. Acts, Sec. 165 182 inquiry of Appeal Tax Court, respecting. Acts, Sec. 156 178 reduction of assessments, on account of. Acts, Sec. 156 178 ALIENEE OF PROPERTY, to be assessed. Acts, Sec. 166 183 ALL NIGHT CARS, hours during which same are to be run. Ords., Art. 30, Sec. 22.. 1022 1023 street railway lines on which cars are to be run. Ords., Art. 30, Sec. 22..1022 1023 ALLEGATIONS IN SALES UNDER DECREES, Acts, Sec. 724 436 ALMSHOUSE, admission of indigent dis- tressed persons. Acts, Sec. 108 160 by-laws and rules. Supervi- sors to make. Acts, Sec. Ill 160 disorderly inmates. Acts, Sec. 112 160 erection and regulation of. Acts, Sec. 6 54 poor, care of, outside alms- house. Acts, Sec. 106 158 purveyor of provi.sions to, bond of. Acts, Sec. 116 162 transfer of prisoners from city jail. Acts, Sec. 143. 169 AI.MSHOUSE. ANIMAL OFFAL. Page 1295 Page ALMSHOUSE— (Cont’d) . superintendent of — accounts, annual report. Acts, Sec. 114 161 — appointment, salary. Acts, Sec. 113 161 — bond of. Acts, Sec. 113 161 — disorderly inmates, re- port to Supervisors of City Charities. Acts, Sec. 112 161 — list of persons com- mitted to almshouse. Acts, Sec. 114 161 ALTERATIONS AND RE- PAIRS TO BUILDINGS, See '‘'‘Buildings.'''' Ords., Art. 3, Sec. 11-12, 603-604 AMBASSADORS, MINIS- TERS, CONSULS, exemption from immigrant regulations. Acts, Sec. 531 336 AMBULANCES, See "Hospitals.''' Ords., Art. 16, Secs. 14-16 873 AMERICAN FLAG ON PUB- LIC BUILDINGS, raising on holidays and Me- morial Day. Ords., Art. 28, Sec. 6....1C06 AMERICAN FLAG ON SCHOOLS, authority to purchase flag for each school; when to be raised. Ords., Art. 32, Sec. 7 1045 AMUSEMENT HALLS, ETC., aisles to be kept clear and exits opened for each audi- ence. Ords., Art. 25, Sec. 35.... 970 AMUSEMENTS, balls, licenses for. Ords., Art. 41, Sec. 11 199 balls, rates of charge for li- censes for. Ords., Art. 41, Sec. 12....1199 AMUSEMENTS— (Cont’d) . billiard and bagatelle tables ; licenses for. Ords., Art. 41, Sec. 3 1196 bowling alleys— license for. Ords., Art. 41, Sec. 4 1197 — property owners to assent to opening of. Ords., Art. 41, Sec. 5 1197 flying horses, whirligigs, etc., license for. Ords., Art. 41, Sec. 10. ...1199 license and regulation of. Acts, Sec. 6 86 musical parties, license for. Ords., Art. 41, Sec. 13 1200 shuffle boards, license for. Ords., Art. 41, Sec. 6 1197 theatres, etc., annual license fee. Ords., Art. 41, Sec. 9 1198 theatres, license for. Ords., Art. 41, Sec. 8 1198 theatrical performances, li- cense for. Ords., Art. 41, Sec. 7. ...1197 ANALYSIS OF SPRING WATER, Commissioner of Health to have analysis made; record; notice to Water Engineer. Ords., Art. 14,Sec.l27..834, 835 ANALYSTS, See' '‘Inspectors and A nalysts. ’ ’ ANALYSTS AND CHEMISTS, See "Health''' under "Food and Food Products. ’ ’ Ords., Art. 14, Sec. 61 814-815 ANATOMY, See "Dead Bodies.'''' ANATOMY, MUSEUMS OF, display or exposure of any part of, on streets, penalty. Ords., Art. 25, Sec. 62....977-8 ANIMAL OFFAL, factories using, not to be erect- ed; penalty. Ords., Art. 14, Sec. 77.... 820 ANIMALS. ANNUAL. 1296 Page ANIMALS, removal of dead animals. Ords., Art. 36, Sec. 11 1144 ANNE ARUNDEL COUNTY, Light street bridge — joint maintenance of. Acts, Sec. 6 83 ANNEX, See '‘‘‘Grading, Paving etc. Streets d' ‘ ' Streets and City Engineer' ’ and ‘ ‘ Topo- graphical Survey." assessment of taxes in. Acts, Sec. 4 dedication of streets in. Acts, Sec. 193 43 202 Page ANNEXATION ACT— (Cont’d). effect of Charter on. Acts, Sec. 3 42 terms of defined. Acts, Sec. 4A 44 expenditures for improve- ments in. Acts, Sec. 4 43 “Landed property” defined. Acts, Sec. 4A 44 maps and plans of streets in; preparation and effect of. Ords., Art. 39, Secs. 5-7 1173-1174 new station-houses in; sites to be acquired; erection of. Acts, Secs. 786-787-788.... 487 numbering houses in . Ords., Art. 39, Secs. 8-11 1174 plan of streets in — effect of maps and plans of Topo- graphical Survey. Ords., Art. 39, Secs. 5-7.. 1173-1174 plans for streets of, adopted. Ords. Art. 39, Sec. 5 1173 undeveloped property, tax rate on. Acts, Sec. 4 43, 44 taxation — county rate of tax- ation to apply in until 1900. Acts, Sec. 4 43 topographical survey of. Ords., Art. 39, Sec. 1 1171 ANNEXATION ACT, construction of terms of. Acts, Sec. 4A note 44 turnpike and toll road com- panies — effect of Act on. Acts, Sec. 5 45 turnpikes, effect of Act on. Acts, Sec. 3 note 42 ANNEX FOOTWAYS, See '‘‘‘Footways' 'and'' '‘Streets and City Engineer. ' ' construction and repair of. Ords., Art. 35, Sec. 29. ...1101 grading of. Ords., Art. 35, Sec. 30 1101 notice to owners to construct or repair. Ords., Art. 35, Sec. 29..-1101 ANNEX IMPROVEMENT ACT, condemnation of railway fran- chises in streets of Annex. Acts, Sec. §800b 495 ANNEX IMPROVEMENT COMMISSION, See "Streets, Bridges and Highways" and "‘Streets and City Engineer. ' ' duties of, to be performed by Commissioners for Opening Streets; note 1117-1118 ANNUAL APPROPRIA- TIONS, See "Estimates for Annual Appropriations', ’ ’ ‘ 'Appro- priations'," "Ordinance of Estimates" and '‘'Board oj Estimates. ' ' New Sewerage Commission to estimate cost and expense annually to Board of Esti- mates. Acts, Sec. §824f 515 ANNUAL LEVY. APPEALS. 1297 Page ANNUAL LEVY, See ''Appeal Tax Court • ‘ Assessment of Taxes ’ ’ and " Taxes. Acts, Sec. 40 Acts, Sec. 171 188-189 basis of, to be valuation of taxable property on the first day of October. Acts, Sec. 171 188 Comptroller to charge City Collector with. Ords., Art. 6, Sec. 3 699 ANNUAL LEVY FOR PO- LICE EXPENSES, Acts, Sec. 747 459 ANNUAL REPORTS, See "under various titles oj city officials. ’ ’ Board of Fire Commissioners to make. Ords., Art. 11, Sec. 5 737 City Engineer’s report. Ords., Art. 35, Sec. 2 1092 City Librarian. Acts, Sec. 197 203 Acts, Sec. 199 206 heads of departments to make to Mayor. Acts, Sec. 24 104 McDonogh Fund, trustees to make to Mayor and City Council. Ords., Art. 22, Sec. 7 911 Mayor’s report. Acts, Sec. 22 102 trustees of Special Police Fund. Acts, Sec. 776A 475 Visitors of Jail to make. Acts, Sec. 134 166 Water Board to make to City Council. Ords., Art. 40, Sec. 2....1178 Water Board and Water En- gineer’s report. Ords., Art. 40, Sec. 2 1178 Page ANNUAL REPORTS— (Cont’d). Water Engineer, report to City Council. Ords., Art. 40, Sec. 2.... 1178 when to be made. Ords., Art. 1, Sec. 36 582 ANNUITIES, investment of sinking fund monies in. Ords., Art. 34, Sec. 16.. ..1082 APARTMENT HOUSES AND HOTELS, fire gongs in (^See "Fire."^ APARTMENTS OF CON- SUMPTIVES, See "Communicable Diseas- es." prevention of contagion in. App. B, Sec. 3 1266 APPARATUS FOR TESTING GAS METERS, See "Lamps and Lighting." purchase of. by Superintend- ent of Lamps and Light- ing. Ords., Art. 20, Sec. 6 895 APPARATUS OF FIRE DE- PARTMENT, See "Fire Department." Ords., Art. 11, Sec. 14.... 741 APPEAL BONDS, See "Bonds." executed by Mayor in cases of litigation in which city is concerned. Ords., Art. 1, Sec. 1 571 APPEALS, See "Appeals from Assess- ments; ’ ’ ‘ 'Appeal Tax Court;" "Buildings;" ‘ ‘ Commissioners for Open- ing Streets;" "Condemna- tion of Property;" " Land- lord and Tenant" and ' ' Open ing , Closing, etc . , Streets. ’ ’ APPEALS. 1298 Page appeals. APPEALS— (Cont’d). Arbitration Committee of Corn and Flour Exchange, — from decisions of. Acts, Sec. 228 230 Page APPEALS— (Cont’dE Behalf of City, when and by whom instituted. Acts, Sec. 66 136 building permits, from re- fusal of Appeal Tax Court to issue. Acts, Sec. §280a 253 City Council, expelling mem- bers. Acts, Sec. 217 215 City Solicitor to direct appeals to be taken. Acts, Sec. 66 136 condemnation proceedings — for esplanades, etc., in. Acts, Sec. 6 49 — relating to water. Acts, Sec. 6 90 dispossession of tenants, in proceedings for. Acts, Secs. 861-863 552-553 Condemnation Proceedings, City Court to hear and deter- mine. Acts, Sec. 320 272 city to have right of appeal. Acts, Sec. 320 270 practice and procedure in Bal- timore City Court. Acts, Sec. 320 272 Justices of the Peace, costs in trial of. Acts, Sec. 389 294 trial of, in Baltimore City Court; costs. Acts, Sec. 319 271 elevators, orders of Inspector of Buildings. Ords., Art. 3, Sec. 73.... 626 Jones’ Falls condemnation proceedings. Acts, Sec. 6 59 recovery of penalties for viola- tions by owners of hackney carriages. Acts, Secs. 288-289 256 squares, springs, monuments. Acts, Sec. 6 70 steam, gas, etc., engines and machinery, — orders of In- spector of Buildings. Ords., Art. 3, Sec. 143 655 Superintendent of Lamps and Lighting, decisions in test- ing meters. Ords., Art. 20, Sec. 8 896 Assessments, See Appeal Tax CourtT Acts, Sec. 147 171 Acts, Sec. 170 184-187 Opening etc.. Streets, consolidation of, {See' ^Com- missioners for Openinp- Streets. ’ ’ ) Acts, Sec. 6 72 Acts, Sec. 179 196 Paving Commission, provi- sion for. Acts, Sec. §841q 543 allegations necessar}^ in peti- tion. Acts, Sec. 170 184 appeals from decision of State Tax Commissioner by city. Acts, Sec. §170a 187-188 —grounds of, to be. stated 187 — decision of Comptroller of Treasury to be final ^188 — when appeal shall be taken 187 — Comptroller of Treasury to hear and determine. Acts, Sec. §170a 187-188 Burnt District Commission assessments. App. A, Sec. 12 1248 APPEALS. APPEAL tax court. 1299 Page Page APPEAL TAX COURT— (Cont’d). APPEALS— (Cont’d). grading, paving, etc. Acts, Sec. 6 75 Art. 35, Sec. 96 1128 — tax for — appeal from. Acts, Sec. 6 — 77-78 paving, etc. Ords., Art. 35, Sec. 68.— Ili6 sewers; opening and con- structing same; jury trial of. Acts, Sec. 818 504-505 APPEAL TAX COURT, See '‘'‘Appeals;" '‘'Appeals from A ssessments; ' ' ‘ 'Assessmefits; ’ ’ '‘'‘Assessments for Taxes'"' City Collector ’ and ' ' Taxes. ’ ’ Art. 38. Sec. 1-16 1154-1161 abatement of assessments, account of. Ords., Art. 38, Sec. 5 1157 — encouragement of manufactures. Acts, Sec. 6 85 — hearing of applications for. Ords,, Art. 38, Sec. 14. .1161 — not to be made on real Ords’., Art. 38, Sec. 11.1160 — when taxes uncollectible. Ords., Art. 38, Sec. 4 1156 abatements of taxes, where taxes have been paid. Ords., Art. 38, Sec. 5 1157 advertisement of applications for permits. Ords., Art. 38, Sec. 21 1163 alienation of property, chan- cery sales, decrees and judgments— clerks to report. Acts, Sec. 165 182 alienations of property. — in- quiry and allowance for. Acts, Sec. 156 178 alteration and correction of assessments. Acts, Sec. 167 183 appeals from assessments. Acts, Sec. 170 184-187 — allowance to petitioner if assessment excessive.... 186 — appeal to be by petition 184 — averments necessary in petition 184 — appeal to Court of Appeals 187 — hearing of appeals 185 — increase of assessment 187 — judgment of City Court 187 — when final 186 — j ury trial, or trial b}^ court 186 — no stay of lev}' by appeal.. 186 — persons or corporation who may appeal 184 — petition by Mayor and City Council of Balti- more 184 — practice in appeals 185 — record of proceedings of Appeal Tax Court 185 — record of trial of appeals 186 —refund of erroneous as- sessment 186 — summons in trial of ap- peals 185 — when appeals shall be taken 186 appeals, hearing of. Acts, Sec. 147 171 as a court of review, note.... 171 assessment of personal prop- erty of owners moving to city. ■ Acts, Sec. 158 179 assessment of property gen- erally. — powers of the Court. Acts, Sec. 164A 181 assessment of property, wit- . nesses to appear and testify. — penalty for failure. Acts, Sec 164A 181 assessments, abatement of, when taxes uncollectible. Ords., Art. 38, Sec. 4 1156 — cases cited, note 118 — correction of errors and deductions for losses Ords., Art. 38, Sec. 6....1157 — court to correct account and assessments of property. Acts, Sec. 147 171 — duty before increasing. Acts, Sec. 150 172 APPBAI, TAX COURT. appear tax court. 1300 APPEAL TAX COURT— (Con^^dX — new improvements. Ords., Art. 38, Sec. 10....1159 — newly assessed property. Ords., Art. 38, Sec. 14 1160-1161 — procedure in fixing. Acts, Sec. 150 172 — report by assessors of new and increased as- sessments. Ords., Art. 38, Sec. 14 1160-1161 assessors, appointment of. Ords., Art. 38, Sec. 1.. 1154 — bond, oath, duties of. Ords., Art. 38, Sec. 1 1155 — compensation of. Acts, Sec. 149 172 — duties of. Acts, Sec. 148 171 — office for, to be provided. Ords., Art. 38, Sec. 15. ...1161 — salaries of. Ords,, Art. 38, Sec. 1 1154 — special assessors, salaries of. Ords., Art. 38, Sec. 1 ; 1154-1155 Bailiffs of City Collector, | powers of. ' Ords., Art. 38, Sec. 16 1161 bench composing head, ap- pointment. Acts, Sec. 146 170 bond of members of. Ords., Art. 38, Sec. 1 1154 buildings, permits for new structures. Ords., Art. 3, Sec. 5..600-601 building permits from, to be exhibited to police, penalty. Ords., Art. 25, Sec. 7 963 cases cited. Acts, Sec. 150 173 clerk, salary, duties. Acts, Sec. 146 170 — to transmit return of assessments to State Comptroller; penal t}' for failure. Acts, Sec. 162 180 clerks — appointment of, duties of, oath of, salaries of. Ords., Art. 38, Sec. 2 1155 Page APPEAL TAX COURT-(Cont’d). clerks, assessors or employees, penalty for failure to per- form duties. Acts, Sec. 164B 182 Comptroller’s list of property condemned. Ords., Art. 38, Sec. 34....1168 compensation of court in relation to list of holders city loans. Acts, Sec. 155 176 Department of Review and Assessment, president of. Acts, Sec. 145 170 description of improvements to be filed. Ords., Art. 38, Sec. 20....1162 correction and revision of assessments. Acts, Sec. 148 172 correction of assessments when property is alienated. Acts, Sec. 166 183 drainage to be provided for, before permits shall be issued. Ords., Art. 38, Sec. 21 1163 employes of, appointment. Acts, Sec. 146 171 exemption of manufacturing plants, from taxes on per- sonal property. Ords.,Art.38,Sec.7....1157-1159 further duties of, may be pre- scribed. Acts, Sec. 171 189 improvements, permits for required from, penalty. Ords., Art. 38, Sec. 18 1162 Sec. 19 1162 interrogatories relative to re- vision and corrections of assessments. Acts, Sec. 157 178 lists of holders of city loans from City Register. Acts, Sec. 151 173 — to correct annually. Acts, Sec. 152 174 — when to be made. Acts, Sec. 154. 175 APPEAL TAX COURT. 1301 APPEAL TAX COURT. Page APPEAL TAX COURT— (Cont’d). list of holders of stock, pen- alty for failure to furnish. Acts, Sec. §155 a 177 manufacturing plants, etc., exemptions from taxes, arrears of taxes first to be paid. Ords., Art. 38, Sec. 8 1159 — applications for exemp- tion; to be renewed an- nually. Ords., Art. 38, Sec. 7 1158-1159 — receipted bill for taxes due to be produced. Ords., Art. 38, Sec. 9.. ..1159 — taxes on personal prop- erty; exemptions. Ords., Art. 38, Sec. 7 1157-1159 — exemptions — when not allowed. Ords., Art. 38, Sec, 7... .1158 meetings of. Acts, Sec. 157 171 monthly report of proceed- ings; date to be given in such report. Ords., 38, Sec. 13 1160 new improvements, when to be assessed. Ords., Art. 38, 10 1159 newly discovered property, assessment of. Acts, Sec. 169 184 office hours. Ords., Art. 38, Sec. 3....1156 owners moving to city to give account of personal pro- perty. Acts, Sec. 158 179 penalty for failure to appear and answer interrogatories. Acts, Sec. 157 178 permits for buildings, not to be issued until payment of taxes. Acts, Sec. §280a 253 permits to erect buildings, penalty. Ords., Art. 38,Sec 17,..1161-1162 Sec. 19 1162 Page APPEAL TAX COURT— (Cont’d). power to summon and interro- gate witnesses in assessing property. Acts, Sec. 164A 181 president of. Acts, Sec. 146 170 record of abatements. Acts, Sec. 6 85 reductions of assessments of personal property. Acts, Sec. 160 179 refunding taxes paid in error. Ords. , Art.38,Sec.5....1156-1157 refusal to issue building per- mits, appeals from. Acts, Sec. §280a 253 removal of property from city; duty of court. Acts, Sec. 160 179 report of abatements to City Council. Acts, Sec. 6 85 return day to be set and not- ice thereof given to owners before fixing assessment. Acts, Sec. 150 173 Review and Assessment, first sub-department of. Acts, Sec. 146 170 revision and correction of assessments, powers and procedure of court. Acts, Sec. 157 178 salaries of members. Acts, Sec. 146 170 shares of stock, assessments of. Acts, Sec. §155a 176-177 shares of stock of banks and incorporated institutions. Acts, Sec. §155a 176 stock debt of city — tax on prohibited. Ords., Art. 38, Sec. 12... .1160 APPEAL TAX COURT. 1302 APPROPRIATIONS. APPEAL TAX COURT— (CoM^dX summons and inquiry to aid in revision and correction of assessments. Acts, Sec. 157 178 taxable basis — preparation of statement of. Acts, Sec. 171 188-189 — statement of to be fur- nished to City Collector and Board of Estimates. Acts, Sec. 171 189 taxes charged to suspended account. Ords., Art. 38, Sec. 4 1156 — doubtful of collection. Ords., Art. 38, Sec. 4 1156 — paid in error; refunding. Ords., Art. 38, Sec. 5, 1156-1157 term of office. Acts, Sec. 146 170 transfers and corrections. Acts, Sec. 147 171 transfers of property. Ords., Art. 38, Sec. 6 1157 when court to assess personal property upon its own in- quiry. Acts, Sec. 159 179 APPEARANCE FEE, See ^'Crimmal Court." APPLICANTS FOR EXAMI- NATION, See "Police Examiners." APPLICATIONS, See "Hackney Carriages" and ' Coaches. ' ’ new lamps. Ords., Art. 20, Sec. 3.... 894 privy licenses. Ords., Art. 41, Sec. 45....1213 APPOINTMENT OF POLICE, See ‘ 'Police Commissioners. ’ ’ Page APPOINTMENTS IN FIRE DEPARTMENT, See "Fire Department." Ords., Art. 11, Sec. 4 737 APPOINTMENTS OF OFFI- CERS, City Register to keep record of. Ords., Art. 6, Sec. 23 705 APPOINTMENTS TO OF- FICE, See lender titles of various municipal officials. Assistant Superintendent of Lamps and Lighting. Ords., Art. 20, Sec. 24 901 charcoal, measurer and depu- ties. Ords., Art. 17, Sec. 24....883-4 Coroners. Acts, Sec. 294 258 keepers of standards of weights and measures. Ords., Art. 17, Sec. 4....876-7 Mayor, power of. Acts, Sec. 25 104 New Sewerage Commission — members of. Act, Sec. §824a 507 APPOINTMENTS TO POLICE FORCE, See "Police Commissioners." APPROPRIATIONS, See "Board of Estimates ; " ‘ 'Police Commissioners ’ ’ and "Special Police Fund." annual appropriations, esti- mates for. Acts, Sec. 36 115 approval and veto of, by Mayor. Acts, Sec. 23 103-104 Burnt District Commission. App. A, Sec. 29 1257-1258 communicable diseases — to prevent spread of. App. B, Sec. 5.... .1267 APPROPRIATIONS. 1303 ARBITRATION — COURT OF. Page APPROPRIATIONS-(Cont’d). fire deparment, pensions and relief of widows and child- ren. Acts, Sec, 445 307 Houses of Refuge and Refor- mation. Acts, Sec. 517-518 331-332 indigent poor, support of. Acts. Sec. 105 158 — note and cases cited. Acts, Sec. 105 158 Manual Labor School. Acts, Sec. 816 503 poor in private institutions. Acts, Sec. 106 158 Veteran Volunteer Firemen’s Association. Acts. Sec. 448 309 APPROPRIATIONS FOR IN- TEREST PAYMENTS, city stock, ordinance of esti- mates to provide. Ords., Art. 34, Sec. 9 1079 APPROPRIATIONS FOR PENSIONS, See '‘'Special Police Fund."''' APPROVAL OF BONDS, See "Bonds." APPROVAL OF CON- TRACTS, See '‘'‘Contracts." APPROVAL OF ORDINAN- CES, See "Mayor." ARBITRATION, wood — disputes relating to measurement of. Acts, Sec. 599 359 ARBITRATION COMMIT- TEE OF THE CORN AND FLOUR EXCHANGE, appeal. Acts, Sec. 228 230 authoritv and jurisdiction. Acts, Sec. 227 229 Page Arbitration Committee of the Corn and Flour Exchange — Cont’d). award by agreement final. Acts, Sec. 228 230 controversies submitted in writing. Acts, Sec. 226 228 copies of award, secretary to furnish. Acts, Sec. 227 229 “ “ 228 230 ^°*^Acts, Sec. 227 229 directors, board of. Acts, Sec. 226 228 dissenting opinion. Acts, Sec. 227 229 duties of committee. Acts, Sec. 226 228 election of committee. Acts, Sec. 226 228 jurisdiction. Acts, Sec. 226 228 note and cases cited 229 practice and procedure. Acts, Sec. 227 229 process and subpoena. Acts, Sec. 227 229 records. Acts, Sec. 227 229 stay of judgment. Acts, Sec. 228 230 striking out judgments. Acts, Sec. 228 239 vacancies on committee. Acts, Sec. 226 228 ARBITRATION, COURT OF, affidavit of successful party. Acts, Sec. 225 228 affreightment. Acts, Sec. 223 221 agency. Acts, Sec. 223 221 application for writ. Acts, Sec. 225 227 bailment. Acts, Sec. 223 221 bills of exchange. Acts, Sec. 223 221 bills of lading. Acts, Sec. 223 221 Board of Trade to organize court. Acts, Sec. 223.._ 221 clerk. Acts, Sec. 224 225 ARRESTS. ARBITRATION — COURT OF. 1304 Page ARBITRATION, COURT OF- (Cont’d). commercial paper. Acts, Sec. 223 221 compensation of judges. Acts, Sec. 224 225 contracts of sale. Acts, Sec. 223 221 contracts of work and labor. Acts, Sec. 223 221 costs. Acts, Sec. 224 226 decree of court. Acts, Sec. 225 227 docket. Acts. Sec. 225 227 duties of judge and clerk. Acts, Sec. 224 225 execution. Acts, Sec. 225 227 fee. Acts, Sec. 224 226 guaranty. Acts, Sec. 223 221 habere facias posses sionem writ. Acts, Sec. 225 225 hearings. Acts, Sec. 224 226 insurance. Acts, Sec. 223 221 judge, election of. Acts, Sec. 224 224 lay arbitrators. Acts, Sec. 224 225 manufacturing. Acts, Sec. 223 221 mechanic arts. Acts, Sec. 223 222 navigation. Acts, Sec. 223 222 notes, promissory. Acts, Sec. 223 221 partnership. Acts, Sec. 223 221 personal chattels. Acts, Sec. 225 228 pleadings. Acts, Sec. 224 226 practice. Acts, Sec. 224 226 qualification of judge. Acts, Sec. 224 225 recovery of property. Acts, Sec. 225 227 rent. Acts, Sec. 223 221 rules validity of. Acts, Sec. 224. Page ARBITRATION, COURT OF— (Cont’d). submission in writing. Acts, Sec. 223 222 term of office of judge and clerk. Acts, Sec. 224 225 ARBITRATION OF MARKET DISPUTES, clerks to act as arbitrators be- tween buyer and seller. Ords., Art. 23, Sec. 3 919 ARCHES OR GATEWAYS, Art Commission to approve. Acts, Sec. 202 207 ARCHITECTURAL CLUB OF BALTIMORE, Art Commission — to appoint member of. Acts, Sec. 201 207 AREA WITHIN WHICH BUILDING LAWS APPLY, See '‘'Buildings.''' boundaries of. Ords., Art. 3, Sec. 4 600 AREAS AND VAULTS, See "‘Vaults aiid Areas." apertures to be protected when open ; penalty. Ords., Art. 25, Sec. 113.. 996 police to inform Mayor and City Engineer of construc- tion of. Ords., Art. 25, Sec. 114. 996 ARREST OF JUDGMENT, See "‘Courts." motions in. Acts, Sec. 300 261 ARREST ON WARRANT, fees. See "Sheriff's Fees." ARRESTS, See "Justices of the Peace"' ‘ '"Police Commssioners' ' and "Vagrants and Disorder- ly Persons." Acts 867.... 226 .554, 555 ARRESTS. 1305 ASSESSING DAMAGES. Page ASHES, Page ARRESTS— (Cont’d). on warrant, duty of police. Acts, Sec. 642 385 pickpockets and common thieves on premises of rail- roads or on ferry boats ; persons authorized to make. Acts, Sec. 784 482, 486 on warrant; duty of officer. Acts, Sec. 242 384 premises of railroads and rail- ways ; apprehension of pickpockets and common thieves on same. Acts, Sec. 784 485-486 smoking in stables; power of police. Ords., Art. 11, Sec. 56.... 755 without warrant ; duty of police. Acts, Sec. 642 385 ART COMMISSION, approval of statues, fountains, etc. Acts, Sec. 202 207 composition of, appointment. Acts, Sec. 201 207 members, societies to select ; when societies default, Mayor to select. Acts, Sec. 201 207 public structures, advice on. Acts, Sec. 202-3 207 report to City Council on proposed improvements. Acts, Sec. 202-3 207 vacancies on, how filled. Acts, Sec. 203 207 ARTICLES INFECTED WITH DISEASE, seizure of ; warrant to search for, Ords., Art. 14, Sec. 22.... 803 ARTICLES PAWNED, sale of. Ords., Art. 41, Sec. 32. 1207-1208 See '‘'‘Harbor^ Docks and Wharves. ’ ’ Ords., Art. 13, Sec. 26 ... 783 Commissioner of Street Cleaning to direct clean- ing of. Ords., Art. 36, Sec. 2.... 1140-41 deposit in streets prohib- ited, penalty, proviso. Ords., Art, 25, Sec. 37.. 970 removal of ; receptacles for. Ords., Art. 36, Sec. 9 1144 wooden floors, protection of ; penalty. Ords., Art, 11, Sec. 60 ... 756 ASPHALT PAVEMENTS, kinds of asphalt permitted for paving. Ords., Art, 35, Sec 101.... 1130 ASSAULT AND BATTERY, assaults — between 6 p.m.,and 6 a. m.; penalty. Acts, Sec, 229 231 — firemen on duty, assault on. Acts, Sec. 447 308 — Justices of the Peace at station houses to try cases. Acts, Sec. 632 379, 380 — pleadings and necessary averments. Acts, Sec. 230 231 presentment or indictment for, necessarv allegations in. Acts, Sec. 231 231 trials upon 231 recognizance or commit- ment in cases of. Acts, Sec. 230 231 sentence for, procedure of court. Acts, Sec. 230 231 ASSENT TO DECREE, See '‘'^Mortgages.'''’ ASSESSING DAMAGES IN GRADING, PAVING, ETC., STREETS, See "'Streets and City Engi- neer-, ’ ’ ‘ "Streets, Bridges and Highways' ' and " "Grading, Paving, etc. Streets." ASSESSMENT OF. ASSESSMENTS. 1306 Page ASSESSMENT OF BENEFITS IN GRADING, PAVING, ETC., STREETS, See "'‘Grading, Paving etc., Streets" and "‘Streets a7td City Enghieer. ' ’ North avenue. Acts, Sec. 838 526-7 ASSESSMENT OF PERSON- AL PROPERTY, account of to, and assessment by, Appeal Tax Court. Acts, Sec. 158 179 reduction of assessment on account of removal. Acts, Sec. 160 179 ASSESSMENTS, See "‘Appeal Tax Court;'" ‘ ‘ City Collector; ” “ City Register;" '‘"Ope7iing etc. Streets;'' ’ ‘ "Streets and City E^igineei''' ' a7id ""Taxes." —abatement of nuisances. (^See ""Nuisa7ices.") benefits and damages assessed by B. D. Com- mission . App.A,Secs.8, 10, 11-20, 25, 26 1242-1255 benefits and damages in open- ing, closing, etc., streets. Acts, Sec. 175 191 Burnt District Commission- benefits and damages. App. A, Secs. 8-28 1242-1257 discounts for early payment of B. D. benefits. App. A, Sec. 37 1263 establishments and changes of grade in Burnt District. App. A, Sec. 35 1262-1263 grading and paving — appeals from. Acts, Sec. 6 75 opening, extending and widening streets. Acts, Sec. 6 72 squares, springs and monu- ments. Acts, Sec. 6 70 Appeals from. See ""Appeal Tax Co7irt." Acts, Secs. 147, 170 171, 180-184 Page ASSESSMENTS— (Cont’d). Grading Paving, Etc., See ""Appeals;'"’ ""City^ Col- lector-, " “ City Register' ' and ""Streets a7id City Enghieer. ' ' collection of. Acts, Sec. 6 77 cost of grading, paving etc., on application of owners. Ords., Art. 35, Secs. 74-76, 1119-1120 front foot rule; to be em- ployed. Acts, Sec. 6 77 levy of tax for. Acts, Sec. 6 77 paving under special ordi- nances. Ords., Art. 35, Secs. 92-100 1126-1130 Opening and Closing, Etc., Streets, benefits, lien of; damages, in- vestment of. Acts, Sec. 185 200 bills for, to parties assessed for benefits. Acts, Sec. 181.... 198 Paving Commission, how paid. Acts, Sec. §841q 543 Property, See ""Appeal Tax Court" and ""Taxes." alteration and change of; pro- cedure of Appeal Tax Court. Acts, Sec. 164A 181 alteration and correction of, by Appeal Tax Court. Acts, Sec. 167 183 Appeal Tax Court, duty be- fore increasing. Acts, Sec. 150 172 appeals and corrections. Ap- peal Tax Court to hear ap- peals and make corrections in assessments. Acts, Sec. 147.. 171 ASSESSMENTS. ASSIGNMENTS. Page 1307 Page ASSESSMENTS— (Cont’d) . appeals from assessments. Acts, Sec. 170 184-187 cases cited, note 181 correction and revision by Ap- peal Tax Court. Acts, Sec. 148 172 executors and administrators, property in hands of. Acts, Sec. 168 183-184 general revision every five years. Acts, Sec. 164A 181 new and missed property, taxes on. Acts, Sec. 171 188 — omitted property. Acts, Sec. 171 183-188 newly discovered property, assessment of. Acts, Sec. 169 184 notice to owner before in- creasing. Acts, Sec. 150 172 omitted or acquired property. Acts, Sec. 167 183 powers of Appeal Tax Court in general. Acts, Sec. 164A. 181 record of taxable property. Acts, Sec. 161 180 — to contain valuations and assessments of prop- erty and alphabetical list of owners. Acts, Sec. 161 180 return of, to State Comp- troller. Acts, Sec. 162 180 shares of stock; assessment of, case cited, foot note 188 transfers of property; correc- tion of assessments. Acts, Sec. 166 183 Sewers, basis of assessments to be area drained. Ords., Art. 33, Sec. 6 1063 ASSESSMENTS— (Cont’d) . benefits — lien of assessments. Ords., Art. 33, Sec. 14...T07(> levy for cost of construction. Acts, Sec. 818 504 Taxes, See '''‘Appeal Tax Court;" ‘ ‘ City Collector;' ' ‘ ‘ City Register' ' and ‘ ‘ Taxes. ' ' Ords., Art. 38, Secs. 4-14, 1156-1161 adjustment of, when assess- ment is increased or de- creased. Acts, Sec. 170 186-187 reduction of, on account of alienations. Acts, Sec. 156...... 178- revision and correction of assessments. Acts, Sec. 157 178 shares of stock. Acts, Sec. §155a 176 shares of stock; collection of. Acts, Sec. §155a 177 ASSESSORS, See "Appeal Tax Court'" "‘Assessments',''' "Assess- ment of Taxes" and Ords!* Art. 38, Secs. 1, 2, 7, 14, 15, 16 1154, 1155, 1160- 1161 appointment of by Appeal Tax Court. Acts, Sec.. 147 171 compensation of. Acts, Sec. 149 172 duties, powers. Acts, Sec. 148 171 penalty for neglect of duty or corrupt conduct. Acts, Sec. 164B 182 ASSIGNMENTS, damages assessed by B. D. ! Commission. I App. A, Sec. 25 1254-1255 ASSISTANT. ATTACHMENT. 1308 Page ASSIGNMENTS— (Cont’d) . Coroners, See '‘'‘Coroners." Damages, Burnt District Assessments. App. A, Sec. 25 1254-1255 opening of streets; assess- ments. Acts, Sec. 174 190 sewer assessments. Ords., Art. 33, Sec. 5 1062 Decrees, See '‘'Mortgages." Judges, Note 276 Property, See "‘Mayor." Market License, See " Markets" sub-title "Li- censes and Rents. ’ ’ Ords., Art. 23, Sec. 17.. 924 ASSISTANT CITY SOLICI- TORS, See ‘ ‘ City Solicitor. ’ ’ Acts, Sec. 62 133-134 examiner of titles; assistant to act as; duties. Ords., Art. 5, Secs. 1-3 695,696 ASSISTANT COUNSEL FOR STATE, See "Courts." appointment of. Acts, Sec. 350 281 levy to pay compensation of. Acts, Sec. 350 281 ASSISTANT HEALTH COM- MISSIONER, See "Health." Ords., Art. 14, Sec. 4 797 ASSISTANT HARBOR MAS- TERS, See ‘ ‘ Comptroller' ' and ‘ 'Har- bor, Docks and Wharves. ' ' Ords., Art. 13, Sec. 2..772-773 Page ASSISTANT LIBRARIAN, See "Librarian." Ords., Art. 21, Sec. 5 906 ASSISTANT MARKET MAS- TERS AND CLERKS. See ' ' Comptroller' ' and ' 'Markets. ’ ’ salaries and special duties. Ords., Art. 23, Sec. 3..918-919 ASSISTANT MEDICAL EXAMINER, See "Health." Ords., Art. 14, Sec. 3 ...797 ASSISTANT SECRETARY POLICE BOARD, See ' 'Special Police Fund. ’ ’ ASSISTANT STENOGRA- PHERS, appointment and compensa- tion. Acts, Sec. 382 292 ASSISTANT SUPERINTEND- ENT OF LAMPS AND LIGHTING, See "Lamps a?id Lighting" sub-title " A ssistafit Super- intendent of." Secs. 24-30 901-903 ASSISTANT SUPERINTEND- ENTS OF PUBLIC IN- STRUCTION, See ' 'Superintendent of Pub- lic Instruction" and ' 'School Commissioners. ’ ’ ASSISTANTS, CLERKS, DEP- UTIES AND SUB- ORDINATES, appointment and removal of. Acts, Sec. 28 107 ASYLUMS FOR INSANE, See ' 'Hospitals' ' sub-title ' 'In- sane Asylums." ATTACHMENT FOR CON- TEMPT. Fees, {^See ' 'Sheriff 's Fees. ") ATTORNEY. AUCTIONEERS. 1309 Page ! Page I AUCTIONEERS— (Cont’d) ATTORNEY GENERAL, railroads, hours of labor, penalt 3 ' for exceeding. Acts, Sec. 794 491 ATTORNEYS, salary" contingent upon re- covery of money in claims against United States. Art. 1, Sec. 5 573 ATTORNEYS OF PRISONERS, may visit prisoners in jail. Acts, Sec. 137 167 AUCTION SALES, See '‘'‘Auctioneers.''' AUCTIONEERS, affidavit where no sales made. Acts, Sec. 269 243 appointments from another state; effect of. Acts, Sec. 256 237 appointment of by the Gov- ernor. Acts, Sec. 240 233 bond of — liable for malfeas- ance. Sec. 271 244 — when sales under ^150,000. Sec. 241 233 — when sales over ^5150, 000 . Sec. 243 234 — suits on. Acts, Sec. 268 243 books, maps, prints, etc.; bond of auctioneer. Acts, Sec. 244 234 — license for sale of. Acts, Sec. 244 234 case on auction sales cited, note 239 certificates accompanying re- turns of. Acts, Sec. 267 242 commission from Governor. Acts, Sec. 240 233 effect of failure to take out license. Acts, Sec. 253 237 Commissions of Auction- eers. — books, maps, prints, etc. Acts, Sec. 260 238 — exceptions as to sale of books, furniture, etc. Sec. 263 239 — excessive charges, penalty for. Sec. 263 239 — sales in excess of ^150, 000. Sec. 262.. 239 — sales not in excess of $150,000. Sec. 261 239 Comptroller to report duties to State Comptroller. Acts, Sec. 276 246 death of licensee. Acts, Sec. 247 235 disqualification of auctioneer. Acts, Sec. 270 243 Duties on Auction Sales, calculation of duties. Acts, Sec. 235 232 channel and harbor; applica- tion of duties up to $20,000 to deepening of. Acts, Sec. 274 245 disbursement of by city. Acts, Sec. 275 245 excess above $20,000 pay- able to State Treasurer. Acts, Sec. 276 245 lien of, on lands, tenements, etc. Acts, Sec. 237 232 payment of. Acts, Sec. 235 232 private sales; no duties on. Acts, Sec. 236 232 proceeds of auction duties; how applied. Acts, Sec. 274 245 purchaser to pay. Acts, Sec. 238 232 report of, to Comptroller. Acts, Sec. 266 241 AUCTIONEERS. AUCTIONEERS . 1310 Paf^e AUCTIONEERS— ( Cont ’ d) Horses and Carriages, license for sale of. Acts, Sec. 245 234-235 Mayor to designate places for sale of. Acts, Sec. 258 238 registry of horses to be kept. Acts, Sec. 259 238 — deposit of same with clerk of Court of Common Pleas. Acts, Sec. 259 238 — regulations by Mayor relat- ing to. Acts, Sec. 258 238 Licenses, failure to take out, effect of. Acts, Sec. 253 237 issue of by State Treasurer. Acts, Sec. 249 235 leather, iron and tobacco; manufacturers not to have license for sale of. Acts, Sec. 278 236 may be issued nunc pro tunc. Acts, Sec. 246 235 one place of sale only; exceptions. Acts, Sec. 264 240 persons authorized to sell under. Acts, Sec. 264 245 privileges of licensee. Acts, Sec. 242 233 sale of leather, iron and to- bacco. Acts, Sec. 278 246 when sales under |150,000; fee. Acts, Sec. 241 233 when sales over $150,000. Acts, Sec. 243 234 Oath, false swearing by auction- eer ; penalty. Acts, Sec. 273 245 partners to be designated in writing; penalty. Acts, Sec. 257 237 AUCTIONEERS— (Cont’d) Penalties, against auctioneer. Acts, Sec. 242 234 failure to make returns. Acts, Sec. 268 242 — defenses of auctioneer. Acts, Sec. 268 242 — suits on bonds of. Acts, Sec. 268 242 false swearing. Acts, Sec. 372 245 malfeasance of, in office; pen- alty. Acts, Sec. 271 244 sales — unauthorized . Acts, Sec. 252 236-237 — without appointment. Acts, Sec. 250 236 — without license. Acts, Sec. 246 235 — without recognizance. Acts, Sec. 251 236 State’s Attorney to prosecute for. Acts, Sec. 272 244 violation of privileges of license; penalty. Acts, Sec. 265 , 240 Recognizances, clerk Court Common Pleas to take. Acts, Sec. 248 235 duplicates of, to be deliv- ered to State Treasurer. Acts, Sec. 248 235 new security; wffien to be given. Acts, Sec. 255 237 renewable annually. Acts, Sec. 254 237 report to Comptroller by, information to be furnished. Acts, Sec. 266 240 AUCTIONEERS. BACON. Page 1311 AUCTIONS— (Cont’d). Page AUCTIONEERS-(Cont’d). report of duties to State Comptroller by City Comp- troller. Acts, Sec. 275 245 returns quarterly to Comp- troller; penalty. Returns also to City Comptroller. Acts, Sec, 266 240-241 to be sworn and certified. Acts, Sec. 267 241 Sales, afl&davit where none made. Acts, Sec. 269 243 bond; when sales are in excess of ^150,000. Acts, Sec. 243 234 — when sales not in excess of 1150,000. Acts, Sec. 241 233 fraudulent and void sales. Acts, Sec. 239 233 leather, iron and tobacco; no license required by manufacturers selling. Acts, Sec. 278 246 one place of sale only, exceptions. Acts, Sec. 264 240 without license. Acts, Sec. 246 235 — penalty. Acts, Sec. 250 236 treasurer to prosecute for pen- alties for malfeasance in office by. Acts, Sec. 272 244 wharves of city, proviso when city makes certain charges. Acts, Sec. 277 236 AUCTIONS, See ‘ 'A uctioneers. ’ ’ Acts, Secs. 235-278 232-246 Chesapeake Bay, Patapsco river and Harbor Fund. City Register’s report to State Comptroller. Ords., Art. 2, Sec. 1 589 penalty for unauthorized auc- tion sales on streets. Ords., Art. 2, Sec. 2 589 permits for — on streets may be issued by Ma}'or. Ords., Art. 2, Sec. 2 589 sales of goods, wares and merchandise on streets at public auction, prohibited ; penalty. Ords., Art. 2, Sec. 2 589 Auctions in Markets, furniture sales etc., prohibit- ed; penalty. Ords., Art. 23, Sec. 41.... 931 AUDIT CLERK, appointment of by Comp- troller. Acts, Sec. 34 Ill AUTOMOBILES, speed, etc., in parks and squares. Acts, Sec. 93 149 — gasoline tanks of, filling and emptying. Ords., Art. 11, Sec. 75.... 762 — storage stations — gasoline, storage at, regulations, penalty. Ords., Art. 11, Sec. 75.... 761 AWARDS, See ‘ ‘ Board of A wards ’ ’ and Bids and Awards d' AWNINGS, See ‘ ''Buildings;' ’ ‘ '‘Permits' ' and "‘Sidewalks." — flaps, figures etc. Ords., Art. 3, Sec. 134.... 651 BACON, CHEESE, SAUSAGE AND CURED MEATS, See "Markets." license for sale of. Ords., Art. 41, Sec. 16. ..1200 license for sale of, penalty. Ords., Art. 41, Sec. 16 1200-1201 BADGES. BAIE. Page 1312 Page BADGES, See ''^Health.'''' Ords., Art. 14,Secs.6,7,8, 798 hucksters to display license badge. Ords., Art. 41, Sec. 52 1216 keepers of weights, etc., to wear. Ords., Art. 17, Sec. 19 882 newspaper representatives. Ords., Art. 25, Secs. 63, 66 978-979 street venders to display. Ords., Art. 4l, Secs. 52, 53 1216-1217 BAIL, See ‘ ‘ Clerk of Courts','’ ’ ‘ 'Jus- tices of the Peace' ’’ and ‘ ‘ Thieves and Pickpockets. ’ ’ attachment for traverser or prisoner on forfeiture of bail. Acts, Sec. 347 280 bonding guarantee and trust companies as recognizor. Acts, Sec. §278g 248 clerk of Criminal Court may take, when authorized by court. Acts, Sec. §278a 246 court to fix amount of. Acts, Sec. §278a 246 criminal offences committed in counties. Acts, Sec. 444 307 defendant, presence of or joinder in recognizance not required. Acts. Sec. §278a 246 defendants’ own recogniz- ance. Acts, Sec. §278c 247 enforcement of forfeitures. Acts, Sec. 348 280 forfeit for non-appearance of defendant. Acts, Sec. §278k 249 BAIL— (Cont’d). forfeiture of. Acts, Sec. 347 280 — bail before police justice, effect of . Acts, Sec. §278k 249 — police justice to note on recognizance. Acts, Sec. §278k 249 — record of. Acts, Sec. §278-1 248 judge or clerk to sign recog- nizance. Acts, Sec. §278d 247 oath of recognizor. Acts, Sec. §278i 249 offences not bailable, murder, manslaughter, etc. Acts, Sec. §278g 248 police justices, jurisdiction in. Acts, Sec. §278h 248 property qualifications, recog- nizor without. Acts, Sec. §278c 247 recognizance — before police justice or in habeas cor- pus. Acts, Sec. §278e 248 — form of. Acts, Sec. §278d 247 — record of. Acts, Sec. §278f 248 — to become record of Criminal Court. Acts, Sec. §278j 249 — when forfeited becomes a judgment. Acts, Sec. §278e 248 recognizor, lien on property of. Acts, Sec. §278e 247 — to give particulars of prop- erty, oath. Acts, Sec. §278d 247 — who may be. Acts, Sec. §278g 248 — oath to application for bail. Acts, Sec. §278i 249 — record of, duty of clerk of Criminal Court. Acts, Sec. §278f 248 surety companies as recogniz- ors. Acts, Sec. §278g 248 BANDS. BAILIFFS AND CRIERS. 1313 Page BAILIFFS AND CRIERS, See ''City Collector" and "Orphans' Court." bailiffs in City Collector’s office, compensation of. Ords., Art. 38, Sec. 24....1165 — powers and duties of. Ords., Art. 38, Sec. 16, ..1161 clerks of courts to certify salaries of. Acts, Sec. 372 288 salaries, amount of and pay- ment. Acts, Secs. 372-374 288 BAKERIES AND CONFEC- TIONERIES, See "Health" and "Inspec- tions Weights and Meas- ures." Ords., Art. 17, Secs. 35- 38 886-888 inspection of. Acts, Sec. 6 56 BAKERIES, INSPECTORS AND ANALYSTS OF, appointment of. Acts, Sec. 73 139 BALCONIES, BATHROOMS AND BAY WINDOWS, See "Buildmgs." Ords., Art. 3, Secs. 13-22 604-607 BALL OR BANDY PLAYING, penalty for playing in streets. Ords., Art. 25, Sec. 87... 987 BALLOTS, See "Primary Elections." App. C, Sec. 1 1170-1273 BALL PLAYING ON SAB- BATH, prohibition of, penalty. Ords., Art. 31, Sec. 3 1041 BALLS, ETC., license for public balls, pen- alty. Ords., Art. 41, Secs. 11-12. .1199 Page BALTIMORE AND EASTERN SHORE RAILROAD COM- PANY, bonds of, indorsement of. Acts, Sec. 826 518 BALTIMORE CITY COL- LEGE, fee for tuition of non-resident pupils in. Ords., Art. 32, Sec. 34... 1055 BALTIMORE CITY COURT, See "Courts" sub-title "Law Courts of Baltimore City. ’ ’ Acts, Secs. 300, 322, 357, 362, 370, 372, 374, 379, 380, 382, 387, 388, 389. Pages, 261, 273, 282, 284, 287, 288 290, 292, 293, 294. appeals from decisions of Commissioners for Open- ing Streets. Acts, Sec. 179 196 notes of decisions of, relating to Practice Act for Baltimore city. note 267 BALTIMORE SANITARY CONTRACTING COM- PANY, contract with, for collection and removal of garbage, etc. Ords., Art. 36, Sec. 5 1142 BALTIMORE STREET, flushing with water when wet and muddy. Ords., Art. 36, Sec. 7 1143 sheep not to be driven along. Ords., Art. 25, Sec. 12 964 vehicles, stands for prohib- ited. Ords., Art. 4, Sec, 32 691 BANDS, Sabbath, parades of, unlawful on, penalty, proviso. Ords., Art. 31, Sec. 4 1041 BANDS. BAY VIEW ASYEUM. 1314 Page BANDS, DRUM CORPS, ETC., parades of, after six p. m. permit for, collection of money by, unlawful, Ords., Art. 25, Sec. 110.. 995 BANK DEPOSITS OF CITY, interest on, duty of City Reg- ister. Ords., Art. 6, Sec. 23..705-706 BANKS, STATE AND NAT- IONAL, See ‘ ^Incorporated histitu- tions'" and ^'Shares of Stock. ’ ’ 176 BANK STOCK, BONDS, ETC., when exempt from taxation. Acts, Sec. 6 84 BAR LIBRARY, ordinances and resolutions, two copies to be furnished to. Ords., Art. 1, Sec. 26 579 BAR MAIDS, employment of women as, forbidden. Acts, Sec. 900 562 — punishable by forfeiture of license and fine or impris- onment. . Acts, Sec. 901 563 BARRE STREET, vehicles, stands for prohibit- ed. Ords., Art. 4, Sec. 32 691 BARRELS, dimensions of, for measure- ment of peas and beans. Acts, Sec. 532 336 Inspector of Weights and Measures to inspect, pay- ment of penalties. Acts, Sec. 534 337 peas and beans, dimensions of barrel to be stamped thereon, penalty. Acts, Sec. 533 337 Page BARRELS, BOXES, ETC., IN STREETS, time to remain; to occupy but one half of footway. Ords., Art. 25, Sec. 68.... 979 BASEMENT, CELLARS, ETC., See '‘'‘Buildings.'''' construction, ventilation. Ords., Art. 3, Secs. 20-22 607 BASIN OF CITY OF BAL- TIMORE, extensions to. App. A 1237 — filling up authorized. App. A, Sec. 27 1255-1256 BASS, STRIPED, See "Fish." BATH ROOMS, See "Buildings." construction requirements. Ords., Art. 3, Sec. 14 605 BATHS, See "Public Baths." Ords., Art. 27, Secs. 1-5..1002 1003 BATTERYMAN, fire alarm telegraph, appoint- ment, duties, bond. Ords., Art.ll,Secs.27-30.. 746 747 BATTLE MONUMENT, defacing or injuring, penalty, police regulations. Ords., Art. 25, Sec. 61.... 977 impression of representation of, to be seal of city. Ords., Art. 1, Sec. 50 588 BATTLE MONUMENT, vehicles, stands for prohibit- ed at. Ords., Art. 4, Sec. 39 693 BAY VIEW ASYLUM, convicts, lunatic and insane in. Acts. Sec. §120a 163 BAY VIEW ASYLUM. BENEFITS. Page 1315 Page BAY VIEW ASYLUM— (Cont’d). curable indigent patients at, transfer of, to Maryland Hospital. Ords., Art. 16, Sec. 6 870 monthly examination of patients. Ords., Art. 16, Sec. 6 870 BEANS, See ''Peas and Beans.'" BED AND TRACKS ON STREET RAILWAYS, repairs by city, cost, collec- tion of cost, penalty. Ords., Art. 30, Sec. 26....1024 1025 BEDS OF TRACKS AND SWITCHES. See ''Railroads and Rail- ways. ’ ’ Ords., Art. 30, Sec. 11....1019 BEDDING OR CLOTHING, disinfection of, when re- quired. Ords., Art. 14, Sec. 15 801 BEGGARS, almshouse, list of those com- mitted to. Acts, Sec. 114 161 BELLS, required on sleighs and cars. Ords., Art. 4, Sec. 10 685 BENEFICIARIES OF SPEC- IAL POLICE FUND, See ' 'Special Police Fiend. ’ ’ BENEFIT ASSESSMENTS, lien of in opening sewers, etc. Ords., Art. 33, Sec. 14....1070 BENEFITS, See ''City Collector;'''' ''City Register ; ” “ Condemnation of Property; ” “ Grading , Paving, etc. Streets ; ’ ’ ‘ ‘ Opening, Closing, etc. Streets''' and "Sewers." BENEFITS— (Cont’d). by Burnt District Commis- sion. App. A, Secs. 8-28....1242-1257 — due to changes and estab- lishments of grades in Burnt District. App. A, Sec. 35 1262-1263 — for paving — when payable. Ords., Art. 35, Sec. 71. ...1117 Burnt District assessments. App. A, Secs. 8, 10, 11- 20, 25, 26 1242-1245 — accounting of by City Collec- tor. App. A, Sec. 14 1251 — collection of. App. A, Sec. 13 1250 — sale of property for. App. A, Sec. 14 1250-1251 — sales of property for, procedure in such sales. App. A, Sec. 15 1251 — to offset damages. App. A, Sec. 26 1255 1 — when payable. App. A, Sec. 13 1250 constructing and c pening sewers. Acts, Sec. 818 504 damages to be offset by, App. A, Sec. 26 1255 discount for early payment of. Burnt District assessments. App. A, Sec. 37 1263 lien of. App. A, Sec. 13 1250 not to be assessed for exten- sions to basin or harbor. App. A, Sec. 8 1244 opening, closing, etc., streets, assessment for. Acts, Sec. 175 191 — lien until paid. Acts, Sec. 185 200 — North Avenue. Acts, Sec. 838 527-528 — sales for non-payment of. Acts, Sec. 182-184 199 payment of by third parties. App. A, Sec. 18 1252 BENEFITS. 1316 BILES FOR WATER. Page BENEFITS IN SEWER CON- DEMNATIONS, assignment of damages when ^ both benefits and damages , assessed. /^il^Ords., Art, 33, Sec. 5.... 1062 BENEFITS IN OPENING, ETC. SEWERS, award, basis of. Ords., Art. 33, Sec, 6 1063 lien ma}^ be assigned to volunteer paying same. Ords., Art. 33, Sec. 15 ...1071 sale of property for non- payment of. Ords., Art. 33, Sec. 11....1069 BERMUDA ASPHALT, use of in paving author- ized. Ords., Art. 35, Sec. 101..1130 BICYCLES AND TRICY- CLES, See '‘'‘Vehicles.'’' lamps required, penalty. Ords., Art. 25, Sec. 88 988 BIDDERS, See '‘'Bids and Awards." Acts, Sec. 15 99 BIDS AND AWARDS, See ‘ '‘Board of Estimates' ' and ‘ ‘ Contracts. ' ' cases cited. 99 city engineer to preserve. Ords., Art. 35, Sec. 1 1091 decisions relating to. Acts, Sec. 15, note 99 regulations governing same. Acts, Sec. 15 99 BIDS FOR STATIONERY, See "City Librarian." BILL POSTING, Broadway Market, penalty. Ords., Art. 23, Sec. 66 939 Page BILLIARD & BAGATELLE TABLES, See '‘'Licenses" sub-title "Bil- liards." games on, minors not to play, penalty. Ords., Art. 25, Secs. 1-2.. 961 license for, penalty. Ords., Art. 41, Sec. 3 1196 BILLS ACCOUNTS AND VOUCHERS, See "Police Commissioners." BILLS AGAINST CITY, memoranda of, to be pre- served. Ords., Art. 6, Sec. 33 710 and note 708-709 orders for payment to be in writing and signed. Ords., Art. 6, Sec. 22 710 and note 708-709 BILLS AND POSTERS, defacing or posting over, prohibited , penalty, proviso . Ords., Art. 25, Sec, 105-6.. 993 BILLS FOR WATER, See "Bills;" "Collector of Water Rents and Licenses" and "Water Rents." abatements on. Ords., Art. 40, Sec. 8 1180 collections quarterly. Ords., Art. 41, Sec. 69.. ..1222 discounts on. Ords., Art. 40, Sec. 5. 1179 preparation of. 1178 Ords., Art. 40, Sec. 4. rates and discounts printed on back of. Ords., Art. 40, Sec, 6. 1179 shutting off water, when in arrears. Ords., Art. 40, Sec. 9. 1180 water rents and charges. Ords., Art. 40, Secs. 4-6, 9 1178-1180 BILLS FOR WORK. 1317 BLOWING WHISTLES. Page BILLS FOR WORK AND MATERIALS, when to be paid. Ords., Art. 6, Sec. 5 700 BILLS OF EXCHANGE AND PROMISSORY NOTES, acceptance. Acts, Sec. §279b 250 banking hours on Saturday. Acts, Sec. §279b 250 bills for collection. Acts, Sec. §279b... 251 business day. Acts, Sec. §279b 251 demand notes. Acts, Sec. §279b 251 dishonor. Acts, Sec. §279b 250 half holiday Saturday. Acts, Sec. §279b 250 holiday, legal. Acts, Sec. §279b 250 interest, computation of. Acts, Sec. §279c 251 note, case cited. 250 notice of dishonor. Acts, Sec. §279b 250 presentation. Acts, Sec. §279b 250 protesting. Acts, Sec. §279b 250 Saturday half holiday. Acts, Sec. §279b 250 Sunday, notes due on. Acts, Sec. §279a 250 BILLS OF EXCEPTION, decisions relating to. note 270 when to be signed. Acts, Sec. 316 270 BIRDS, injury to insectivorous, in- juring boxes of, penalty. Ords., Art. 25, Sec. 5 962 BIRTHS, physicians to report. Ords., Art. 14, Sec. 188.. 862 BIRTHS AND DEATHS, See ''Health.'’' Ords., Art. 14, Sec. 179.. 858 Page BLASPHEMOUS AND INDE- CENT PLAYS, performance of unlawful, penalty. Ords., Art. 25, Sec. 101.. 992 BLASTING IN CITY, Mayor’s written permit re- quired. Ords., Art. 11, Sec. 72.... 760 BLIND, See ‘ 'Deaf^Dumb and Blind. ' ' instruction of, age limit. Acts, Sec. 397 296 — appropriation for. Acts, Sec. 397 296 — cost, per capita. Acts, Sec. 399 297 — County Commissioners to recommend. Acts, Sec. 397 296 — Orphans Court, judges of, to recommend. Acts, Sec. 397 296 — recommendation for i n - struction, what to state. Acts, Sec. 398 296 ^ — terms of instruction. Acts, Sec. 399 297 BLOCKS IN ANNEX, See ‘ ‘ Topographical Survey. ' ' BLOWING WHISTLES, hours when not to be blown, penalty, exceptions. Ords. Art. 25, Sec. 6 963 BOARD of— Awards. bids to be opened by. Acts, Sec. 15 99 checks of unsuccessful bidders to be returned by. Acts, Sec. 15 99 composition of. Acts, Sec. 15 99 contracts for removal of gar- bage and refuse. Ords., Art. 36, Sec. 4, ..1041-2 general powers of. Acts, Sec. 15 99 BOARD OF. BOARD OF. Page 1318 Page BOARD of — (Cont’d). Commissioners For Opening Streets, See ‘ ‘ Commissioners jor Open- ing Streets,''^ Estimates, See ‘ 'Special Police Fund. ’ ’ advertisement of grants of franchises. Acts, Sec. 10 97 alterations and repairs out- side of building line; ap- proval of by. Ords., Art. 3, Sec. 11 603 buildings, bath rooms, etc., beyond building line, ap- proval of. Ords., Art. 3, Sec. 19 606 bow windows in stores, approval of. Ords., Art. 3, Sec. 17 696 cases cited 117 City Council not to increase ordinance of estimates. Acts, Sec. 36 115 contingent fund. Acts, Sec. 38 119 departmental estimates. Acts, Sec. 36.. 113 Department of legislative Reference, expenses. Acts, Sec. 208C 211 estimates for annual appro- priations. Acts, Sec. 36 115 estimates for new improve- ments. Acts, Sec. 36 114 finance head of third sub- • department of. Acts, Sec. 36 113 finance; to be Officials of Department of. Acts, Sec. 32 110 franchises; duties of Board in granting. Acts, Sec. 37 118 — grants of. Acts, Sec, 37 117 meetings of. Acts, Sec. 36 113 BOARD of — (Cont’d). minor privileges in streets, application for. Acts, Sec. 37 118 officials composing Board. Acts, Sec. 36 113 opinion on public improve- ments costing over |2,000 to be given to City Council. Acts, Sec. 85 144 park tax — street railways in annex; assent to modifica- tion of tax payable by such railways. Acts, Sec. §800a 494-495 paving commission, annual appropriation. Acts, Sec. §841p 542 powers of. Acts, Sec. 36 113 powers relating to franchises. Acts, Sec. 37 128 president of. Acts, Sec. 36 113 private claims, to be approved by. Acts, Sec. 39 120 report to City Council of taxable basis. Acts, Sec. 40 120 reports of Burnt District Commission. App. A, Sec. 4, 1238 salaries, increase or decrease of, by Board. Acts, Sec. 36A 117 street railway franchises in annex; duration of grants; when to be perpetual. Acts, Sec. §800a 495 surplus of revenue over estimates, disposition of. Acts, Sec. 36 116 vaults and areas, to approve construction of. Ords., Art. 3, Sec. 154.... 659 Examiners For Horseshoers, See ‘ 'Horseshoeing. ’ ’ BOARD OF. BONDING. Page 1319 Page BOARD of— (Cont’d). Examining Engineers, See “Examining E7igineers." Finance, powers and duties of. Acts, Sec. 32 110 Fire Commissioners, See '‘'‘Fire Department.'" Acts, Sec. 68 136-137 Ords., Art. 11, Sec. 1-46, 735-752 Health, See '‘'‘Co 7nmissioner of Health" and "‘Health." homes for care of infants. investigation of. Acts, Sec, §493h 323 — license for. Acts, Sec, §493h 323 — midwives, license for. Acts, Sec. §493f.. 323 Park Commissioners, See "Parks and Squares." Art Commission, to appoint member of. Acts, Sec. 201 207 Registry, affiliation of voters to be recorded. App. C, Sec. 2 1275 Police Commissioners, See '‘'Police Commissioners," rate of fare for hackney carriages to be fixed by. Acts, Sec. 281 253 Police Examiners, See ‘ '‘Police Exammers. ’ ’ Public Safety, composition of Board. Acts, Sec. 68 137 duties and powers of Board. Acts, Sec. 68 137 BOARD of— (Cont’d). Public Improvements, president of, to be on Board of Estimates. Acts, Sec. 36 113 School Commissioners, See ‘ 'School Cormnissioners' ’ and "Schools." authority to collect books from former pupils. Ords., Art. 32, Sec. 8.. 1045-6 — erect temporary school buildings. Ords., Art. 32, Secs. 4-6, 1044-5 testimonials to graduates of high schools, etc. Ords., Art. 32, Secs.l2, 13..1047 Supervisors of Elections, Wards, {See ' 'Legislative Dis- tricts " and " Wards . ” ) Trade, arbitration, organize court of. Acts, Sec. 223 221 BOARDS AND COMMIS- SIONS, minority membership on. Acts, Sec. 30 107 records of proceedings of. Acts, Sec. 31 108 BOATS, SCOWS AND VE- HICLES, See "Ferries;" "Licenses;" ' ' Vehicles, Boats and Scows' ' and ' ' Water Rents. ' ' licenses for. Ords., Art. 41, Secs. 74- I 84 1223-1227 BOILER INSPECTONS, 1 See ‘ 'Steam Boilers. ' ' BOILERS, See "Steam Boilers." water charges for. Ords., Art. 41, Sec. 56.. .1218 BONDING. GUARANTEE OR TRUST COMPANIES, I recognizors in bail, {See ; "Bail.") BONDS. BONDS. 1320 Page BONDS, See '‘'‘Clerks of Courts;'" "‘Contracts with City;'''' ‘ ‘ Hackney Carriages and Coaches;'' ’ ‘ 'Mayor'' ’ and "Register of Wills,'''' appeal bonds, injunction bonds, etc., to be executed by Mayor. Ords., Art. 1, Sec. 1 571 Appeal Tax Court; members of. Ords., Art. 38, Sec. 1 1154 approval of. Acts, Sec. 20A 101 assessors of taxes. Ords., Art. 38, Sec. 1 1155 Assistant Librarian. Ords., Art. 21, Sec. 5 906 Assistant Market Masters and Clerks, penalties of bond required from those of the several markets. Ords., Art. 23, Sec. 6 921 auctioneers, {See "Auction- eers.''''') bakeries and confectioneries, inspector of. Ords., Art. 17, Sec. 37,.. 887 certificates of stock, renewal of when lost. Ords., Art. 34, Sec. 7..1078-9 C. & P. Telephone Co. — in connection with subway system. Ords., Art. 9, Sec. 23 727 Circuit Courts, bonds of clerks of. Acts, Sec. 369 286 City Collector. Ords-, Art. 38, Sec. 22....1163 City Engineer and Assistant City Engineers. Ords., Art. 35, Sec. 3 1092 City Court, clerk of. Acts, Sec. 357 283 officials, employes, etc. of city — when required to bond; proviso. Ords., Art. 1, Sec. 39 583 Page BONDS— (Cont’d). — when not required to bond. Ords., Art. 1, Sec. 38 583 City Register’s bond; Mayor to have custody of. Ords., Art. 6, Sec. 19 704 City Register, successor to give bond. Ords., Art. 6, Sec. 22 705 City Solicitor to approve. Acts, Sec. 63 135 clerks of courts — liable for salaries of deputies, note. 283 clerks of Law Courts. Acts, Secs. 357-361 282-284 clerks of markets; require- ments of bonds of; approval, penalty and conditions of. Ords., Art. 23, Sec. 5, 920-921 Collector of State Taxes. Acts, Sec. 53 130 Collector of Water Rents and Licenses, assistants and clerks of. Ords., Art. 41, Sec. 2 1196 Comptroller — bond of. Ords., Art. 6, Sec. 1 698 — subordinates’ bonds. Ords., Art. 6, Sec. 17 703 — to examine and certify sufficiency of. Ords., Art. 6, Sec. 4 700 Coroners’. Acts, Sec. 294 158 Court Common Pleas; bond of clerk. Acts, Sec. 357 283 Criminal Court Clerk. Acts, Secs. 367, 368 286 Deputy Comptroller. Ords., Art. 6, Sec. 15, 702-703 Harbor Engineer — appointees; bonds of. Ords., Art. 13, Sec,l 772 — bond of. Ords., Art. 13, Sec. 1 772 immigrants, protection of city against paupers by owner of vessel. Acts, Sec. 519 333 BONDS. 1321 BONDS, STOCKS, KTC. Page BONDS— (Cont’d). inspectors of hay and straw. Acts, Sec. 553 344 inspector of plumbing, bond of. Ords., Art. 14, Sec. 129.. 836 Justices of the Peace; condi- tions and penalty. Acts, Sec. 624 376 keepers of standards of weights and measures. Ords., Art. 17, Sec. 4 877 I^amps and Lighting, bond of Superintendent of. Ords., Art. 20, Sec. 1 893 — of Assistant Superintend- ent. Ords., Art. 20, Sec. 24.. 901 live stock inspector at Canton hay scales; additional bond required of. Acts, Sec. 569.... 348 morgue; superintendent of, Ords., Art. 14, Sec. 82.... 821 municipal suits; bonds in. Ords., Art. 1, Sec. 1 571 paving bonds to indemnify city. Ords., Art. 35, Sec. 73, 1118-1119 pawnbrokers, bond of. Ords., Art. 41, Sec. 30, 1206-1207 — suits on bonds of. Ords., Art. 41, Sec. 34. 1208-1209 physicians (''See Dead Bodies Police Commissioners. Acts, Sec. 740 448 police ; when board may require bond. Acts, Sec. 749 462 privy cleaners, bond of. Ords., Art. 14, Sec. 142.. 840 — relating to bonds of. Ords., Art. 41, Sec. 45, 1213-1213 Page BONDS- (Cont’d). public printer, bond of. Acts, Sec. 208 210 purchaser of property taken in opening streets, etc., to give. Acts, Sec. 176 Quarantine Hospital Physi- cian; bond of. Ords., Art. 14, Sec. 161.. 847 Register of Wills, to bond in sum of 130,000. Acts, Sec. 354 281 — approval of bond. Acts, Sec. 355 282 steam boiler inspectors. Acts, Sec. 572 349 street cleaners, paymaster of. Ords., Art. 36, Sec. 16....1146 Street Cleaning, Commission- er of. Ords., Art. 36, Sec. 1 1140 subordinates of Water Board. Ords., Ard. 40, Sec. 3.. 1178 suits — municipal . Ords., Art. 1, Sec. 1 571 suits on; cases cited, note.. 583 Superior Court; clerk of. Acts, Sec. 357 .282-283 Superintendent of Public Buildings. Ords., Art. 28, Sec. 1 1004 Surveyor; conditions of. Ords., Art. 36, Sec. 1 1148 treasurer of Police Commis- sioners. Acts, Sec. 752 464 trustee under decree for sale of mortgaged premises. Acts, See. 720 434 BONDS, STOCKS, ETC., exemption from taxation of. Acts, Sec. 6 84 issues of, chronological list of. Ords., Art. 34, Sec. 19....1082 BONE DEALERS. BRICK OR TILE. 1322 Page BONE DEALERS, not permitted to keep green bones over twelve hours; offensive bones prohibited. Ords., Art. 14, Sec. 92.... 825 BONE FACTORIES AND COPAL VARNISH, consent of Mayor and City Council, necessary for estab- lishment of. Ords., Art. 14, Sec. 67 817 BONES, See '’'Health''' . Ords., Art. 14, Sec. 92, 825 BOOKS, MAPS AND STA- TIONERY, See "Auctioneers" and "Li- brarian. ' ' auctions of. Acts, Sec. 244 234 character of, for school libra- ries. Ords., Art. 32, Sec. 10 1046 school books, recovery of, from former pupils. Ords., Art 32, Sec. 8 1045 1046 schools, free to city pupils in. Ords., Art. 32, Sec. 32.... 1054 BOOKS OF REGISTRY, See "Primary Election." App. C, Sec. 1 1271 BOSTON STREET, locomotives to be used on. Ords., Art. 30, Secs. 13. ...1019 BOUNDARIES, Burnt District, limits of, App. A, Sec. 30 1258-1259 BOUNDARY AVENUE, cattle, driving through, pro- hibited. Ords., Art. 25, Sec. 26 967 968 Page BOWLING ALLEYS AND SALOONS, closing hours for; minors not to plav. Ords., Art. 25, Secs. 3-4.. 962 licenses; for penalty. Ords., Art. 41, Secs. 4....1197 licensee to receive assent of owners. Ords., Art. 41, Sec. 5 1197 BOWLY’S WHARF, vehicles, stands for prohibit- ed. Ords., Art. 4, Sec. 31 692 BOXING EXHIBITIONS, permit required, penalty. Ords., Art. 25, Sec. 102 ... 992 BOYS’ HOME, object to raise homeless boy’s as parent would. Acts, Sec. 885 560 BOY’S HOME SOCIETY OF BALTIMORE CITY, See ‘ 'Houses of Refuge and Reformation. ' ' BRANDING WEIGHTS AND MEASURES, dry measures, symbol, counterfeiting penalty. Ords., Art. 17, Sec. 11.... 879 880 BREAD, See ' 'Inspections., Weights and Measures. ’ ’ bakeries, inspectors of. Acts, Sec. 73 139 inspection and sale of. Acts, Sec. 6 55 BREADTH OF WHEELS, power to regulate. Acts, Sec. 6 47 BRICK OR TILE MANU- FACTORIES, permit, notice of application for, penalty. Ords., Art. 14, Sec. 76.... 820 BUILDINGS. 1323 BUILDINGS. Page BRICKS, LUMBER, ETC., IN STREETS, signals required on. Ords., Art. 35, Sec. 112..1135 BRICK-LAYING, See '‘'‘Buildings.'" BRIDGES, See '‘'‘Railroads and Rail- ways'" '‘'‘Streets, Bridges and Highways'" "Streets and City Engineer." agreements with Count}^ Commissioners to purchase or maintain. Acts, Sec. 6 82 city may purchase. Acts, Sec. 6 82 removal of snow from. Ords.,Art.36,Sec. 2..1140-1141 BRIDGES IN ANNEX, county bridges in; to be com- pleted by city. Acts, Sec. 839 528-529 BRIDGE TENDER, See "‘Jones'' Falls." Ords., Art. 18, Sec. 6 890 BROADWAY, vehicles; stands for prohib- ited. Ords., Art. 4, Sec. 32 591 BROADWAY AND LOCUST POINT FERRY COMPANY, See "Ferries." BROADWAY MARKET, provisions relating to. Ords., Art. 23, Secs. 65-69 938-940 BROADWAY WHARF, See '‘'Ferries." BROKERS, licenses of. Acts, Sec. 6 61 BROKERS, REAL ESTATE, See "Licenses." Page BRUNSWICK STREET, cattle, when to be driven on. Ords., Art. 25, Sec. 29.... 968 BUILDING MATERIALS IN STREETS, police regulations, conditions of privilege, penalty. Ords., Art. 25, Sec. 74.... 982 safety regulations for. Ords., Art. 35, Sec. 112, 1134-1135 BUILDING LAWS AND REG- ULATIONS, Inspector of Buildings to en- force. Acts, Sec. 82 142 BUILDING LINE IN ANNEX, Annex Improvement Com- mission to fix. Acts, Sec. §841c 532 BUILDING OPERATIONS, water for, notice to Collector of Water Rents and Licens- es; penalty. Ords., Art. 40,Sec. 71..179-1180 BUILDING PERMITS, holder to exhibit to police; penalty. Ords., Art. 25, Sec. 7 963 BUILDING REGULATIONS, area in which operative, {See "Buildings."') Ords., Art. 3, Sec. 4 600 BUILDINGS, See "Fire;" "Fire De- partment'," "Fire Regula- tions;" ' 'Inspector of Build- ings" and "Permits." Appeals from Inspector of Buildings. — commission in appeals. Ords., Art. 3. Sec. 2 599 — compensation of commis- sioners. Ords., Art. 3, Sec. 2 599 — decision of Commission binding. Ords., Art. 3, Sec. 2 599 BUILDINGS. BUILDINGS. Page 1324 Page BUlLDINGS-(Cont’d). Appeals — (Cont’d ) . — Examining Commission, fees. Ords., Art. 3, Sec. 2 599 — time limit for appeals. Ords., Art. 3, Sec. 2 599 — to be in writing. Ords., Art. 3, Sec. 2 599 alterations and repairs. Board of Estimates to ap- prove when outside of building line. Ords., Art. 3, Sec. 11 603 — existing buildings, not to be made to unlawfully. Ords., Art. 3, Sec. 12.... 604 — permit from Inspector of Buildings required. Ords., Art. 3, Sec. 11.... 603 Balconies, Porches, Bay Windows, Bath Rooms, — applications and permits. Ords., Art. 3, Sec. 13.... 604 — bath rooms required. Ords., Art. 3, Sec. .14.... 605 — bath rooms, fee for permit. Ords., Art. 3, Sec. 14.... 605 — bay windows of wood. Ords., Art. 3, Sec. 15.605-6 — bow windows in stores. Board of Estimates to ap- prove. Ords., Art. 3, Sec. 17.... 606 — certificate of Comptroller to payment of fees. Ords., Art. 3, Secs. 17-19 606 — construction above first floor. Ords., Art. 3, Sec. 13 604 —construction beyond build- ing line, application for permit. Ords., Art. 3, Sec. 19.... 606 — erection without, or at variance with permit; penalty. Ords., Art. 3, Secs. 16-18 606 — fee for permit. Ords., Art. 3, See. 13... 604 — horizontal extent of. Ords., Art. 3, Sec. 13.... 604 — houses requiring bath rooms. Ords., Art. 3, Sec. 14.... 605 BUILDINGS— (Cont’d). Balconies, etc. — (Cont’d). —lateral extent of. Ords., Art. 3, Sec. 13. .. 604 — metal and wood construc- tion. Ords., Art. 4, Secs. 13, 14 _ 605-05 — oriel windows of wood. Ords., Art. 3, Sec. 15....605-6 — party line, distance from. Ords., Art. 3, Secs. 13,14 604-05 — penalties for evasion of provisions. Ords., Art. 3, Secs. 16, 18 606 — projecting bath rooms. Ords., Art. 3, Sec. 14.... 606 — permits required. Ords., Art. 3, Sec. 13.... 604 — restrictions on wooden construction. Ords., Art. 3, Sec. 13.... 604 — walls from which bath rooms extend. Ords., Art. 3, Sec. 14.... 605 Burnt District, not to conflict with highway lines of. Ords., Art. 35, Sec. 12....1094 Cellars, Basements, etc., —basements. Ords., Art. 3, Sec. 20 607 — construction in damp ground. Ords., Art. 3, Sec. 21.... 607 —definition of “cellar.” Ords., Art. 3, Sec. 20.... 607 — dwellings on damp ground. Ords., Art. 3, Sec. 22.... 607 — ventilation of. Ords., Art. 3, Sec. 21.... 607 Chimneys, Flues and Heating Apparatus, — air flues, not to be used for smoke. Ords., Art. 3, Sec. 26,.... 608 — area of cliimneys, etc. Ords., Art. 3, Sec. 26.607-8 — chimney and smoke flue construction. Ords., Art. 3, Sec. 27... .608-9 — chimney supports, not to remove. Ords., Art. 3, Sec. 28 609 — double pipes for flues and register boxes. Ords., Art. 3, Sec. 25.... 608 BUII.DINGS . 1325 BUII.DINGS. Page Page BUILDINGS— (Cont’d) . BUILDINGS-(Cont d). Chimneys, etc. — (Cont’d) . — firebacks, thickness of. Ords., Art. 3, Sec. 23. ...607-8 — flues, height above roof . Ords., Art. 3, Sec. 23..607-8 — flues, smooth and clean on inside. Ords., Art. 3, Sec. 24.... 608 — furnace smoke pipes. Ords., Art. 3, Sec. 30..609-10 — furnace tops, construction of. Ords., Art. 3, Sec. 32.... 610 — furnace tops, joists over. Ords., Art. 3, Sec. 32.... 610 — girders or joists of wood. Ords., Art. 3, Sec. 35.... 611 — gas, etc. pipes, depthin joists. Ords., Art. 3, Sec. 34.... 611 — hearths, arch supports. Ords., Art. 3, Sec. 28.... 609 — hot air ducts, specifica- tions. Ords., Art. 3, Sec. 25.... 608 — hot air register settings. Ords., Art. 3, Sec. 33..610-11 — joists, gas, etc., pipes let into. Ords., Art. 3, Sec. 35. .. 611 — joists, wooden, in division walls. Ords., Art. 3, Sec. 35.... 611 — parging mortar, not to use. Ords., Art. 3, Sec. 23....608-8 — penalty for stove pipes in • wooden partitions. Ords., Art. 3, Sec. 36... 611 — plastering between wood- work and flues. Ords., Art. 3, Sec. 26.... 608 — plastering outside of flues. Ords., Art. 3, Sec. 23.... 607-8 — register boxes, construc- tion. Ords., Art. 3, Sec. 24.... 608 — registers, specifications for. Ords., Art. 3, Sec. 33 610-11 — school buildings, heating apparatus in, Ords., Art. 3, Sec. 31.... 610 —smoke, flue and chimney specifications. Ords., Art. 3, Sec. 27.... 608 — smoke, flue and chimney supports. Ords., Art. 3, Sec. 28 609 Chimneys, etc. —(Cont’d) . — smoke pipes, entering flues and partitions. Ords., Art. 3, Sec. 29 609 — stove pipes in wooden par- titions. Ords., Art. 3, Sec. 36.... 611 — timbers in divi; ion walls. Ords., Art. 3, Sec. 35 611 — woodwork against flues, protection of. Ords., Art. 3, Sec. 26.... 608 Contracts, specifications to provide for inspection by Inspector of Buildings. Ords., Art. 3, Sec. 3 599-600 Drain pipes of, permits for. Ords., Art. 14, Sec. 130.. 837 Electrical, installation and wiring, {See ‘ '"Inspector of Buildings. ’ ’ ) Ords., Art. 3, Secs. 44-54 604-608 Elevators, — age of operators of. Ords., Art. 3, Sec. 68 625 — appeals from orders of Inspector of Buildings. Ords., Art. 3, Sec. 73 626 —automatic, limiting use of. Ords., Art. 3, Sec. 59..620-21 — automatic stops for hy- draulic machines. Ords., Art. 3, Sec. 66.... 624 — buffer springs. Ords., Art 3, Sec. 60 621 — carrying capacity. Ords , Art. 3, Sec. 59, 620-621 — cars, specifications for. Ords., Art. 3, Sec. 62....622-3 — certificate to be posted in. Ords., Art. 3, Sec. 55 ... 618 — certificate to issue on completion. Ords., Art. 3, Sec. 55.... 618 — classification of elevators. Ords., Art. 3, Sec. 58 620 — clearances. Ords., Art. 3, Sec. 60 621 — combination, require- ments for. Ords., Art. 3, Sec. 59..618-21 BUII.DINGS. BUII.DINGS. BUILDINGS— Cont’d). Elevators — (Cont’d) . — construction, permit for. Ords., Art. 3, Sec. 55... — counterweight specifica- tions. Ords., Art. 3, Sec. 60 — counterweights, frames for. Ords., Art. 3, Sec. 66 — dangerous materials, not to store near. Ords., Art. 3, Sec. 69 — defective, notice to owner to repair. Ords., Art. 3, Sec. 56 619 — defective, stoppage until repaired, penalty. Ords., Art. 3, Sec. 57..619-20 — doors, specifications for. Ords., Art. 3, Sec. 62....622-3 — drawings and models, builder to furnish. Ords., Art. 3, Sec. 71 625 — drums and sheaves. Ords., Art. 3, Sec. 66 624 — emergency repairs, notice of. Ords., Art. 3, Sec. 67 624 — enclosure of shafts, clas- sification of, first class. Ords., Art. 3, Sec. 61 622 — enclosure of second class. Ords., Art. 3, Sec. 62.. 622-3 — examination of, tri- monthly. Ords., Art. 3, Sec. 57 619 — explosives near, prohibited. Ords., Art. 3, Sec. 69 625 — fines and penalties, proviso. Ords., Art. 3, Sec. 74 626 — fire-doors for hatches. Ords., Art. 3, Sec. 61 622 — freight elevators, specifi- cations. Ords., Art. 3, Sec. 59....620-1 — guards for sidewalk eleva- tors. Ords., Art. 3, Sec. 65.... 623-624 — hatches, fire-doors for. Ords., Art. 3, Sec. 61 622 — hydraulic machines, auto- matic stops for. Ords., Art. 3, Sec. 66 624 — inflammable materials near, prohibited. Ords., Art. 5, Sec. 69 625 — inspection by appointed inspectors. Ords., Art. 3, Sec. 57 619 BUILDINGS— (Cont’d). Elevators — ( Cont ’ d) . — inspection during construc- tion. Ords., Art. 3, Sec. 55 618 —inspection of existing elevators. Ords., Art. 3, Sec. 56 619 — machinery, specifications for. Ords., Art. 3, Sec. 66 624 — miscellaneous, types of. Ords., Art. 3, Sec. 72....625-6 — models of, builders to furnish. Ords., Art. 3, Sec. 71 625 — notices in cars to be uni- form. Ords., Art. 3, Sec. 70 624 — notice to Inspector of Buildings of emergency repairs made. Ords., Art. 3, Sec. 67 624 —operators, age of, proviso. Ords., Art. 3, Sec. 68 625 — overhead gratings. Ords., Art. 3, Sec. 64 623 — passenger elevators, ca- pacity. Ords., Art. 3, Sec. 59 620 — penalties and fines, proviso. Ords., Art. 3, Sec. 74 626 — penalty for disregard of orders of inspectors Ords., Art. 3, Sec. 57..614-20 — permit for construction. Ords., Art. 3, Sec. 55..618-19 — permit for repairs. Ords., Art. 3, Sec. 67 624 — register of. Ords., Art. 3, Sec. 56 619 — repairs, penalty for failure to make. Ords., Art. 3, Sec. 57..619-20 — repairs, when permit for required. Ords., Art. 3, Sec. 67 624 — report of inspectors, what to show. Ords., Art. 3, Sec. 57 619 —report of location by own- er Ords., Art. 3, Sec. 56 619 — return of permit on com- pletion of work. Ords., Art. 3, Sec. 55 618 — safety appliances. Ords., Art. 3, Sec. 65....623-4 — safe weights to be posted. Ords., Art. 3, Sec. 59....620-1 1326 Page 618 621 624 624 BUILDINGS. BUILDINGS. Page 1327 Page BUILDINGS— (Cont’d) . Elevators( — Cont’d). — shafts, enclosure of. Ords. , Art.3,Secs.61-2....622-3 — sheaves and drums. Ords., Art. 3, Sec. 66 624 — sidewalk elevator guards. Ords., Art. 3, Sec. 65- . .623-4 — signs in, to be uniform. Ords., Art. 3, Sec. 70 625 — speed governors. Ords., Art. 3, Sec. 65.. 623-624 — stairways around shafts, fireproof partition be- tween. Ords., Art. 3, Sec. 63 623 — storage of inflammable material near, prohibited. Ords., Art. 3, Sec. 69 625 — trap-doors of hatches. Ords., Art. 3, Sec. 61 622 — window openings to shafts, protection of. Ords., Art. 3, Sec. 62... .622-3 encroachments, removal on notice. Ords., Art. 3, Sec. 102. .. 634 exits and egress from build- ings, of public assem- blage to be examined by police. Acts, Sec. 280 252 exits of, when to be kept open; penalty. Acts, Sec. 280 252 Fences, — advertising fences above twenty feet high prohibit- ed. Ords., Art. 3, Sec. 77 627 — partition fences, payment of cost of. Ords., Art. 3, Sec. 75 626 — penalties for illegal con- struction . Ords., Art. 3, Sec. 78 627 — permit for walls, or sign- boards over six feet square, required. Ords., Art. 3, Sec. 76. ...626-7 fireproof construction, defi- nition of. Ords., Art. 3, Sec. 95 632 fireproofing — approval of by Inspector of Buildings. Ords., Art. 3, Sec. 97 633 BUILDINGS— ( Cont ’d) . Fire Regulations, — alarms, fire, buildings re- quiring. Ords., Art. 3, Sec. 83 628 — bakeries, steam, to have spark catchers. Ords., Art. 3, Sec. 86..629-30 — buildings of a public charac- ter, egress from, Ords., Art. 3, Sec. 84 629 - buildings requiring fire escapes. Ords., Art. 3, Sec. 83 628 — buildings requiring fire- proof construction. Ords., Art. 3, Sec. 82 628 — Board of Fire Commis- sioners to approve fire protection, Ords., Art. 3, Sec. 85 629 — fireproofing materials, buildings requiring. Ords., Art. 3, Sec. 82 628 — fireproof shutters, build- ings requiring. Ords., Art. 3, Sec. 79 627 — fire doors, construction. Ords., Art. 3, Sec. 80 627 — fire escapes and alarms, buildings requiring. Ords., Art. 3, Sec. 83 628 — frames and sashes of wire glass, fire shutters not required. Ords., Art. 3, Sec. 81 628 — furnaces to have spark catchers. Ords., Art. 3, Sec. 86 629 — maintenance of fire es- capes, owners liable. Ords., Art. 3, Sec. 83 628 — obstructions on fire-es- capes, prohibited. Ords., Art. 3, Sec. 83 628 — precautions in case of fire. Ords., Art. 3, Secs. 84, 85 629 — shutters, fire-proof, where required. Ords., Art. 3, Sec. 79...... 627 — spark catchers, where re- quired. Ords., Art. 3, Sec. 86 628 — stairways of fireproof material. Ords., Art. 3, Sec. 82 628 — steam engines, spark catch- ers for stacks of. Ords., Art. 3, Sec. 86 629 BUILDINGS. BUILDINGS. Page 1328 Page BUILDlNGS-(Cont’d). Fire Regulations — (Cont’d). — window frames and sashes of wire glass, require no shutters. Ords., Art. 3, Sec. 81 — 628 Furnaces and Heating Apparatus, — ash boxes, other than iron, prohibited, penalty. Ords., Art. 3, Sec. 42 613 — chimneys causing annoy- ance and danger, removal of. Ords., Art. 3, Sec. 43 613 — defective apparatus, dela^'^ in repairing, penalty. Ords., Art. 3, Sec. 40.... 612 613 — inspection of. Ords., Art 3, Sec. 37. ... 611 612 — installation of, permit. Ords., Art. 3, Sec. 38... 612 — obstructing inspection of, penalty. Ords., Art. 3, Sec. 39 612 — permit, return of. Ords., Art. 3, Sec. 38 ... 612 — permit return of, penalty for retention. Ords., Art. 3, Sec. 41 613 Frame Sheds and Wooden Buildings, — advertisement of application for permit. Ords., Art. 3, Sec. 88.... 630 — appeal from order of In- spector of Buildings in damage by fire. Ords., Art. 3, Sec. 92.... 631 — bath-rooms, not to connect with. Ords., Art. 3, Sec. 88 ... 630 — damage to wooden build- ings by fire. Ords., Art. 3, Sec. 92.... 631 —distance between sheds. Ords., Art. 3, Sec. 89 631 — fee for permit. Ords., Art. 3, Sec. 87.... 630 — fire protection of. Art. 3, Sec. 89 631 — habitation, not to use as. Ords., Art. 3, Sec. 87.... 630 — height, limit of . Ords., Art. 3, Sec. 88.... 630 BUILDINGS— (Cont’d). Frames, Sheds, etc. — (Cont’d). — lathing on inside, permit for. Ords., Art. 3, Sec. 91.... 631 — permit for erection. Ords., Art. 3, Sec. 87.... 630 — plastering inside of, permit for, Ords., Art. 3, Sec. 91.... 631 — rebuilding when damaged by fire. Ords., Art. 3, Sec. 92.... 631 — revocation of permit, re- moval of sheds. Ords., Art. 3, Sec. 90.... 631 — sheds for storage and manu- facturing purposes. Ords.. Art. 3, Sec. 88... 630 — stables, sheds as, consent of propertv owners. Ords., Art. 3, Sec. 90.... 631 — wooden and frame build- ings, damaged by fire, not to rebuild. Ords., Art. 3, Sec. 92. .. 631 General Powers, — awnings, construction of. Acts, Sec. 6 46 — bay windows. Acts, Sec. 6 46 — bow windows. Acts, Sec. 6 46 — bricks, to fix size of. Acts, Sec. 6 45 — burnt district, building re- strictions in. Acts, Sec. 6 46 — construction and repair of buildings. Acts, Sec. 6 46 — dangerous and u n s af e structures. Acts, Sec. 6 46 — dwellings, lots, yards and enclosures, examination and sanitary inspection of. Acts, Sec. 6 45 — height of buildings regu- lated. Acts, Sec, 6 46 — inspections, fire and heating apparatus. Acts, Sec. 6 45 — piers, and porticos. Acts, Sec. 6 46 BUILDINGS. BUILDINGS. Page 1329 Page BUILDINGS— (Cont’d). Frames, Sheds, etc. — (Cont’d). — removal of dangerous and unsafe buildings. Acts, Sec. 6 46 — sanitary inspection of build- ings. Acts, Sec. 6 45 — smoke, to regulate con- sumption of. Acts, Sec. 6 46 — steps and signs. Acts, Sec. 6 46 — show windows. Acts, Sec. 6 46 — walls, fire, parapet and party v,'alls, regulation of same. Acts, Sec. 6 45 — wooden and frame build- ings, power to regulate or prohibit erection of same. Acts, Sec. 6 46 gutters and spouting, own- ers to provide proper. Ords.. Art. 3, Sec. 8 602 — penalty for failure to pro- vide. Ords., Art. 3, Sec. 8 602 height of buildings, stories and walls, — additions to height of exist- ing buildings. Ords., Art. 3, Sec. 98 633 — height of fireproof build- ings. Ords., Art. 3, Sec. 96.... 632 — height of non-fireproof buildings. Ords , Art. 3, Sec. 94.... 632 — height of stories. Ords., Art. 3, Sec. 101.... 634 —height of walls from kerb level. Ords., Art. 3, Sec. 93 632 insane asylums, erection and use as prohibited. Ords., Art. 16, Secs. 1, 2 869 Iron and Steel Construction, — alley bars. Ords., Art. 3, Sec. 111.... 641 — anchors for beams. Ords., Art. 3, Sec. 106.. .638 — blowholes or imperfections. Ords., Art. 3, Sec. 103.. 636 — bolt connections. Ords., Art. 3, Sec. 109.... 640 BUILDINGS-(Cont’d). Iron and Steel Const. — (Cont’d). — bolting riveted trusses. Ords., Art. 3, Sec. 110.... 641 — bolts for beams used in pairs. Ords., Art. 3, Sec. 104 ... 638 — buckling of girders, preven- tion. Ords., Art. 3, Sec. 104.... 637 — cast iron or metal fronts. Ords., Art. 3, Sec. 112.... 642 — columns, fireproof protec- tion. Ords., Art. 3, Sec. 103 ... 634 — core of columns. Ords., Art. 3, Sec. 103.... 636 — diameter and thickness of cast iron columns. Ords., Art. 3, Sec. 103 ... 636 —double columns to meet exigencies. Ords., Art. 3. Sec. 103.... 637 — eye bars. Ords., Art. 3, Sec. 111.... 641 — floor and roof beams. Ords., Art. 3, Sec. 106.... 638 — framed beams. Ords., Art. 3, Sec. 107.... 639 — girders in enclosure walls, protection of. Ords., Art. 3, Sec. 103.... 635 — iron or steel below water level. Ords., Art. 3, Sec. 112.. 642 — lateral or sway bracing. Ords., Art. 3, Sec. 110.... 640 — lintel bearings. Ords., Art. 3, Sec. 105.... 638 — metal or cast iron fronts. Ords., Art. 3, Sec. 112.... 642 — painting steel work. Ords., Art. 3, Sec. 112 ... 642 — pin connected trusses, pins and pin holes, pin plates. Ords., Art. 3, Sec. 111.... 641 — rivet holes, distance from edge of material. Ords., Art. 3, Sec. 108. .. 639 — rivetting specifications. Ords., Art. 3, Sec. 108.... 639 — rivets, splices, etc. Ords., Art. 3, Sec. 104.... 637 — shoes for columns. Ords., Art. 3, Sec. 103.... 637 — specifications for columns. Ords., Art. 3, Sec. 103 ... 635 — stresses on trusses. Ords., Art. 3, Sec. 110 ... 640 BUILDINGS. BUILDINGS. 1330 Page BUILDINGS— Cont’d). Iron and Steel Const. — (Cont’d). — suspenders. Ords., Art. 3, Sec. 109... 640 — tension members of trusses. Ords., Art. 3, Sec. 110.... 640 — trimmer beams, iron or steel. Ords., Art. 3, Sec. 107.... 639 — trusses, pin connected. Ords., Art. 3, Sec. 111.... 641 — trusses, stresses in. Ords., Art. 3, Sec. 110.... 640 — water level, iron or steel below. Ords., Art. 3, Sec. 112.... 642 litigation in relation to. Acts. Sec. 6, notes 47 loads on floors, weights and strains. — apartment houses, ball rooms, etc. Ords., Art. 3, Sec. 115.... 643 — capacity of girders, etc., to be stamped thereon. Ords., Art. 3, Sec. 119.... 645 — columns and foundations. Ords., Art. 3, Sec. 115.... 644 — dwellings, hotels, etc. Ords., Art. 3, Sec. 115.... 643 — factor of safety. Ords., Art. 3, Sec. 118.... 645 — floors. Ords., Art. 3, Sec. 115.... 643 — heavy machinery and weights on floors, permits for. Ords., Art. 3, Sec. 117.... 645 — joists, specifications, spac- ing. Ords., Art. 3, Sec. 113.... 642 — live load defined. Ords., Art. 3, Sec. 115.... 643 — machinery, safes, etc., on floors, permit for. Ords., Art. 3, Sec. 117... 645 — minimum live load. Ords., Art. 3, Sec. 115.... 643 — office buildings, concen- trated load, distributed load. Ords., Art. 3, Sec. 115.... 643 — owners to post maximum safe load. Ords., Art. 3, Sec. 116.... 645 - posting safe storage weights. Ords., Art. 3, Sec. 116.... 645 Page BUILDINGS— (Cont’d). Loads on Floors, etc. — (Cont’d). —roofs, ordinary, loads to carry. Ords., Art. 3, Sec. 115.... 644 — roofs, large, live load, wind pressure. Ords., Art. 3, Sec. 115.... 644 — safe weights for floors of stores, warehouses, etc. Ords., Art. 3, Sec. 114.... 642 — safes, machinery, etc., per- mit to install. Ords., Art. 3, Sec. 117.... 645 — safe weights for floors, schedule of. Ords., Art. 3, Sec. 115.... 643 —stables and carriage houses. Ords., Art. 3, Sec. 115.... 643 — tenements, floor loads. Ords., Art 3, Sec. 115.... 643 — warehouses. Ords., Art. 3, Sec. 114.... 642 — wind pressure. Ords., Art. 3, Sec. 115.... 644 — low buildings. Ords., Art. 3, Sec. 100.... 633 market houses, inspection of; Inspector of Buildings to make annual report of. Ords., Art. 3, Sec. 9 603 numbering houses, errors and irregularity in, pen- alty. Ords., Art. 3, Sec. 120.... 646 — numbering of, correction of errors in. Ords., Art. 39, Sec. 11....1175 obstruction of aisles or passage-ways in buildings of public assemblage pro- hibited; penalty. Acts, Sec. 280 251-253 owners of to provide for drainage from, penalty. Ords., Art. 14, Sec. 150.. 843 penalty relating to obstruc- tion of egress and exits from. Acts, Sec. 280 252 Permits For, — alterations and repairs. Ords., Art. 3, Sec. 11. .603 604 — Appeal Tax Court to issue. Ords., Art. 3, Sec. 5.-..600-601 — application filed as record. Ords., Art. 3, Sec. 5....600-601 BUILDINGS. BUILDINGS. Page 1331 Page BUILDINGS— (Cont’d) . Permits for — (Cont’d). — application for, by whom signed. Ords., Art. 3, Sec. 5, 600-601 — awnings. Ords., Art. 3, Sec. 134 ... 651 — balconies, porches, etc. Qrds., Art. 3, Sec. 13.... 604 — bathrooms . Ords., Art. 3, Sec. 13 604 — conformity to building re- quirements necessary. Ords., Art. 3, vSec. 5, 600-601 — consent of property owners, record of. Ords., Art. 3, Sec. 5, 600-601 — electrical installation and wiring. . Ords., Art. 3, Sec. 45.... 614 — elevators, permits for con- struction. Ords., Art. 3, Sec. 55. .. 618 619 — elevators, permits for re- pairs. Ords., Art. 3, Sec. 67. .. 624 — existing structures, ad- ditions and alterations to. Ords., Art. 38, Secs. 17, 19 1161-1162 — fences. Ords., Art. 3, Sec. 76.... 626 627 — frame sheds and wooden buildings. Ords., Art. 3, Sec. 87 ... 630 — furnaces. Ords., Art. 3, Secs. 38- 41 612-613 — gasoline storage tanks. Ords., Art. 11, Sec. 76.... 762 — grade lines, establi.shment of before issuing permits. Ords., Art. 35, Secs. 50- 53 1108-1109 — heating apparatus. Ords., Art. 3, Sec. 38 612 — new structures. Ords., Art. 3, Sec. 5. .600-601 Ords., Art. 38, Secs. 17- 21 1161-1163 — official stamp on plans and specifications. Ords., Art. 3, Sec. 5 600 601 — plans and specifications, return to applicant. Ords., Art. 3, Sec. 5 600 601 BUILDINGS— (Cont’d) . Permits for — (Cont’d). — porches, balconies, etc. Ords., Art. 3, Sec. 13... 604 — consent of property owners. Ords., Art. 3, Sec. 5 — 600 601 — record of. Ords., Art. 3, Sec. 5 600 601 — safes, machinery and weights. Ords., Art. 3, Sec. 117... 645 — signs and bill boards. Ords., Art. 3, Sec. 6 626 627 — specifications and drawings to accompany application. Ords., Art. 3, Sec. 5 600 601 — stables. Ords., Art. 3, Secs. 136- 137 652 — steam, gas and gasoline engines and machiner3^ Ords., Art. 3, Secs. 139- 149 653-657 — storage sheds. Ords., Art. 3, Sec. 88 680 — vaults and areas. Ords., Art. 3, Secs. 154, 155, 159, 160 659-661 — wOoden buildings. Ords., Art. 3, Sec. 87.... 630 Plans And Specifications, — alter, erase, modify plans stamped by Inspector of Buildings, unlawful. Ords., Art. 3, Sec. 7 602 — alteration of plans, notice to and assent of Inspector of Buildings. Ords., Art. 3, Sec. 7 602 — copies of plans to remain on file during construction. Ords., Art. 3, Sec. 6 602 — permanent retention of plans of private buildings not required. Ords., Art. 3, Sec. 6 602 — plans of buildings of public character to be perma- nently filed. Ords., Art. 3, Sec. 6 602 — police, fire regulations. Ords., Art. 25, Secs. 32- 35 969-970 BUIl.DINGS. BUILDINGS. 1332 Page BUILDINGS— (Cont’d). Repairs to City Buildings, — Inspector of Buildings to make. Ords., Art. 3, Sec. 10.... 603 Roofs, Cornices and Scuttles, — bulkheads instead of scut- tles. Ords., Art. 3. Sec. 122... 647 — cornices, exterior, specifica- tions, repairs to. Ords., Art. 3, Sec. 123.... 648 — cornices, metal, metal lookouts for. Ords., Art. 3, Sec. 124.... 648 — dormer windows, coverings of. Ords., Art. 3, Sec. 121.... 647 — exits through roofs. Ords., Art. 3, Sec. 122.... 647 — ^gutters, specifications, re- pairs to wooden. Ords., Art. 3, Sec. 123.... 648 — repairs to shingle roofs. Ords., Art. 3, Sec. 121.... 647 — roofs, planking, sheathing, covering and repairs to. Ords., Art. 3, Sec. 121.... 647 — scuttles, frames, doors, ladders of. Ords., Art. 3, Sec. 122.... 647 — shingle roofs, repairs to. Ords., Art. 3. Sec. 121. .. 647 — wooden buildings, roofs of. Ords., Art. 3, Sec. 121.... 647 Sanitary And Hygenic Regula- tions, — apartment, lodging and tenement houses. Ords., Art. 3, Sec. 125.... 648 — basements, use as sleeping rooms. Ords., Art. 3, Sec. 128.... 650 — boarding, lodging and tene- ment houses, overcrowd- ing. Ords., Art. 3, Sec. 129.... 650 — buildings, wooden, below street level. Ords., Art. 3, Sec. 132.... 651 — cesspools, construction specifications. Ords., Art. 3, Sec. 131.... 650 — Commissioner of Health to approve privy wells. Ords., Art. 3, Sec. 127.... 649 Page BUILDINGS— (Cont’d). Sanitary, etc. — (Cont’d). — crowding in lodging, etc., houses prohibited. Ords., Art. 3, Sec. 129.... 650 — damp floors, not to use for sleeping. Ords., Art. 3, Sec. 128.... 650 —drainage from dwellings etc. Ords., Art. 3, Sec. 126... 649 — dwellings, sleeping rooms in, ventilation of. Ords., Art. 3, Sec. 125.... 648 — notice to owners of wooden buildings below street level. Ords., Art. 3, Sec. 132.... 651 — penalty for disregard of • orders of Commissioner of Health. Ords., Art. 3, Sec. 132.... 651 — privies of dwellings, etc., use in common. Ords., Art. 3, Sec. 127.... 649 — privy wells, construction of. Ords., Art. 3, Sec. 127.... 649 — roofs of dwellings, lodging houses, etc., maintainence of. Ords., Art, 3, Sec. 126.... 649 — sinks of public schools, cleaning of. Ords., Art. 3, Sec. 130.... 650 — sleeping rooms, ventilation of. Ords., Art. 3, Sec. 125.... 648 — transoms, area of. Ords., Art. 3, Sec. 125.... 648 — ventilation of sleeping rooms. Ords., Art. 3, Sec. 125.... 648 — water closets of dwellings, etc., use of in common Ords., Art. 3, Sec. 127.... 649 — wells used in privies, re- quirements for. Ords., Art. 3, Sec. 131.... 651 — wooden buildings below street level, to raise and underpin with stone, penalty. Ords., Art. 3, Sec. 132.... 651 — yards, grading and drain- age. Ords., Art. 3, Sec. 127.... 649 BUILDINGS. BUILDINGS. Page 1333 Page BUILDINGS— (Cont’d) . Sidewalks, — awnings, permit fee. Ords., Art. 3, Sec. 134.... 651 — grade of sidewalks. Ords., Art. 3, Sec. 133. .. 651 Stables, — application for permit to erect or alter, publication of. Ords., Art. 3, Sec. 136 ... 652 — liver}", consent of Mayor and City Council to erec- tion or alteration. Ords., Art. 3, Sec. 135.... 651 652 — penalty for erection with- out permit, removal of stables so erected. Ords., Art. 3, Sec. 137.... 652 — temporary sheds for mechanics. Ords., Art. 3, Sec. 99.... 633 Vaults and Areas, — alteration and repair of cellar doors, permit, pen- alty. Ords., Art. 3, Sec. 159.... 661 — application for permit. Ords., Art. 3, Sec. 155 ... 659 — approval of construction by Board of Estimates. Ords., Art. 3, Sec. 154 ... 659 — area or vault, defined. Ords., Art. 3, Sec. 156 ... 660 — basements and cellars, entrance to, protection of, penalty. Ords., Art. 3, Sec. 157 ... 660 — cellar doors, alteration and repair, permit, pen- alty. Ords., Art. 3, Sec. 159.... 661 — c ompletion in three weeks. Ords., Art. 3, Sec. 155 ... 659 — construction, protection, during, penalty. Ords., Art. 3, Sec. 158 ... 660 — cost of permit. Ords., Art. 3, Sec. 155. .. 659 — covering of vaults, etc., in accordance with permit, penalty. Ords., Art. 3, Sec. 160. .. 661 — doors and grates of cellars. Ords., Art. 3, Sec. 157 ... 660 BUILDINGS -(Cont’d). Vaults and Areas — (Cont’d). — entrance to cellars and base- ments, protection of, pen- alty. Ords., Art. 3, Sec. 157.... 660 — exceeding permit, effect of. Ords., Art. 3. Sec. 155 ... 659 — extension of time for com- pletion. Ords., Art. 3, Sec. 155. .. 659 — penalty for failure to pro- tect. Ords., Art. 3, Sec. 157.... 660 — permit for construction. Ords., Art. 3, Sec. 154..,. 659 — protection during construc- tion, penaltv. Ords., Art.‘'3, Sec. 158. .. 660 — railings around vaults and areas, penalty. Ords., Art. 3, Sec. 157.... 660 — thickness of walls. Ords , Art. 3, Sec. 155.... 659 - -“vault” or “area” defined. Ords., Art. 3. Sec. 1.56. .. 660 Walls of Buildings. — anchoring walls. Ords., Art. 3, Sec. 198. .. 678 — arches, brick, between joists. Ords., Art. 3, Sec. 199.... 678 — area of buildings of less than three stories. Ords., Art. 3, Sec. 181.... 671 — area of buildings without partition walls. Ords., Art. 3, Sec. 180.... 671 — ashler stone, less than four inches thick. Ords., Art. 3, Sec. 194.... 677 — base courses, specifications. Ords., Art. 3, Sec. 161. .. 661 — bearing walls, thickness of. Ords., Art. 3, Sec. 174.... 668 — brick arches between joists. Ords., Art. 3, Sec. 199.... 678 — brick walls between iron or steel columns. Ords., Art. 3, Sec. 187.... 673 — brick work, specifications for. Ords., Art. 3, Sec. 191. .. 675 Ords., Art. 3, Sec. 195.... 677 — buildings fronting on three streets, area of. Ords., Art. 3, Sec. 180.... 670 — buildings, government. Federal or State exempt. Ords., Art. 3, Sec. 202.... 679 BUIIvDINGS. BUII.DINGS. 1334 BUILDINGS— (Cont’d). Walls of Buildings — (Cont’d). — cellar walls. Ords., Art. 3, Sec. 170.... 665 — centre walls, between houses. Ords., Art. 3, Sec. 175.... 668 — chases in walls. Ords., Art. 3, Sec. 192.... 676 — clear span, additional thick- ness for increase in. Ords., Art. 3, Sec. 177. .. 670 — clear span, limit of. Ords., Art. 3, Sec. 172.... 667 — clear span, when girders used. Ords., Art. 3, Sec. 173. .. 667 — collection of fines. Ords., Art. 3, Sec. 204.... 680 — concrete walls, specifica- tions. Ords., Art. 3, Sec. 193.... 676 — construction of dwelling walls. Ords., Art. 3, Sec. 171.... 667 — corner buildings, area of. Ords., Art. 3, Sec. 180.... 670 — cross walls, absence of, to increase side walls. Ords., Art. 3, Sec. 182.... 671 — cost of repairing party walls. Ords., Art. 3, Sec. 166.... 663 — curtain walls. Ords., Art. 3, Sec. 187.... 673 — dangerous walls. Inspector of Buildings to underpin. Ords., Art. 3, Sec. 165.... 663 — division walls. Ords., Art. 3, Sec. 162.... 662 — door and window openings. Ords., Art. 3, Sec. 190.... 674 — “dwelling-house walls” de- fined. Ords., Art. 3, Sec. 170.... 665 — erection of walls, safety during. Ords., Art. 3, Sec. 189. .. 674 — excavations beyond ten feet, underpinning adjoining walls. Ords., Art. 3, Sec. 166.... 663 — excavations less than ten feet, underpinning. Ords., Art. 3, Sec. 165.... 663 — face brick to be bonded with brick. Ords., Art. 3, Sec. 196.... 677 BUILDINGS— (Cont’d) . Walls of Buildings — (Cont’d). — Federal and State construc- tion exempt. Ords., Art. 3, Sec. 202.... 679 — fire walls of two-story build- ings. Ords., Art. 3, Sec. 186.... 673 — floor beams, separation of in party wall. Ords., Art. 3, Sec. 175.... 668 — footings of walls. Ords., Art. 3, Sec. 161.... 661 Ords., Art. 3, Sec. 170.... 665 — foundation walls, Ords., Art. 3, Sec. 163.... 662 — framing joists, trimmers and headers. Ords., Art. 3, Sec. 200.... 678 — headers in brick and stone walls. Ords., Art. 3, Sec. 197. .. 677 —hollow walls. Ords., Art. 3, Sec. 191.... 675 — independent division or par- ty walls. Ords., Art. 3, Sec. 169. .. 664 — joists, anchorage of. Ords., Art. 3, Sec. 198.... 678 — joists, framing of. Ords., Art. 3, Sec. 200.... 678 — limiting area of buildings. Ords., Art. 3, Sec. 181.... 671 — masonry and brickwork specifications. Ords,, Art. 3, Sec. 191.... 675 — miscellaneous walls. Ords., Art. 3, Sec. 178. .. 670 — mortar and sand specifica- tions. Ords., Art. 3, Sec. 201.... 679 — mortar for various founda- tion walls. Ords., Art. 3, Sec. 170.... 665 — non-bearing walls, mini- mum thickness. Ords., Art. 3, Sec. 171.... 667 — notice to owner to under- pin party wall. Ords,, Art. 3, Sec. 165 ... 663 — one-story structures, walls of. Ords., Art. 3, Sec. 184.... 672 — openings for doors and win- dows. Ords., Art, 3, Sec, 190.... 674 — parapet walls, coping of. Ords., Art. 3. Sec. 191... 675 — partition walls, fore and aft. Ords., Art. 3, Sec. 171.... 667 BUILDINGS. BUILDINGS. Page 1335 BUILDINGS— (Cont’d). Page BUILDINGS— (Cont’d). Walls of Buildings — (Cont’d). — partition walls in ware- houses and factories. Ords., Art. 3, Sec. 179.... 670 — partition walls, reduction for cross walls. Ords., Art. 3, Sec. 183. .. 671 — partition walls, substitutes for. Ords., Art. 3, Sec. 180.... 670 — partition walls, supporting beams. Ords., Art. 3, Sec. 172 ... 667 — party walls, concrete pro- hibited. Ords., Art. 3, Sec. 193.... 676 — party walls, excavations for, cost to adjoining owners. Ords., Art. 3, Sec. 166.... 663 — party walls, heretofore built, not in accordance herewith . Ords., Art. 3, Sec. 188. .. 673 — party walls, protection dur- ing excavation, cost of. Ords., Art. 3, Sec. 165. .. 663 — party walls, defective, re- pair or removal. Ords., Art. 3, Sec. 167. .. 664 — party walls, unequal use of, reimbursement of owner. Ords., Art. 3, Sec. 168 ... 664 — penalties imposed hereun- der. Ords., Art. 3, Sec. 203. .. 679 — public buildings, wall speci- fications. Ords., Art. 3, Sec. 178 ... 670 — repair or removal of party walls. Ords., Art. 3, Sec. 167. .. 664 — recesses for elevators, stair- ways, etc. Ords., Art. 3, Sec. 192. .. 676 — recovery of fines and pen- alties. Ords., Art. 3, Sec. 204.... 680 — rock-bottom foundations. Ords., Art. 3, Sec. 164. .. 662 — safety provisions during erection. Ords., Art. 3, Sec. 189. .. 674 — single-thickness walls, height of. Ords., Art. 3, Sec. 173 ... 667 — state and federal buildings, exempt. Ords., Art. 3, Sec. 202.... 679 Walls of Buildings — (Cont’d). — stone ashler, less than four inches thick. Orels., Art. 3, Sec. 194.... 677 — strength of walls. Ords., Art. .3, Sec. 191.... 675 — thickness of dwelling walls. Ords., Art. 3, Sec. 170. .. 665 — two story dwellings, walls of. Ords., Art. 3, Sec. 185 ... 672 — underpinning walls during construction. Ords., Art. 3, Sec. 165-6.. 663 — “warehouse walls,” defined, thickness for height. Ords., Art. 3, Sec. 176.... 668 — window and door openings. Ords., Art. 3, Sec. 190. .. 674 Water — police to report use of for building purposes. Ords., Art. 25, Sec. 115.. 996 Wood. — use in construction ; when permitted. Ords., Art. 3, Sec. 95.... 632 Wooden Buildings, — removal of from lot to lot. Ords., Art. 3, Sec. 100... 633 Wood Work, — air space behind or around prohibited. Ords., Art. 3, Sec. 95.... 632 BUILDINGS AND SCHOOL PROPERTY. Board of School Commission- ers to have charge of. Ords., Art. 32, Sec. 1 1043 BUILDINGS FOR STORING OILS, fireproof, frame buildings. Ords., Art. 11, Sec. 85.. 766 BUILDINGS IN ANNEX, numbering contrary to system of Topographical Survey forbidden. Ords., Art. 39, Sec. 9....1174 BUILDINGS. 1336 BURNT DISTRICT. Page BUILDINGS, INSPECTOR OF, See ‘ ''Inspector of Buildings'' ’ and "'Buildings.'" BUILDINGS OF WOOD,. fire precautions, lamps out- side of, penalty. Ords., Art. 11, Sec. 55.. 755 BUILDINGS, PUBLIC, Art Commission to approve designs. Acts, Sec. 203 207 charge of, under Superin- tendent of Public Build- ings. Acts, Sec. 207.... 209 BULKHEAD AND PIERHEAD LINES, See ‘ ''Harbor, Docks and lVka?ves." Acts, Sec. 6 51 Ords., Art. 13, Sec. 10.... 775 BURIAL EXPENSES, See '''‘Coroners.''’' BUSINESS PLACES, privies of to be separated for males and females. Ords., Art, 14. Sec. 158.. 845 846 BUOYS, Anchorages Nos. 1, 2, 3 and 4 to be marked by. Ords., Art. 13, Sec. 4 773 BURIAL FROM MORGUE, clothing and effects of per- sons receiving. Ords., Art. 14, Sec. 80 ... 821 BURIAL GROUNDS, depth of graves in ; penalty. Ords., Art. 14, Sec. 113.. 831 BURIAL OF INFECTED BODIES, regulations for. Ords., Art. 14, Sec. 17.... 801 BURIAL PERMITS, See "Health.'''' Ords., Art. 14, Sec. 184.. 860 BURNING SHAVINGS, restrictions on, penalty. Ords., Art. 11, Sec. 66.... 758 BURNT DISTRICT, boundaries of defined. , App. A, Sec. 30 1258-1259 building in conflict with high- way lines prohibited; penalty. Ords., Art. 35, Sec. 12....1094 deeds of property in. Ords., Art. 1 Sec. 4....572-273 footways in ; permits for repair of required. Ords., Art. 35, Sec. 13. ...1094 side walks in; construction and material of. Ords , Art. 35, Sec. 14.. ..1095 BURNT DISTRICT COMMIS- SION, acquisition of lands. App. A, Sec. 5 1240 appeals from decisions of. App. A, Sec, 7 1241 appointment and qualifica- tions of members. App. A, Sec. 1 1235 appointment of substitute for interested commis- sioner. App. A Sec. 19 1252 appropriation for expenses of. App. A, Sec. 29 ....1257 assignment of damages where benefits also as- App. A, Sec. 25 1254-5 assistants, employment of. App. A, Sec 1 1236 Baltimore City Court, juris- diction of. App. A, Sec. 12 1249 benefits; collection of as- sessment. App. A, Sec. 13 . 1250 benefits, discount for early payment of. App. A, Sec. 37 1263 benefits; sale of property for. App. A, Sec. 14 1251 benefits; sales for, deed to purchaser. App. A, Sec. 16. .1251 BURNT DISTRICT BURNT DISTRICT 1337 Page BURNT DISTRICT, Etc — (Cont’d). benefits to be considered in assessing damages, App. A, Sec. 26 1255 boundaries of “Burnt Dis- trict.’’ App. A, Sec. 30 1258-9 chairman, election and duties of. App. A, Sec, 1 1235 changes of grades, damages for. App. A, Secs. 35-36....1262-3 City Boards to act on reports of. App. A, Sec. 4 1238 City Court to try questions of fact. App. A, Sec. 12 1249 Cit}" Engineer, effect on powers of. App. A, Sec. 31 1259 claims of property owners, adjudication of. App. A, Sec. 9 1244 closing review of proceed- ings. App. A, Sec. 10 1247 closing streets, powers and procedure in. App. A, Sec. 28 ... 1256 Commissioner of Street Cleaning, efiecton powers of, App. A, Sec. 31 1259 conveyances of property by, validity of. App. A. Sec. 6 1230 damages, fund for payment. App. A, Sec 36 1253 damages to be paid or ten- dered before streets opened. App. A, Sec. 17 1252 depo.sit of records of, with City Regi.ster. App. A, Sec. 23 1254 deeds of rendered void by use of signs or bill boards in “Burnt Dis- trict.’’ City Code, Sec. 4 572-573 discount for early payment of benefits assessed. App. A, vSec. 37 1263 docks, additions to. App. A, Sec. 3 1239 duties of Commission. App. A, Sec. 2 1236 Page BURNT DISTRICT, Etc.— {Cont’d). exception to awards dam- ages and benefits, proced- ure in, App. A, Sec. 12 1248 expenses. City Register to pay on vouchers. App. A, Sec. 22 1254 extra powers to be granted by cit3', App. A, Sec. 3 1237 fee simple and leasehold to be distingiushed in as- sessments. App. A, Sec. 20 1255 fund for payment of dama- ges. App. A, Sec. 36 1263 gifts of property to city, benefits released. App. A, Sec. 6 1241 harbor, filling up, in widen- ing Eight and Pratt streets. App. A, Sec. 27 1256 highways, streets acquired, to become. App. A, Sec. 24 1254 interested commissioner, appointment of substitute for. App. A, Sec. 19 1252 jurisdiction of Baltimore City Court. App. A, Sec. 12 1249 leaseholds and fees distinc- tion between, in assess- ments. App. A, Sec. 20 1253 lien for benefits to insure to volunteer paying assessment. App. A. Sec. 18 1253 Eight and Pratt streets, filling up harbor to widen. App. A, Sec. 27 1256 Eight street, state property involved in widening. App. A, Sec. 34 1261 loan for Burnt Di.strict improvement. App. A, Sec. 32 1260-61 minutes of meetings, secre- tary to keep. App. A, Sec. 1 1235 notice of contemplated im- provement, publication of. App. A, Sec. 10 1246 I BURNT DISTRICT. 1338 Page BURNT DISTRICT, Etc.— (Cont’d). notice to owners, etc., interested in condemna- tions. App. A, Sec. 11 ,1248 obstructions to improve- ments, owners to remove. App. A, Sec. 21 1253 opening, widening, etc., streets, duties and powers in. App. A, Sec. 4 1239 powers of commissoners, procedure, etc. App. A, Sec. 4 1237-39 Pratt and Light streets, fill- ing up harbor to widen. App. A, Sec. 27 1256 precedure in making im- provements. App. A, Sec. 8 1242-3 qualifications of members. App. A, Sec. 1 1235 records to be deposited with City Register. App. A, Sec. 23 1254 review of proceedings in assessments. App. A, Sec. 10 ....1247 salaries of members, chair- man and secretary. App. A, Sec. 1 1235 sales of property for benefits assessed. App. A, Sec. 15 1251 secretary, duties, salary. App. A, Sec. 1 1235 state lands in Burnt Dis- trict, conveyance of. App. A, Secs. 33-34 1261 voters to pass on Burnt District Loan. App. A, Sec. 32 1561 wharves and dock, additions to. App. A, Sec. 4 1239 BURNT DISTRICT IM- PROVEMENT LOAN, App. A, Sec. 32 1260-1261 BUSHEL AND PECK MEAS- URES, dimensions, penalty, Ords., Art. 17, Sec. 9..878-9 BUTCHERS, carts of in markets. Ords., Art. 23, Sec. 60.— 937 BUTCHERS. Page — puddings and sausages — sale of, by. Ords., Art. 41, Sec. 17....1201 BUTCHERS AND PACKERS, keeping of hogs. Ords., Art. 14, Sec 198, 865-866 BUTTER AND LARD, seizure by market clerks when short weight. Ords., Art. 23, Sec. 3.... 919 BUTCHERS’ CLOSETS IN MARKETS, construction of; to be raised above pavement, penalty. Ords., Art. 23, Sec. 46, 932-3 BUTCHERS’ STALLS AND BENCHES, obstruction in use of. Ords., Art. 23, Sec. 47.... 933 — regulating use of space in. Ords., Art. 23, Sec. 48, 933 ^ BUTTER MILK AND SKIM- MILK, sale of, regulated, Ords., Art. 14, Sec. 59.. 814 BUTTER, STANDARD POUND, See '‘"Markets.'' CABS AND HACKS IN STREETS, ETC., See ‘ ‘ Vehicles. ' ' CALVERT STREET, vehicles; stands for prohibited. Ords., Art. 4, Sec. 39.... 693 CALVES IN MARKETS, sales of, charges on, where to sell, proviso. Ords., Art. 23, Sec. 39.. 931 — slaughter of, minimum age for, penalty. Ords., Art. 23, Sec. 40.. 931 CAMDEN STATION, locomotives to be used in vicinity of. Ords., Art. 30, Sec. 13..1019 CAMDEN street. CARRIAGES. Page 1339 Page CAMDEN STREET, vehicles; stands for pro- hibited. Ords., Art. 4, Secs. 32, 33, 34 and 37 692-693 CANDIDATES FOR A P - POINTMENT AS POLICE, See "'Police Examiners.'’'' CANDIDATES FOR TEACH- ING, examination of. Acts, Sec. 101 155 CANDY FACTORIES AND CONFECTIONERIES, analysts and inspectors for. Acts, Sec. 73 139 inspection of. Acts, Sec. 6 56 CANNING HOUSE REFUSE, contracts for removal of. Ords., Art. 36, Sec. 4..1141-2 CANTON AVENUE, locomotives to be used on. Ords., Art. 30, Sec. 13.1020 CANTON MARKET, provisions relating to. Ords., Art. 23, Secs. 70- 72 940-941 CANS FOR GASOLINE, ETC., domestic use, sales for. Ords., Art. 11, Sec. 78.. 763 CAPIAS, See "Courts." return of by sheriff; indorse- mentsthereon and re-issues. Acts, Sec. 333 277 CAR LICENSES. See "Licenses." annual license fee for. Ords., Art. 41, Sec. 18.1201 CARD PLAYING, fraud or cheating at; penalty. Ords., Art. 12, Sec. 1.... 767 CARE OF PUMPS, owners to care for pumps. Ords., Art. 40, Sec. 34.1188 CARGOES INFECTED BY DISEASE, See ‘ ‘ Quaranthie Hospital. ’ ’ landing of prohibited; penal- ty- Ords., Art. 14, Sec. 166. 850-851 CARRIAGES, See "Hackney Carriages and Coaches. ’ ’ market houses, horses and carriages prohibited in , penaltv. Ords., Art. 23, Sec. 32.. 929 powers to license, power to regulate. Acts, Sec. . 6 47 water charge for. Ords., Art. 41, Sec. 55..121S CARRIAGES AND HORSES, Acts, Secs. 281-293....253-25S sales by auction. {^See ‘ "A uctioneers. ’ ’) penalties — one half to in- former and other half to dispensaries. Acts, Sec. 290 257 regulations by Mayor relat- ing to. Acts, Sec. 258 238 CARRIAGES, BOATS AND SCOWS, See "Licenses;" "Water Rents'’ ’ and ‘ ‘ Vehicles. ' ’ Ords., Art. 4, Secs. 1-41 680-694 CARRIAGES, COACHES, ETC., in streets. {See ‘ ‘ Vehicles. ’ ’ ) license for stable hire. Ords., Art. 41, Sec. 82.. ..1227 water rents for. Ords., Art. 41, Sec. 55....1218 CARS. CATTRE. 1340 Page CARRYING GUNPOWDER THROUGH CITY, precautions. Ords., Art. 11, Sec. 80.... 764 CARTS IN STREETS, See ‘ ‘ Vehicles. ’ ’ CARS IN MOTION, minors jumping on or off; penalty; cost. Ords., Art. 30, Sec. 10..1018 CARS IN STREETS, See '‘'‘Railroads and Rail- ways. ’ ’ Ords., Art. 30, Sec. 1.... 1015-1018 CARS OF STEAM RAIL- ROADS, See ''Railroads and Rail- ways." Ords., Art. 30, Sec. 1.... ...1015-1018 CARS OF STREET RAIL- WAYS, licenses for; cost of. Ords., Art. 41, Sec. 18..1201 CARTS OR VEHICLES, See ‘ ‘ Vehicles' 'and " Wood. ' ' power to license. Acts, Sec. 6 47 power to regulate. Acts, Sec. 6 47 CASKS AND LIQUORS, See "Inspections, Weights and Measures. ' ' CATHEDRAL CEMETERY. opening streets through. Acts, Sec. 6 82 CATONSVILLE WATER COMPANY, city to acquire rights of. Acts, Sec. 6 93 procedure in acquisition of its rights by city. Acts, Sec. 6 93 Page CATTLE, ETC., AT LARGE, killing and seizure by any one, lawful; penalty for owner. Ords., Art. 25, Sec. 9.... 963 CATTLE, HORSES, ETC., driving on Sabbath pro- hibited, penalty, proviso. Ords., Art. 31, Sec. 1....1040 CATTLE, SHEEP AND SWINE- DRIVING THROUGH STREETS, Arlington avenue, Payson street and Riggs avenue, prohibited in territory bounded by. Ords., Art. 25, Sec. 14.. 965 Baltimore & Ohio Railroad cattle pens, driving to and from. Ords., Art. 25, Sec. 23, 966-67 Baltimore street and public squares unlawful on. Ords., Art. 25, Secs. 12, 16 964-5 Boundary avenue between Madison and Greenmount avenues, unlawful on. Ords., Art. 25, Sec. 26.. 968 cattle not enroute to or from points in city not to be driven through streets, penalty. Ords., Art. 25, Sec. 23..966-7 — number of in single drove limited, drivers required. Ords., Art. 25, Sec. 16.. 925 Centre street, between Howard and Calvert streets, unlawful on. Ords., Art. 25, Sec. 27.. 968 Claremont Stock Yards, streets used to and from. Ords., Art. 25, Sec. 29.. 968 Conrad Hohman, special permission to. Ords., Art. 25, Sec. 21.. 966 days and hours for driving sheep. Ords., Art. 25, Sec. 12.. 964 drivers of cattle, number required to drove. Ords., Art. 25, Sec. 16.. 965 CATTLE, ETC. cattle, etc. 1341 Page CATTLE, SHEEP, Etc.— (Cont’d). droves, distance apart in driving. Ords., Art. 25, Sec. 18.. 966 — droves, head of cattle to, number of drivers. Ords., Art. 25, Sec. 16.. 965 exception as to stock for shipment by water. Ords., Art. 25, Sec. 20.. 966 fines for illegal driving. Ords., Art. 25, Sec. 19.. 965 Fulton avenue between Baltimore street and Edmondson avenue, un- lawful on. Ords., Art. 25, Sec. 31.. 968 Gilmor street north of Lexington street, un- lawful on. Ords., Art. 25, Sec. 25.. 967 hogs not to stop or lie down, penalty. Ords., Art. 25, Sec. 22.. 966 hogs and sheep, number to single drove, number of drivers required. Ords., Art. 25, Sec. 17.. 965 Hohman, Conrad, special permission to. Ords., Art. 25, Sec. 21.. 966 hours and season for driv- ing cattle and hogs. Ords., Art. 25, Sec. 11.. 964 Laurens street between Linden and Park avenues, unlawful on. Ords., Art. 25, Sec. 25.. 967 McMechen street between Linden and Park ave- nues, unlawful on. Ords., Art. 25, Sec. 25.. 967 milch cows and calves, between stables and past- urage or to shipping points, excepted. Ords., Art. 25, Sec. 28.. 968 Mulberry street, between Charles and Greene streets, unlawful on. Ords., Art. 25, Sec. 31. .968-9 Pay son street, Arlington and Riggs avenues, unlawful in territory bounded by. Ords., Art. 25, vSec. 14.. 965 penalties for unlawful driv- ing. Ords., Art. 25, Sec. 19.. 965 Page CATTLE, SHEEP, Etc.— (Cont’d). — penalty for sheep on Balti- more street and public squares. Ords., Art. 25, Sec. 13.. 964 pens in Baltimore County and on Pratt street, driving to and, from. Ords., Art. 25, Sec. 24.. 967 Pratt street, pens on, rights of owners of. Ords., Art. 25, Sec. 24.. 967 Riggs and Arlington ave- nues and Pay son street, unlawful in territory bounded by. Ords., Art. 25, Sec. 14.. 965 Saratoga street, between Greene and Calvert streets, unlawful on. Ords., Art. 25, Sec. 30.... 968 sheep — and hogs, maximum number in drove, num- ber of drivers. Ords., Art. 25, Sec. 17.. 965 — days and hours for driving. Ords., Art. 25, Sec. 12.. 964 shipments of stock by water excepted. Ords., Art. 25, Sec. 20.. 966 slaughter houses and ship- ping points, driving between, all other driving prohibited. Ords., Art. 25, Sec. 23, 24 966-67 State pens, driving to and from. Ords., Art. 25, Sec. 23, 966-67 Sunday, unlawful on, and on Baltimore street at any time. Ords., Art. 25, Sec. 15.. 965 Wilkens avenue, between Bentalou and Gilmor streets, unlawful on. Ords., Art. 25, Sec. 31, 968-69 Wilson street, between Park and Linden avenues, unlawful on. Ords., Art. 25, Sec. 25, 967 Woodberry, hours for driv- ing through. Ords., Art. 25, Sec, 31, CANDIDATES. CERTIFICATES. 1342 Page CANDIDATES, See ‘ '‘Primary Elections. ’ ’ App. C, Sec. 1 1270-1273 selection of, by primary elec- tions. App. C, Sec. 1 1269-1275 CAUSES OF DEATH, coroner’s certificate to state. Ords., Art. 14, Sec. 183, 860 CEDAR AVENUE, tracks on, prohibited. Acts, Sec. 801 497 CELLAR DRAINERS, water charges for. Ords., Art. 41, Sec. 73..1223 CELLARS, BASEMENTS, ETC., See '‘'‘Health" and "Tene- ment Houses." Acts, Sec. 6 52 Ords., Art. 14, Sec. 94.. 826 construction, ventilation , ‘ '‘Buildings. ’ ’ ) CEMETERIES, See "Cathedral Cemetery." CENTRE MARKET, provisions relating to. Ords., Art. 23, Secs. 73- 74 941 CENTRE STREET, cattle driving through, pro- hibited. Ords., Art. 25, Sec. 27.. 968 CERTIFICATES of, character. {See ‘ '‘Police Examiners. ’ ’ ) counsel. See ‘ ‘ Courts. ’ ’ disability of policemen. {See ‘ 'Special Police Fund. ’ ’ ) indebtedness, {See "Police Commission- ers."') CERTIFICATES of,— (Cont’d^.^^^ inspection. {See "Inspection., 'Weights and Measures.") licenses. {See ‘ ‘ Markets ’ ’ sub-title ‘ ‘ L icenses and Rents. ’ ’ ) Ords., Art. 23, Sec. 17.... 924 pawnbrokers. {See "Licenses" and "Pawn- brokers.") Ords., Art. 41, Secs. 31, 32 1207-1208 payment of license fee for poles. Ords., Art. 41, Sec. 39....1211 publication. {See "Ordinances and Reso- lutions.") publication, clerk to Commissioners for Opening Streets to pre- serve copies of. Acts, Sec. 173 190 pupils of schools; physicians to furnish ; notice to prin- cipal. Ords., Art. 32, Sec. 35.. ..1056 schools and colleges. Art. 32. Secs. 11-14..1047-1048 {See ‘ '‘Schools' ' sub-title ‘ ‘ Certificates, Diplomas and Prizes.") taxes due. Acts, Sec. 58 A 131-132 title. — City Solicitor, from. Acts, Sec. 174 190 Stock, — bond for renewal when lost. Ords., Art. 34, Sec. 7..1078-9 — consolidation of. Ords., Art. 34, Sec. 17....1082 — form of. Ords., Art. 34, Sec. 1 1077 — issue of, conditioned on pa}nnent for. Ords., Art. 34, Sec. 3 1077 — lost or destroyed, renewal of. Ords., Art. 34, Secs. 5. 7 1078-1079 — sums in which issued. Ords., Art. 34, Sec. 2 1077 CESS-POOI.S. CHARITIES. 1343 Page CESSPOOLS, See "‘Health." Ords., Art. 14, Sec. 145.. 841, 842 CHAIRMAN, New Sewerage Commission. Acts, Sec. §824a 509 CHALLENGERS, i^See "Primary Elections."') App. C, Sec. 1 1273 CHANCERY SALES, property sold under decrees. note 182 — report of to Appeal Tax Court. Acts, Sec. 165 182 CHANGES OF GRADES, See "Streets and City Engi- neer" and "Topographical Survey. ’ ’ damages for, in “Burnt Dis- trict;’’ proviso. App. A, Sec. 35 1262 — fund from which to be paid. App. A, Sec. 36 1262, 1263 CHARCOAL, See ‘ '' hispectio7is , Weights and Measures. ’ ’ — license for sale of, penalty. Ords., Art. 41, Sec. 19. ...1202 CHARCOAL MILLS, permit to erect ; penalty. Ords. Art. 14, Sec. 72.... 818 819 CHARGES AGAINST POLICE, See "Police Commissioners." CHARGES FOR WATER, See ‘ ‘ Water Rents. ’ ’ beyond city limits. Ords., Art. 41, Sec. 72....1222 CHARITABLE I N S T I T U - TIONS, water rents for. Ords., Art. 41, Secs. 58- 61 1219 water rates to, basis for fix- ing, authority of Water Board. Ords., Art. 41, Sec. 66.. . 1220 Page CHARITABLE MARINE SO- CIETY OF BALTIMORE, estates of mariners dying intestate. Acts, Sec. 703 429 rights of unaffected bv Secs. 808-812 of Charter. Acts, Sec. 813 501 CHARITABLE PURPOSES, funds for. Acts, Sec. 2 42 CHARITIES, concerts for ; licenses for un- necessary. Ords., Art. 41, Sec. 13.... 1200 CHARITIES AND CORREC- TIONS, See "Charities, Supervisors of City. ’ ’ Board of — membership; powers and duties of. Acts, Sec. 103 156 department of — composi- tion and organization of. Acts, Sec. 103 156 department of — visitors of jail. Acts, Sec. 118 162 CHARITIES, SUPERVISORS OF CITY, almshouse, superintendent of, appointment. Acts, Sec. 113 161 annual report to city. Acts, Sec. 104 157 authority to procure ma- chinery, etc. Acts, Sec. 110 160 board of, appointment. Acts, Sec. 104 156 certificate as to fitness of in- digent poor. Acts, Sec. 105 158 charities and corrections, first sub-department of. Acts, Sec. 104 159 CHARITIES. CHECKS.. 1344 Page CHARITIES, Etc.-(Cont’d). children in institutions, care of. Acts, Sec. 107 159 children placed with fami- lies to visit. Acts, Sec. 107 159 children, removal or dis- charge from institutions. Acts, Sec. 107 159 commitment of de.stitute children; powers of super- visors in relation thereto ; summons and inquiry. Acts, Sec. 107 159 correction of disorderly in- mates of almshouse. Acts, Sec. 112 160 destitute and neglected chil- dren ; care of. Acts, Sec. 107 159 duties of. Acts, vSec. 104 157 indigent and insane poor, treatment outside alms- house. Acts, Sec. 106 158 meet at almshouse, to meet five times a year. Acts, Sec. Ill 160 offenders — Sections 104 to 116 not to apply to. Acts, Sec. 117 162 paupers, admission of to almshouse. Acts, Sec. 108 160 president, secretary, salary. Acts, Sec. 104 157 provision for support, treat- ment and employment of paupers. Acts, Sec. 109 160 provisions, purveyor of; ap- pointment. Acts, Sec. 115 161 purveyor of provisions to almshouse, bond of. Acts, Sec. 116. 162 qualifications. Acts, Sec. 104 157 Page- CHARITIES, Etc.-(Cont’d). subordinates , Acts, Sec. 104 157 term of office. Acts, Sec. 104 156^ CHARLES STREET, vehicles; stands for prohibit- ed. Ords., Art. 4, Secs. 30-40 690-691 CHECKS, accompanying bids, to be cer- tified. Acts, Sec. 15 99 CHECKS OF CITY, by whom to be signed and countersigned. Acts, Sec. 20 A 101 Comptroller to approve and countersign. Ords., Art. 6, Sec. 4..699-700 CHEESE, license for sale of; penalty. Ords., Art. 41, Sec. 16 1200-1201 CHEMICAL LABORATO- RIES, Acts, Sec. 493 321- CHEMISTS, See ‘ '‘Health ’ ’ and ‘ '‘Foods and Food Products F Ords., Art. 14, Sec. 61 814-815- CHESAPEAKE AND POTO- MAC TELEPHONE COM- PANY, See '‘'‘Electrical Commission and Subways. ’ ’ Ords., Art. 9, Secs. 19-24 724-727 conduits of, police and fire alarm wires in. Ords., Art. 11, Sec. 35.. 749- rights of, unaffected; Ordinance 41, 1889. Acts, Sec. 6 82: 1345 Page CHESAPEAKE BAY, pollution of by sewerage sys- tem prohibited. Acts, Sec. §824d 511 river and harbor fund; report of City Register. Ords., Art. 2, Sec. 1 589 CHIEF CLERKS OF CITY COUNCIL, See ‘ ‘ City Council. ’ ’ CHIEF CLERK OF SECOND BRANCH, printing; orders for to be kept on file by. Ords., Art. 29, Sec. 3..1008-09 CHIEF ENGINEER, New Sewerage System; ap- pointment of. Acts, Sec. §824d 511 CHIEF ENGINEER OF FIRE DEPARTMENT, See ''Fire Department.'" CHIEF ENGINEER TOPO- GRAPHICAL SURVEY, See ' ' Topographical Survey. ’ ’ appointment, compensation and duties of. Ords., Art. 39, Sec. 4. ..1173 CHIEF PHYSICIAN OF PO- LICE FORCE, See ''Police Commissioners."" CHILDREN, destitute and neglected, care of. Acts, Sec. 107 159 playgrounds for; provisions. Ords., Art. 14, Sec. 128 835-836 vaccination of. Ords., Art. 14, Sec. 24.... 804 CHILDREN AND MINORS, sale by, (^See ' 'Larceny. ’ ’ ) CHILDREN AND WIDOWS^^^^ OF POLICEMEN, See "Special Police Fund . . CHILDREN EXCLUDED FROM SCHOOLS, contagious diseases, suffering from. Ords., Art. 32, Sec. 37..1057 CHILDREN OF CONVICTS, binding out by court; age limit for males and females. Acts, Sec. 345 279 CHILDRENS’ PLAYGROUND ASSOCIATION, contract with Mayor; provi- sions of. Ords., Art. 14, Sec. 128 835-836 CHILDREN’S PLAY- GROUNDS, Acts, Sec. §493a 321 CHIMNEYS, smoke from; proviso. Ords., Art. 14, Sec. 123.. 833 sweeping, and rates thereof. Acts, Sec. 6 48 width of — power to regulate. Acts, Sec. 6 48 CHIMNEYS, FLUES AND HEATING APPARATUS, See "Buildings."" Ords., Art. 3, Secs. 23-43 607-613 inspection of, {See ' 'Inspector of Buildings" sub-title "Inspection of Hot Air Furnaces and Heating Apparatus.") Ords., Art. 3, Secs. 23-43 607-613 CHURCHES. water rates to; other religious corporations. Ords., Art. 41, Sec. 62....1220 water rents for. Ords., Art. 41, Sec. 62....1220 CIRCUIT COURT, CITY CHARTER. 1346 Page CIRCUIT COURT No. 2, Acts, Secs. 325, 327, 370, 371, 372, 374, 375, 376, 379, 380, 382, 387, 388, 389. . Pages, 274, 275, 287, 288, 289, 290, 292, 293, 294. powers and jurisdiction of. Acts, Sec. 325 274 CIRCUIT COURT OF BAL- . TIMORE CITY, Acts, Secs. 323, 324, 327A, 370, 371, 372, 374, 375, 376, 379, 380, 382, 387, 388, 389. Pages 273, 274, 275, 287, 288, 289, 290, 292, 293, 294. jurisdiction of, note 273 jury in cases in. Acts, Sec. 323 273 opinions not required to be filed. Acts, Sec. 324 274 CIRCULARS FOR CON- SUMPTIVES, information given in. App. B, Sec. 3 1267 CIRCUS, license for, penalty. Ords., Art. 41, Sec. 7, 1197-1198 CIRCUS PERFORMERS, protecting net for trapeze. Ords , Art. 25, Secs. 103-04 992-993 CITY BUILDINGS, Inspector of Buildings to re- pair. Ords., Art. 3, Sec. 10.... 603 CITY CHARITIES, See Charities, Supervisors of City.’'' CITY CHARTER, effect of, on Acts 1898. Acts, Sec. 3 Page CITY CHARTER— (Cont’d). provisos limiting operation and effect of. Acts Secs. 2-4 564-566 — existing laws. Acts, Sec. 3 565 — extra-territorial rights of city. Acts, Sec. 3 565 —incumbents in office at pas- sage of Charter. Acts, Sec. 4 566 — pending suits. Acts, Sec. 2 565 — repealable acts. Acts, Sec. 2 564 — taxes or tax proceedings. Acts, Sec. 2 565 — vested rights. Acts, Sec. 2 564 CITY CLAIMS, See Claims against City.'''' CITY COLLECTOR, See Appeal Tax Court;'''' ‘ ^Assessments ;' ’ “A ssess- ments for Taxes ;" '‘'^Be7ie- Jits / ” “ Condemnation of Property ;'''' ''Damages ‘ ‘ Grading, Paving, etc. , Streets;'''' "Opening. Clos- ing, etc.. Streets;'''' "Sales;" Taxes'' ’ and ‘ ‘ Tax Sales. ’ ’ account of taxes collected ; record of assessments and accounts of taxpayers. Ords., Art. 38, Sec. 25....1165 Advertisement , — notice when taxes due. Acts, Sec. 51 128 — property to be sold for taxes. Acts, Sec. 43 123 — sales of chattels. Acts, Sec. 49 127 appointment, salary. Acts, Sec. 42 122 assignment to, of damages assessed in sewer condem- nations. Ords., Art. 33, Sec. 5 1062 assistants and clerks. Acts, Sec. 42 565 122 CITY COTTKCTOR. CITY COLLECTOR. 1347 Page CITY COLLECTOR— (Cont’d). Page CITY COLLECTOR— (Cont’d). Advertisements — (Cont’d) . bailiffs of — to receive per centum on bills collected. Ords., Art. 38, Sec. 24....1165 benefits in street opening, closing, etc., bills for. Acts, Sec. 181 198 bills for taxes, to render by mail. Acts, Sec. 51 128 bond of ; conditions in. Ords., Art. 38, Sec. 22. ...1163 certificate of City Solicitor required before balance of purchase money of sale for taxes or damages as- sessed are paid. Ords., Art. 38, Sec. 31.... 1167, 1168 certificates of, to be evi- dence of taxes due. Acts, Sec. 58A 131, 132 chattels sold for taxes. Acts, Sec. 49 127 — application of proceeds. Acts, Sec. 50 127 collection of benefits assessed by Burnt District Com- mission. App. A, Secs. 13-16 1250-1252 collection of taxes, change in office during. Acts, Sec. 51A 128 damages in street opening, — assignment of. Acts, Sec. 174 190 death, resignation, removal or suspension of. Ords., Art. 38, Sec. 26....1165 Deeds, — property .sold for taxes. Acts, Sec. 45 124 — property purchased by city at tax sales. Ords., Art. 38, Sec. 35.... 1168-1169 deposit in banks of moneys collected. Ords., Art. 38, Sec. 26....1165 distraint not required for taxes in arrear. Acts, Sec. 51 128 duties of. Acts, Sec. 42 122 Ords., Art. 38, Sec. 22.... 1163, 1164 — succeeding collector, relat- ing to collection of taxes. Acts, Sec. 51A 129 Finance, — official of department of. Acts, Sec. 32 110 Jurors, — list of taxpayers eligible as ; compensation of. Acts, Sec. 603 360 — list of property sold for taxes to be kept for in- spection of public. Ords., Art. 38, Sec. 30....1167 Notice, — of paving assessments, etc., in arrears. Ords., Art. 38, Sec. 29....1167 — of tax sales. Acts, Sec. 42 122 — to parties assessed in sewer openings. Ords., Art. 33, Sec. 10....1069 owner may redeem property sold for taxes. Acts, Sec. 47 125 police tax ; collection of same. Acts, Sec. 747 459 redemption of property sold for taxes. Acts, Sec. 45 125 Re-sales for Taxes, — duties relating to. Acts, Sec. 48 126 — proceeds of. Acts, Sec. 48 126 salary of. Ords., Art. 38, Sec. 23....1164 Sales for Benefits, — sewer opening ; conditions of sales ; re-sale. Ords., Art. 33, Sec. 12....1069 CITY COTTKCTOR. CITY COLLEGE. 1348 CITY COLLECTOR— (Cont’lT.^^ Sales for Benefits — (Cont’d). — sewer opening; deed to pur- chaser. Ords., Art. 33, Sec. 13....1070 — property assessed in street opening, procedure. Acts, Sec. 183 199 — property assessed in street opening, etc., proceeds of. Acts, Sec. 182 199 — sewer opening, sale of prop- erty. Ords., Art. 33, Sec. 11....1069 Sales for Taxes, — effect on, of change in office of Collector. Acts, Sec. §45a, §45b 124 — fee simple interest — when to be sold. Ords., Art. 38, Sec. 28....1156 — leasehold interest to be sold first. Ords., Art. 38, Sec. 28....1166 — investment of surplus from in public debt. Acts, Sec. 46 124 — report to Circuit Court. Acts, Sec. 48 126 state taxes ; to collect same. Acts, Sec. 58 131 subordinates of ; salary list ; City Collector to be re- sponsible for acts of un- der his bond. Ords., Art. 38, Sec. 23.... 1164, 1165 tax bills to be prepared by. Acts. Sec. 42 122 taxes in arrears; .statement of to be left at premises. Acts, Sec. 43 123 — on real and personal property to be kept sep- arate, Ords., Art. 38, Sec. 27....1166 Tax Sales. — collection of costs, etc. Acts, Sec. 44 123 — disposition of purchase money. Acts, Sec. 45 Page CITY COLLEGE, diplomas to graduates of. Ords., Art. 32, Sec. 11....1047 fees for tuition of non-resi- dent pupils in Ords., Art. 32, Sec. 34....1055 principal of — ^appointment of. Acts, Sec. 100 153 to sign diplomas. Ords., Art. 32, Sec. 11....1047 professors of — appointment of. Acts, Sec. 100 153 CITY COUNCIL, See ‘ ‘ Corporate Power s ‘ ‘ Mayor / ” “ Ordinances and Re solution s' '' and '‘'Public Printer." absence of members— excuse therefor to be transmitted to his branch; penalty. Ords., Art. 1, Sec. 16 576 —penalty therefor. Ords., Art. 1, Sec. 14 576 — collection of fines imposed therefor. Ords., Art. 1, Sec, 15 576 adjournment of branches. Ords., Art. 1, Sec. 17 577 appropriations for fiscal year subsequent to Ordi- nance of Estimates pro- hibited. Acts, Sec. 36 116 attendance of members, compelling. Acts, Sec. 217 215 branches of to constitute legislative department. Acts, Sec. 209 211 chief clerks ; duties of ; to deliver to City Register journals, petitions, mes- sages, etc., at close of session ; penalty. Ords., Art. 1, Sec. 19 577 124 CITY COUNCIL. CITY COUNCIL. 1349 Page CITY COUNCIL— (Cont’d). chief clerk to notify Mayor of action of joint conven- tion of. Ords., Art. 1, Sec. 31 581 City Register’s annual re- port to. Ords., Art. 6, Sec. 23 706 — financial report to. Ords., Art. 6, Sec. 23 706 claims before c o u n c i 1 — when limitations a bar. Ords., Art. 1, Sec. 32 581 clerk Second Branch to be chief clerk when two branches are in conven- tion. Ords., Art. 1, Sec. 31 581 clerks to council — duties of. Ords., Art. 1, Secs. 19-31 577-581 decisions of Court of Ap- peals relating to power of Mayor and City Council. 216-225 electors of members, quali- fications of. Acts, Sec. 215 214 expenditures of council ; legitimate items of ex- pense. Ords., Art. 1, Sec. 33 581 Expenses of, — bills to be referred to special or standing committees for report ; m a n n e r of payment of claims ap- proved by committees. Ords., Art. 1, Sec. 35 582 — payment to be authorized by ordinance or resolu- tion only. Ords., Art. 1, Sec. 34 582 expulsion of members. Acts, Sec. 217 215 First Branch, — election for members. Acts, Sec. 212 Page CITY COUNCIL— (Cont’d). First Branch — (Cont’d). — incumbent to hold office un- til successor qualifies. Acts, Sec. 212 213 — one member from each ward. Acts, Sec. 210 212 — qualifications of members. Acts, Sec. 210 212 — qualifications of electors. Acts, Sec. 212 213 — President, duties. Acts, Sec. 217 215 — salaries. Acts, Sec. 210 212 — term of ofl&ce of members. Acts, Sec. 210 212 grading, paving, etc., ordi- nance — duties of joint standing committees. Ords., Art. 35, Sec. 90....1125 journal from public printer to be revised by clerks and delivered to City Register ; to be bound by City Register; to be pre- served in Citv Library. Ords., Art. 1, Sec. 22 578 — when printed and certified by clerks to be evidence of proceedings of council. Ords., Art. 1, Sec. 22 578 — of proceedings. Acts, Sec. 217 215 — petitions and messages to be delivered to City Register — penalty against clerks, Ords., Art. 1, Sec. 19 577 McDonogh Institute ; in- spection of. Ords., Art. 22, Sec. 8 911 Maryland Institute ; mem- bers to appoint pupils to. Ords., Art. 32, Sec. 29....1053 members not to hold other city office or employment. Ords., Art. 1, Sec. 18 577 officers of ; each branch to appoint ; compensation. Acts, Sec. 217 215 ordinances, amendment, re- enactment, etc. Acts, Sec. 221 213 218 CITY COUNCIIv. CITY COUNCIIv. 1350 CITY COUNCIL— (Cont’d). Ordinances and Resolutions, Acts. Sec. 23 102,103,104 — certificate to be attached by clerk. Ords., Art. 1, Sec. 30.... 580 — copies of to be sent to heads of departments by City Register. Ords., Art. 1, Sec. 25 578-579 — deposit of printed ordi- nances in City Library. Ords., Art. 1, Sec. 27. .. 579 — engrossed ordinances to be bound, labelled and in- dexed. Ords., Art. 1, Sec. 24.... 578 — engrossment before third reading. Acts, Sec. 221 219 — how to be engrossed. Ords , Art. 1, Sec. 23.... 578 — ordaining phrase. Acts, Sec. 220 217 — proofs of, from Public Printer, to be examined by City Register. Ords., Art. 1, Sec. 27.... 579 — publication of by City Reg- ister. Ords., Art. 1, Sec. 27.... 579 — State Library and Bar Li- brary to receive each two copies, and Peabody In- stitute one copy of. Ords., Art. 1, Sec. 26.... 579 — embrace but one subject. Acts, Sec. 221 217 — vote necessary to pass. Acts, Sec. 221 217 Ordinance of Estimates, — special meeting on. Acts, Sec. 36 115 papers to be endorsed and filed by clerks of. Ords., Art. 1, Sec. 20 577 penalty against members for being absent. Ords., Art. 1, Sec. 14,.... 576 collection of fin^s incurred by absent members. Ords., Art. 1, Sec. 15 576 powers of Second Branch, note. Acts, Sec. 218 215 Page CITY COUNCIL— (Cont’d). power to pass ordinances. Acts, Sec. 218 215 President of First Branch, duties, when to act as Mayor. Acts, Sec. 217 215 president of Second Branch, election of, on vacancy in office of Mayor. Acts, Sec. 222 219 — removal of. Acts, Sec. 214 214 primary election for members of. App. C, Sec. 2 1275-1276 procedure when ordinances and resolutions are vetoed by Mayor. Acts, Sec. 23 102-104 Public Printer — printing of proceedings and other pa- pers. Ords., Art. 1, Sec. 21.... 577 qualifications of m embers — each Branch judges of- Acts, Sec. 217 215 Reading Clerk of First Branch; his duties relating to ordi- nances and resolutions orig- inating in First Branch; endorsements on ordi- nances, etc.; messages and communications; other du- ties. Ords., Art. 1, Sec. 29.... 580 reading ordinances, proviso. Acts, Sec. 221 218 rules of procedure, each Branch adopt. Acts, Sec. 217 215 Second Branch, — council manic districts, two members from each. Acts, Sec. 211 212 — election for, when held. Acts, Sec. 213 213 — membership, nine. • Acts, Sec. 211 212 CITY COUNCIL. CITY ENGINEER. Page 1351 CITY ENGINEER, Page CITY COUNCIL— (Cont’d). Second Branch — (Cont’d). — president of, duties, qualifi- cations, election, removal, salary, term of office. Acts, Sec. 214 213 — qualifications of members. Acts, Sec. 211 212 — salary. Acts, Sec. 211 212 — term of office. Acts, Sec. 211 212 sessions of, extra sessions. Acts, Sec. 216 214 sessions to be public. Acts, Sec. 217 215 subject of ordinances to be described in title. Acts, Sec. 221 218 temporary loans, not to authorize. Acts, Sec. 36 116 vacancies in, how filled. Acts, Sec. 215 214 vote by yeas and nays on final passage of ordinances. Acts, Sec. 221 217 CITY COURT. See '‘'‘Justices of the Peaces appeals from assessments of taxes triable in. Acts, Sec. 170 184-187 — in B. D. assessments. App. A, Sec. 12 1248-1249 — from decisions of Commis- sioners for Opening Streets. Acts, Sec. 177 195 record of Appeal Tax Court; duty of Court relating to. Acts, Sec. 170 186 tax assessments — when in- creased by. Acts, Sec. 170 187 CITY’S DEBT, interest on, payment of. Ords., Art. 34, Sec. 10....1079 CITY DOCK DRAWBRIDGE, vessels to stop on notice from keeper, penalty. Ords., Art. 18, Sec. 5 890 See "Assessments;'' "Bene- fits;" "Condemnation of Property;' ' ‘ 'Damages;' ' "Grade Lines of Streets;" ‘‘'Grades of Streets;" "Grading, Paving, etc.. Streets;' ' ' 'Streets, Brid- ges and Hig hw ay s ;" "Streets and City Engi- neer;" "Sewers." absence (5f, delegation of authority. Acts, Sec. 86A 145 Annex Improvement Com- mission of. Acts, Sec. §841b 531-532 appointment, duties, quali- fications, salary, powers. Acts, Sec. 86 144 Burnt District, powers relat- ing to. App. A, Sec. 31 1259-1260 City Surveyor to perform duties under direction of. Ords., Art. 37, Sec. 2....1148 dirt, lumber, etc., in streets, removal at expense of owner or offender, Ords., Art. 25, Sec. 73. .. 981 fires in streets, conditions of, permit for. Ords.. Art. 25, Sec. 75.... 983 grades of streets, notify City Surveyor of changes, {"See Streets, Bridges and High- ways," and "Streets and City Engineer . ' ' ) Jones’ Falls, prevent obstruc- tion of. Ords., Art. 18, Sec. 1 888 landmarks placed in streets by, penal tv for injury to. Ords., Art. 25, Sec. 56.... 976 member of Board of Com- missioners for Opening Sewers. Ords., Art. 33, Sec. 1....1060 notice by before improved paving is laid. Acts, vSec. 86B. 146 CITY ENGINEER. 1352 CITY PASSENGER. Page CITY ENGINEER— (Cont’d). Paving Commission, chief engineer of. Acts, Sec. §841m 538 Paving Commission, duties not affected by. Acts, Sec. §841s 544 pavements, protection of im- proved. Acts, Sec. 86B 145 paving of streets, etc., opened by water board. Ords., Art. 40, Sec. 27:...1186 permits for tearing up im- proved pavements. Acts, Sec. 86C 146 public improvements, mem- ber and president of Board of. Acts, Sec. 84 143 sewer construction, to furnish plans and specifications for contracts. Ords., Art. 33, Sec. 22....1073 sewers, direct cleaning of by Commission of Street Clean- ing. Ords., Art. 36, Sec. 2 1140 1141 subordinates, appointment of, compensation of, how fixed. Acts, Sec. 86 145 survey for sewers and super- intendent of construction. Ords., Art. 33, Sec. 21.... 1073 tapping sewers, permit for, penalty. Ords., Art. 33, Sec. 23....1073 tapping of sewers in connec- tion with drainage of cess- pools. Ords., Art. 14, Sec. 145.. 841 842 trees obstructing streets, re- moval of. Ords., Art. 25, Sec. 107.. 994 vaults and areas, notice to conform to permit. Ords., Art. 3, Sec. 160.... 661 Water Board to pave streets on notice from. Ords., Art. 40, Sec. 29....1187 Page CITY HALL, Superintendents of Public Buildings, to have charge of. Acts, Sec. 207 209 CITY HALL AND ANNEX, employes in, salaries. Ords., Art. 28, Sec. 2....1005 CITY LIBRARIAN, See '‘'Librarian.'''' CITY LIMITS, water furnished outside; charges for. Ords., Art. 41, Sec. 72, 1222-1223 CITY LOANS, list of holders of, to be fur- nished to City Register. Acts, Sec. 152 174 CITY OFFICERS, See under titles of various municipal officials and city departments. CITY OFFICIALS, Comptroller may examine accounts of; to report there- on. Ords , Art. 6, Secs. 2-3.. 699 — may require accounting from. Ords., Art. 6, Sec. 3 699 floating debt, prohibited. Acts, Sec. 40 120 CITY PASSENGER RAIL- WAYS, See "United Railways and Electric Company f ’ ‘ 'Rail- roads and Railways" all-night cars; lines on which cars are to be run. Ords., Art. 30, Sec. 22.... 1022-23 CITY PATIENTS. CITY REGISTER. 1353 Page CITY PATIENTS, See '‘''Charities, Supervisor of City. ’ ’ death of, burial of, etc. Ords., Art. 16, Sec. 9, 11, 871-2 maintenance and treatment, report on. Ords., Art. 16, Sec. 8 .... 871 CITY PROPERTY, See '‘'Property.^'' CITY REGISTER, See "Assessments,** "Assess- ments for faxes, * * Bene- fits, ** “ Condemnation of Property, * * ‘ '‘Damages, * * "Openmg, Closing, Etc., Streets,** "Sales** and ‘ ‘ Taxes. * * absence or sickness of. Ords., Art. 6, Sec. 21.... 705 advertisements — deposit of proceedings of Commission- ers for Opening Streets. Acts, Sec. 177 195 — list of licensed pawnbrok- ers. Ords., Art. 41, Sec. 35. .1209 — newspapers; payment of; certificate required before payment; discounts. Ords., Art. 1, Sec. 28, 579-580 aliens, per capita tax on, in lieu of bond. Acts, Sec. 524 333 alphabetical list of streets, lanes, alleys, etc. — copies to be kept in City Register’s Office and in office of Clerk of Superior Court, Ords., Art. 6, Sec. 28... 707 — new and old names to be given therein, Ords., Art. 6, Sec. 28.... 707 annual report to City Coun- cil. Ords., Art. 6, Sec. 23.... 706 appointment of. Acts, Sec. 35 112 Page CITY REGlSTER-rCont’d). appointments of officers of corporation— to keep record of. Ords., Art. 6, Sec. 23.... 705 assignment of damages as- sessed in sewer condemna- tions. Ords., Art. 33, Sec. 5....1062 — in opening, etc., streets. Acts, Sec. 174 190 authority and duties of. Acts, Sec. 35 112 bills or orders for public im- provements; when to be paid by. Ords., Art. 6, Sec. 5 700 Board of Awards, to be mem- ber of. Acts, Sec. 15 99 bond of; approval of; Mayor to be custodian of. Ords., Art. 6, Sec. 19.... 704 books and papers of Commis- sioners for Opening Streets, deposit with. Acts, Sec. 192 202 cases cited. Acts, Sec. 35 113 certified copies of public pa- pers to be furnished; to make searches of records; charges for same. Ords., Art. 1, Sec. 48.... 587 certificate of investment of sums due as damages in street openings. Acts, Sec. 185 200 — of payment of benefits as- sessed in street opening. Acts, Sec. 186 200 — of stock, issue of duplicates when lost, etc. Ords., Art. 34, Secs. 6-7, 1078-79 checks to be signed by. Acts, Sec. 20A 101 city moneys; to be custodian of. Ords., Art. 6, Sec. 23.... 705 CITY REGISTER. CITY REGISTER. 1354 Page CITY REGISTER— (Cont’d). claims against city; payment of, by. Ords., Art. 6, Sec. 23.... 706 Commissioners for Opening Streets, expenses of. Acts, Sec. 191 202 corrected list of holders of city loans. Acts, Sec. 152 174 cost of burial of city insane. Ords., Art. 16, Sec. 9.... 872 deposit of city moneys. Ords., Art. 6, Sec. 23.... 705 Deputy Register. Acts, Sec. 35 112 — bond and oath of. Ords., Art. 6, Sec. 20.... 705 — duties of. Ords., Art. 6, Sec. 20.... 704-705 — to act in absence of City Register. Ords., Art. 6, Sec. 21.... 705 disbursements by; record of. Ords., Art. 6, Sec. 23.... 706 duties of. Ords., Art. 6, Sec. 23.... ..705-706 — in appeals in opening, etc., sewers. Ords., Art. 33, Sec. 9.... 1067-68 Electrical Commission, mem- ber of, ex-officio. Ords., Art. 9, Sec. 1 718 — sworn statement of, month- ly- Ords., Art. 9, Sec. 15.... 723 expenses— in assessment of damages, etc., in opening, etc. , streets — payment of. Acts, Sec. 175 191 — of Burnt District Commis- sion — payment of. App. A, Sec. 22 1253-1254 fees — collected by; accounting of. Ords., Art. 6, Sec. 27.... 707 — of keepers of weights, etc., division of among; re- port to Council. Ords., Art. 17, Sec. 22.. 883 CITY REGISTER— (Cont’d). finance, official of depart- ment of. Acts, Sec. 32 110 financial report to City Coun- cil by. Ords., Art. 6, Sec. 23.... 706 fines, forfeitures and penal- ties from J. P’s — accounting. Acts, Sec. 644 386 — remitted by Mayor, list of. Ords., Art. 10, Sec. 6 .... 730 holders of city stock, to make list of. Ords., Art. 34, Sec. 4....1078 immigrants, per centum of monies collected thereun- der. Acts, Sec. 530 336 interest on deposits of city funds. Ords., Art. 6, Sec. 23, 705-706 Jones’ Falls, removing ob- structions from, expense of. Ords., Art. 18, Sec. 1.... 888 journals, petition, memorials, etc. of City Council branches; custodian of. Ords., Art. 1, Sec. 19... 577 jurors, per diem of. Acts, Sec. 621 373 lists of holders of city loans to be furnished to Appeal Tax Court. Acts, Sec. 151 173 Maryland Institute; contract with; report of president of; inspection of. Ords., Art. 32, Secs. 28, 30, 31 1053-4 Mayor to audit accounts of. Ords., Art. 6, Sec. 23.... 706 method of paying claims against city to be followed by. Ords., Art. 6, Sec. 29.... 708 and note 708-709 nuisances, costs a s s e s's e d against owners forremoval of. Ords., Art. 14, Sec. 85.. 823 CITY REGISTER. CITY REGISTER. 1355 Page CITY REGISTER— (Cont’d). obstruction in streets, ex- penses of removal of. Acts, Sec. 189 201 office hours of. Ords., Art. 6, Sec. 25.... 706 — of sub-department on Tues- day and Fridays. Ords., Art. 6, Sec. 30.... 709 and note 708-709 office papers and records not to be removed. Ords., Art. 1, Sec. 48.... 587 opening, etc., streets, (See '‘'‘Commissioners for Open- ing Streets. ’ ’ ) Acts, Sec. 179 196 — advertisement of proceed- ings. Acts, Sec. 177 195 Ordinances and Resolutions; copies to be sent to heads of departments. Ords., Art. 1, Sec. 25, 578-579 — publication of, by. Ords., Art. 1, Sec. 27.... 579 per diem of Commissioners for Opening Streets and clerk. Acts, Sec. 190 201 proceedings in opening, etc., streets production of, to City Court. Acts, Sec. 179 196 — in sewer openings to be filed with, notice of to persons affected. Ords.. Art. 33, Sec. 8.. 1065-6 — of Commissioners for Open- ing Streets, deposit with. Acts, Sec. 177 195 proofs of ordinances, etc. , to be examined by. Ords., Art. 1, Sec. 27.... 579 Quarantine Hospital; fines to be credited to. Ords., Art. 14, Sec. 178 858 removable at pleasure of Council. Acts, Sec. 35 Page CITY REGISTER— (Cont d). return of Commissioners for Opening Streets. Acts, Sec. 181 198 sales for taxes, custodian of residue from. Acts, Sec. 45 124 — investment of surplus from in public debt. Acts, Sec. 46 124 seal of city; when to be fur- nished free. Ords., Art. 1, Sec. 51.... 588 state tax on city loans to be deducted from interest thereon. Acts, Sec. 153 174 stock certificates; form, amount, issue, transfer, etc. Ords., Art, 34, Secs. 1-4 1077-8 — clerk ; to be clerk to Board of Awards, Ords., Art. 6, Sec. 26 707 subordinates of; salaries of. Ords., Art. 6, Sec. 26 707 successor to give bond. Ords., Art. 6, Sec. 22 705 superseded judgments for fines, to collect by execu- tion. Ords., Art. 10, Sec. 5 730 supervise and direct City Li- brarian. Acts, Sec. 196 203 temporary loans by, author- ized. Ords., Art. 6, Sec. 24.... 706 Topographical Survey Com- mission, member of. Acts, Sec. 840 529 Ords., Art. 39. Sec. 3 ... 1173 unsafe building, payment of cost of removal of. Ords., Art. 3, Sec. 151.... 658 vacancy in office of. Acts, Sec. 35 112 void ordinance for opening, etc. streets, duty in. Acts, Sec. 180 112 198 CITY SOLICITOR. CITY SOLICITOR. 1356 Page CITY SOLICITOR— (Cont’d). Page CITY SOLICITOR, See ‘ ‘ Conveyances-, ’ ’ ‘ 'Deeds and Leases;'^ "Law De- partment / ” “ Legal In- struments'''' and " Suits. appeals in suits to which city is a party to be taken on his order. Acts, Sec. 66 136 appointment, qualifications and salary. Acts, Sec. 61 133 Assistant City Solicitor, — condemnation of property for city purposes ; duties of assistant in relation to titles, etc. Ords., Art. 5, Sec. 2 695 — deeds, etc., to city to be ap- proved by. Ords., Art. 5, Sec. 1 695 — examination of titles by. Acts, Sec 62 134 — further duties relating to titles. Ords., Art. 5, Sec. 2 696 — reports of titles in appeals from Commissioners for Opening Streets. Ords., Art. 5, Sec. 2 696 — titles involved in munici- pal litigation; duties of assistant relating to. Ords., Art. 5, Sec. 2 696 assistants of; appointment of. Acts, Sec. 62 133 — salaries of. Acts, Sec. 62 134 Board of Awards, to be mem- ber of. Acts, Sec. 15 99 Board of Estimates, to be mem- ber of. Acts, Sec. 36 113 cases cited, note 134 certificate as to claimants for damages assessed, etc. Ords., Art. 38, Sec. 31 1167-1168 clerk, stenographer and type- writer of. Acts, Sec. 65 Clerk to. Acts, Sec. 65 135-136 — compensation and duties of clerk. Acts, Sec. 65 135 — custodian of law depart- ment. Acts, Sec. 65 135 — docket of pleadings and suits to be kept. Acts, Sec. 65 136 — law books of city to be pre- served. Acts, Sec. 65 136 — opinions of City Solicitor to be preserved and filed. Acts, Sec. 65 136 certificates of title in assign- ments of damages. Acts, Sec. 174 190 contracts, to be approved by. Acts, Sec. 15 99 deeds or transfers of property to city. Ords.y Art. 5, Sec. 1 695 Department of Legislative Reference, on Board of. Acts, Sec. 208A 210 duties and powers. Acts, Sec. 62-67 133-136 duties of Assistant City Solici- tors. Acts, Sec. 62 134 employment of persons to aid in examination of titles in opening, etc., streets. Ords., Art. 5, Sec. 3 696 examination of titles; Assist- ant City Solictor assigned to such work to make same. Ords., Art. 5, Sec. 1 695 — contracts not to be made or purchase money for lands paid until made. Ords., Art. 5, Sec. 1 695 —expense of in street open- ings. Ords., Art. 5, Sec. 3 696 — to employ persons to aid in. Acts, Sec. 62 134 grading, paving, etc., to ap- prove ordinances for. Ords., Art. 35, Sec. 89.1125 135 CITY SOLICITOR. CITY WELLS. 1357 Page CITY SOLICITOR— (Cont’d). head of Department of Law. Acts, Sec, 60 133 legal adviser of city. Acts, Sec. 62 133 legal instruments; to pass upon or approve same. Acts, Sec. 63 135 licenses and water rents; en- forcement of provisions re- lating to. Ords., Art. 41, Sec. 15..1200 Page CITY SOLICITOR— (Cont’d). unsafe and condemned build- ings collection of cost of securing. Ords,, Art. 3, Sec. 151.. 658 CITY STOCK, See "'Appeal Tax Court p' "Assessments of Proper- ty p ’ ‘ ‘ Commissioners of Fi- nance p ’ ‘ ‘ Opening, Closing, etc. , Streets p ’ ‘ "Sewers, ’ ’ and "Stocks, Loans and Finance. ’ ’ opinions on legal questions to be given in writing. Acts, Sec. 63 135 preparation and trial of suits, etc. Acts, Sec. 62 133 property acquired in Annex, certify titles to. Acts, Sec. §841 e 533 CITY STOCK FOR NEW SEWERAGE SYSTEM, See "Sezvers " ’ and Stocks, Loans and Finance." CITY SURVEYOR, See "Streets, Bridges and Highways, ” sub-title "Grades of Streets" and ‘ "Surveyor. ’ ’ records of Commissioners for Opening Streets, to pre- scribe form of. Acts, Sec. 173 190 recovery of lost or converted city property. Ords., Art. 21, Sec. 4.... 906 sales for taxes; duties respect- ing sales by Comptroller. Ords., Art. 38, Sec. 37..1170 suits, actions and proceedings; authority to institute. Acts, Sec. 66 136 suits for violation of license ordinances. Ords., Art. 41, Sec. 15..1200 supervise record of proceed- ings of Commissioners for Opening Sewers. Ords., Art. 33 Sec. 4....1061 titles to city property. Ords., Art. 5, Sec. 1 695 — titles to property donated for streets, opinions on. Acts, Sec. 193 202 traveling expenses, allowance of. Acts, Sec. 67 136 compensation. Acts, Sec. §833a 525 establishment of permanent grade lines by. Ords., Art. 35, Sec. 39.... 1104-1105 fees for surveying. Acts, Sec. 43 122 grade lines, establishment and change of. Ords., Art. 35, Secs. 41- 45 1105, 1107 grades of streets, establish- ing, {See " "Stfeets, Bridges and Highways."') Commissioners for Opening Sewers ; duties relating to. Ords., Art. 33, Sec. 4 1061 survey of property sold for taxes. Acts, Sec. 43 123 CITY WELLS, not to be used as drains for water closets, etc.; pen- alty. Ords., Art. 14, Sec. 151.. 843 CITY WORK CLERK CIRCUIT. 1358 CLAREMONT S T O C YARDS, Page CITY WORK, City Engineer authorized to employ skilled labor for. Ords., Art. 35, Sec. 5 ....1092 CIVIL GOVERNMENT, text book on to be furnished to public schools. Acts, Sec. §816a 503 CLAIM, where part is admitted — prac- tice. Acts, Sec. 312 265 CLAIMS AGAINST CITY, See ‘ ‘ City Register ’ ’ and ‘ ‘ Comptrotler. ’ ’ Board of Estimates to pass on. Acts, Sec. 39 120 Comptroller to approve. Ords., Art. 6, Sec 4..699, 700 — to audit. Acts, Sec. 34 110 method of payment of. Ords., Art. 6, Sec. 33 708 and note 708, 709 officials and employes of city not to be interested in. Ords., Art. 1, Sec. 37 582, 583 payment of. Ords., Art. 6, Sec. 4 699, 700 — by City Register. Ords., Art. 6, Sec. 23 706 — to be made only on signed written orders. Ords., Art. 6, Sec. 33 710 and note 708-709 CLAIMS AGAINST POLICE, See '"'‘Speciat Police Fund.''' CLAIMS BEFORE COUNCIL, See ''"City Council.'''' CLAIMS OF CITY, prosecution of against United States by Mayor ; compen- sation for attorneys there- for. Ords., Art. 1, Sec. 5 driving cattle, etc., to and from, streets to be used for. Ords., Art. 25, Sec. 29.... 968 CLEANERS OF MARKETS, salaries and duties of cleaners of the various markets. Ords., Art. 23, Sec. 2..918-919 CLEANERS OF PRIVIES, See '‘'‘Privies.’’'' CLEANING AND LIGHTING STREETS, See "Lamps and Lighting'’'’ and '‘'‘Street Cleaning.'” general powers. Acts, Sec. 6 80 CLEANING DOCKS, See "Harbor, Docks and Wharves. ’ ’ Ords., Art. 13, Sec. 21.... 781 CLEANING MARKETS, See "Markets.” removal of dirt, filth and snow by clerks of markets. Ords., Art. 23, Sec. 4 920 CLEANING PRIVIES. allowed in daytime ; when. Ords., Art. 14, Sec. 141.. 840 CLEANING OF STREETS, See "Street Cleaning,” sub- title ‘ ‘ Commissioner of. ’ ’ Acts, Sec. 83 143 snow, removal from side- walks. Ords., Art. 25, Sec. 76....983-4 CLEANING VESSELS, when required ; penalty for refusal. Ords., Art. 14, Sec. 163.... 849 CLERK CIRCUIT COURT No. 2, additional clerk. Act, Sec. 327. 573 275 CLERK OF. CLERKS OF. Page 1359 Page CLERK OF APPEAL TAX COURT, failure to perform duties ; penalty. Acts, Sec. 164B 182 CLERK OF CRIMINAL COURT, See ‘ ‘ Criminal Court. ’ ’ bail on defendant’s own re- cognizance. Acts, Sec. §278c 247 bail, taken only on authority of conrt. Acts, Sec. §278a 246 recognizance, to sign. Acts, Sec. §278d 247 CLERK SUPERIOR COURT, See '‘"Land Records.''' jury books, deposit with. Acts, Sec. 608 365 list of jurors, custody of. Acts, Sec. 602 360 CLERK TO COMMISSION- ERS FOR OPENING SEW- ERS, to record proceedings of com- missioners ; other duties. Ords., Art. 33, Sec. 4 1061 duties of. Acts, Sec. 173 190 CLERK TO EXAMINING BOARD OF FIRE DEPART- MENT, duties of. Ords., Art. 11, Sec. 23.... 744 CLERK TO GRAND JURY, See ""Jurors.'" CLERK TO MAYOR, See ""Mayor.’'’' CLERKS AND DEPUTIES, appointment and removal of. Acts, Sec. 28 107 CLERK OF CITY COUNCIL, See ""City Council.'’' CLERKS OF COURTS, See ""Courts." alienations and sales of prop- erty to be reported to Ap- peal Tax Court. Acts, Sec. 165 182 alienations of property, chan- cery sales, etc. — list to be furnished. Acts, Sec. 165 182 Appeal Tax Court — duties and salary of clerk. Acts, Sec. 146 170 bailiffs and criers — to certify salaries of. Acts, Sec. 372 288 blank licenses — provisions ap- plying to. Acts, Sec. 363 284 bond of Criminal Court clerk. Acts, Sec. 367 286 — renewal of bond. Acts, Sec. 368 286 bonds — of clerks of Circuit Courts. Acts, Sec. 369 286 — of clerks of the Law Courts of Baltimore City. Acts, Sec. 357 282-283 — failure to g i v e — effect of. Acts, Sec. 360 283-284 — judge of each court certify sufficiency of. Acts, Sec. 357 283 — renewal of bi-ennially. Acts, Sec. 359 283 — to be recorded. Acts, Sec. 358 283 clerk Superior Court to copy certain records. Acts, Secs, 364, §364a, §364b 285 Common Pleas, license to pawnbrokers. Acts, Sec. 693 423 Comptroller to approve bonds. Acts, Sec. 358 283 copies of land records to be evidence. Acts, Sec. 365. 285 CLERKS OF. COAL. 1360 CLERKS OF MARKETS-(ContNfv CLERKS OF COURT— (Cont’d^^ Court of Common Pleas pay- ment of license fees to State. ' Acts, Sec. 679 416 deputy or assistant of clerk not to become surety of. Acts, Sec. 361 2S4 fines, etc., from justices; ac- counting by clerk of Court of Common Pleas. Acts, Sec. 643 385 indexing judgments — clerks fees. Acts, Sec. 362 284 indexes of judgments in Law Courts. Acts, Sec. 362 284 jurors, certificate of, per diem of Acts, Sec. 621 373 — lists of showing service and amounts due, to City Register. Ords., Art. 19, Sec. 1 891 night-watchmen ; appoint- ment of, duties and sala- ries. Acts, Secs, 375-378 289 record books to be kept. Acts, Sec. 366 286 salaries payable out of fees ; when fees insufficient, pro- viso. Acts, Sec. 370 287 salary of trust clerk of Circuit Courts. Acts, Sec. 371 287 CLERKS OF MARKETS, See "^Markets.'* Broadway market ; penalty. Ords., Art. 23, Sec. 66.... 939 distress for rent. Acts, Sec. 6 62 Fells Point market, regulating sales and stalls. Ords., Art. 23, Secs. 79- 80 943 Lexington market ; powers and duties of. Ords., Art. 23, Sec. 94.... 947 police powers of in market limits. Ords., Art. 23, Sec. 1 918 puddings and sausages ; sale of. Ords., Art. 41, Sec. 17....1201 to collect per diem fee from each dealer in markets. Ords., Art. 23, Sec. 16.... 923 CLOSING SALOONS, See ''Police Commissioners P CLOSING, STRAIGHTENING, ETC., STREETS, See "Opening, Closing, Etc., Streets, ’ ’ and ' 'Streets, Bridges and Highway s.^^ Burnt District Commission — powers of in. App. A, Sec. 28 1256-1257 CLOTHING, MERCHANDISE, ETC., markets — sale in unlawful, penalty, proviso. Ords., Art. 23, Sec. 34..929-30 COAL, See "Inspections, Weights and Measures." Ords., Art. 17, Sec. 31.... 885 not to be unloaded from cars in streets ; proviso. Ords., Art. 30, Sec. 3. .1016-17 policemen to enforce coal law — powers and duties of po- licemen ; penalty. Acts, Secs. 537, 539A..338-339 sales by bushels, etc. Acts, Sec. 540 339 — by wagon ; coal to be weighed ; penalty. Acts, Sec. 536 337-338 scales to be provided by seller of coal ; penalty for failure. Acts, Sec. 535 337 seller to provide memoran- dum of weight ; penalty for failure. Acts, Sec. 538 338 seller’s compensation for weighing. Acts, Sec. 539. 339 COAL AND CORK. 1361 COLLECTOR OF. Page COAL AND COKE, may be used in locomotive engines. Ords., Art. 30, Sec. 16....1021 COAL OIL, GASOLINE AND INFLAMMABLE COM- POUNDS, See '"'‘Fire Regulations." lighting or heating of sweat- shops by, prohibited. Acts, Sec. 280 252 COAL OIL ILLUMINANTS, See ‘ 'Fire Regulations' ’ and "Lamps and Lighting" . regulating use of. Ords., Art. 20, Secs. 25, 28, 29 902-903 COASTING ON BICYCLES, where prohibited, penalty. Ords., Art. 25, Sec. 89.. 988 COASTING OR SLEDDING, across or near crossings of railway tracks, unlawful, penalty. Ords., Art. 25, Sec. 90.... 988 COBBLESTONE PAVE- MENTS, prohibited within city limits. Ords., Art. 35, Sec. 77 .1120 CODE, EFFECT OF, vested rights, unimpared by. 1229 repealable or revocable rights unaffected 1229 contracts, effect on 1229 suits and actions 1229 taxes levied or proceedings taken heretofore 1229 laws, ordinances and resolu- tions embraced in this Code 1230 same excluded 1230 status of temporary public ordinances, quasi public and private ordinances 1230 Page COFFEE BROKER, license for. Acts, Sec. 694 424 COLLARS ON DOGS, See "Dogs." required on all dogs in city limits. Ords., Art. 41, Sec. 20....1202 COLLATERAL FOR AP- PEARANCE, See ‘ 'Justices of the Peace. ’ ’ COLLECTION OF FINES AND PENALTIES, See "Fines Forfeitures and Penalties^ ’ ’ and' ' Water. ' ’ COLLECTION OF PICT- URES OF CITY, See "Librarian." City Librarian to acquire and develop. Ords., Art. 21, Secs. 6- 9 907 COLLECTION OF TAXES, See ' ' City Collector;' ’ ‘ 'Sales' ’ and "Taxes." arrears for taxes, expense of collecting. Acts, Sec. 51 128 Collector’s death, resignation, etc., effect of. Acts, Sec. 51 A 128 general powers of city. Acts, Sec. 6 86 paving, etc., tax. Ords., Art. 35, Sec. 75..1119 COLLECTOR, CITY, See "City Collector." COLLECTOR OF CITY TAXES, See "City Collector." COLLECTOR OF COLLECTOR OF 1362 Page COLLECTOR OF STATE TAXES, See ‘ ‘ City Collector. ’ ’ appointment of. Acts, Sec. 52 129 appointment of, when Gover- nor may appoint. Acts, Sec. 56 131 books of, examination by State Treasurer. Acts, Sec. 55 131 bond of. Acts, Sec. 53 130 — to be recorded and filed in office of State Comptroller. Acts, Secs. 53, 56 130-131 certificates of deposit to be transmitted to State Treas- urer, penalty for failure. Acts, Sec. 54 130 City Collector to be. Acts, Sec. 58 131 commission of, levy for. Acts, Sec. 57 131 compensation of. Acts, Secs. 52, 57 129. 131 daily deposits of State taxes. Acts, Sec. 54 130 duties of. Acts, Secs. 52, 54 129,130 percentage for collection of state taxes. Ords., Art. 38, Sec. 32. .1168 COLLECTOR OF WATER RENTS AND LICENSES, See '‘''Licenses''' and '''’Water Rents. ’ ’ Ords., Art. 41, Sec. 1....1195 1196 abatements, when to be' made. Ords., Art. 40, Sec. 8....1180 appointment of. Acts, Sec. 59 132 Ords., Art. 40, Sec. 4.. ..1178 Page COLLECTOR OF WATER RENTS & LICENSES-(Cont’d). assistants and clerks of. Acts, Sec. 59 132 bills and accounts for water used. Ords., Art. 40, Sec. 4....1178 bills for water rates and dis- counts to be printed on. Ords., Art. 40, Sec. 6....1179 charges and rates for water, when due and payable. Ords., Art. 40, Sec. 5....1179 discounts on water bills. Ords., Art. 40, Sec. 5 1179 duties of. Acts, Sec. 59 132 Ords., Art. 40, Sec. 4.. ..1178 Finance, ofiicial of Depart- ment of. Acts, Sec. 32 110 funds for water payable to, accounting therefor t o Comptroller. Ords., Art. 40, Sec. 4.. ..1179 licenses for privy cleaning, revocable by. Ords., Art. 14, Sec. 140.. 840 — for vehicles, boats and scows. Ords., Art. 41, Sec. 75....1223 office of, may be abolished by ordinance. Acts, Sec. 59 133 rates for water, when due and payable. Ords., Art. 40, Sec. 5.... 1179 refusal and revocation of licenses. Ords., Art. 41, Sec. 14..1200 report to of building using water. Ords., Art. 40. Sec. 7 ...1179 1180 salary of. Acts., Sec. 59 132 shutting off water when bills in arrears. Ords., Art. 40, Sec. 9.. ..1180 COLLECTOR OF COMMISSIONERS. 1363 Page COLLECTOR OF WATER RENTS & LICENSES-(Cont’d). Subordinates Of, — appointment and salaries of. Ords., Art. 41, Sec. 1....1195 — bonds of. Ords., Art. 41, Sec. 2....1196 — duties of. Ords., Art. 40, Sec. 4.... 1178 Ords., Art. 41, Sec. 2.... 1196 — tenure of office of. Ords., Art. 41, Sec. 2. ...1196 water accounts, data of per- sons using water. Ords., Art. 40, Sec. 4.. ..1178 — funds, accounting of by. Ords., Art. 40, Sec. 4 — 1178 wrongful use of water, — em- ployes to report to. Ords., Art. 40, Sec. 11....1181 — penalty. Ords., Art. 40, Sec. 9.. ..1180 COLLEGES AND UNIVER- SITIES, water rents for. Ords., Art. 41, Sec, 63....1220 COLORED HIGH AND TRAINING SCHOOLS, graduates of, testimonials to. Ords., Art. 32, Sec. 12....1047 COLORED HOUSE OF RE- FORMATION, See ‘ 'Houses of Refuge and Reformation. COMBUSTIBLE MATTER, See "Fire Regulations ' storage of, regulated. Acts, Sec. 6 50 COMMISSIONERS FOR OPENING SEWERS. See "Sewers." COMMISSIONERS FOR OPENING STREETS, alterations and corrections in valuations and assessments. Acts, Sec. 177 195 Page COMMISSIONERS, Etc— (Cont’d). Annex Improvement Com- mission, — duties of, to be performed by. note 1117-1118 — members of. Acts, Sec. §841b 531-532 — work of. Acts, Sec. §841 j 535 appointment, salary, tenure of office. Acts, Sec. 172 189 appeals from assessment in grading and paving streets. Acts, Sec. 6 75 Appeal From Assessments In Opening, etc.. Streets, — amendments to record. Acts, Sec. 179 196 — appeal to Court of Appeals. Acts, Sec. 179 197 — Baltimore City Court, ap- peal to. Acts, Sec. 179 196 — benefits and damages, in- crease or decrease in. Acts, Sec. 179 196 — consolidation of appeals. Acts, Sec. 179 196 — costs. Acts, Sec. 179 197 — evidence, copy of proceed- ings, as. Acts. Sec. 179 197 — examination of commis- sioners. Acts, Sec. 179 196 — hearing, court to appoint. Acts. Sec. 179 196 — jurisdiction of court. Acts, Sec. 179 196-197 — jury trial for appellant. Acts, Sec. 179 196 — lecord of proceedings of commissioners. Acts, Sec. 179 196 — trial of appeals. Acts, Sec. 179 197 — sheriff to summon jury. Acts, Sec. 179 196 — subpoena duces tecum to City Register. Acts, vSec. 179 196 — time appeal to be taken. Acts, Sec. 179 196 COMMISSIONERS. COMMISSIONERS. 1364 Page COMMISSIONERS. Etc.-- (Cont'd). Appeal From, Etc. — (Cont’d). — writing, petition of appeal in. Acts, Sec. 179 196 benefits and damages assessed to same person. Acts, Sec. 174 190 — to be assessed when open- ing, etc., streets. Acts, Sec. 175 191 benefits, bills to parties assess- ed for. Acts, Sec. 181 198 — payment by third parties. Acts, Sec. 186 200 Board of Commissioners for Opening Sewers, compo- sition of. Ords., Art. 33, Sec, 1....1060 Board of Review and Assess- ment, commissioners to be members of. Acts, Sec. 145 170 books and papers, deposit of, in office of Citv Register. Acts, Sec. 192 202 bond of purchaser of property taken and sold, resale when purchaser fails to pay. Acts, Sec. 176 193 certificates and vouchers of, completion of work. Acts, Sec. 191 202 City Surveyor, to notify when his services required. Ords., Art. 37, Sec. 3.. .1149 Clerk. duties of. Acts, Secs. 172-173 190 — salary. Acts, Sec. 172 190 — to notify parties assessed. Acts, Sec. 178 195 compensation of owners for property taken. Acts, Sec. 176 192 consent of owners necessary until damages are paid. Acts, Sec. 185 200 COMMISSIONERS, Etc.-(Coffi^d)^. damages and benefits assessed to same person. Acts, Sec. 174 190 duties. Acts, Sec. 172 190 duties, additional. Acts, Sec. 192 202 expenses of assessment of damages,, etc., in opening, etc., streets. Acts, Sec. 175 191 fee and leasehold to be dis- tinguished in assessments. Acts, Sec. 188 201 £:ifts and grants of property for streets. Acts, Sec. 193 202 hearings in revision of assess- ments. Acts, Sec. 177 195 highways, donated property to become, public. Acts, Sec. 194 202 lien from payment of benefits assessed. Acts, Sec. 186 200 maps filed in office of. (See ''Streets, Bridges and Highways. ’ ’ ) meeting for revision of assess- ments by. Acts, Sec. 177 194 meeting to assess damages or benefits, notice of. Acts, Sec. 175 191 note on provisions of Charter, relating to. foot-note 189 notice of taking of property, what to show. Acts, Sec. 177 194 notices published and certif- icates of publication. Acts, Sec. 173 190 notice to parties, assessed, effect of. Acts, Sec. 178 195 COMMISSIONERS. COMMISSIONERS. 1365 Page COMMISSIONERS, Etc— (Cont’d). obstructions in opened streets, removal of. Acts, Sec. 189 201 ordinances declared void, duty in. Acts, Sec. 180 198 per diem to be assessed as expenses. Acts, Sec. 190 201 petitioners against street opening to give location of their property. Acts, Sec. 195 203 portion only of lot taken, procedure. Acts, Sec. 176 192 powers in opening, extend- ing, widening, etc., streets. Acts, Sec. 6 72-73 proceedings in assessment to be deposited with City Register. Acts, Sec. 177 195 procedure in opening, etc., streets. Acts, Sec. 175 191 —when part only of lot taken. Acts, Sec. 176 193 publication of damages and benefits assessed. Acts, Sec. 177 194 record of proceedings, clerk to keep. Acts, Sec. 173 190 resale of property where pur- chaser at first sale defaults. Acts, Sec. 176 193 residue of lots taken, sale of. Acts, Sec. 176 192 revision, notice of meeting for. Acts, Sec. 177 194 rule in assessing damages and benefits. foot note COMMlSSIONERS.Etc— (Conf’d^^ Sales of Property Assessed For Benefits, — City Collector to sell. Acts, Sec. 182 199 —costs of sales. Acts, Sec. 184 199 — deed to purchaser. Acts, Sec. 184 199 — notice. Acts, Sec. 182 199 — notice of resale. Acts, Sec. 183 199 — proceedings of Commis- sioners, return of. Acts, Sec. 183 199 — proceeds, disposition of. Acts, Secs. 182-4 199 — procedure. Acts, Sec. 183 199 — resale. Acts, Sec. 183 199 second sub-department of review and assessment. Acts, Sec. 172 189 sheds and obstructions on property taken, sale of. Acts, Sec. 176 193 subordinates in their sub- department. Acts, Sec. 172 190 temporary commissioner, appointment. Acts, Sec. 187 200 valuation of property taken. Acts, Sec. 176 192 COMMISSIONERS OF FI- NANCE, See ''Stocks, Loans and Fi- nance. ’ ’ board of. composition of. Acts, Sec. 41 121 • city property, to approve dis- posal of. Acts, Sec. 13 98 deeds, conveyances, assign- ments and leases to be ap- proved by, proviso. Ords., Art. 1, Secs. 2, 3.. 572 duties of. Acts, Sec. 41. 190 121 COMMITMENTS. COMMISSIONER OF HEAETH. 1366 Page COMMISSIONER, Etc.— (Cont’d). Paving Commission and Eoan, sale of stock. Acts, Sec. §841p 541 proceedings of, to be record- ed. Acts, Sec. .41 121 COMMISSIONER OF HEALTH, See ‘ '‘Health, ’ 'sub-title'‘'‘ Com- missioner of. ’ ’ alteration of grades of streets. i^See ‘ 'Streets and City Engineer' ’ ‘ ‘ Streets, Bridges and Highways , ” sub-title ‘ ‘ G rades of Streets . ” ) Acts, Sec. 834 526 oakeries and confectioneries, appointment of inspector. Ords., Art. 17, Sec. 35.... 886 887 bodies of city’s insane, deliv- ery to when unclaimed. Ords., Art. 16. Sec. 11.... 872 buildings, wooden, below street level, notice to raise. Ords., Art. 3, Sec. 132.. 651 certificate of, to City Register, in death of city’s insane at hospitals. Ords., Art. 16, Sec. 9... 872 Department of Public Safety, member of. Acts, Sec. 68 137 hospitals for the sick, notice to owners to discontinue, penalty. Ords., Art. 16, Sec. 5 870 infants, record of in homes for care of. Acts, Sec. §493g 323 plumbing, member of State Board of Practical Plumb- ing. Acts, Sec. 511 327 police to execute orders of. Ords., Art. 25, Sec. 36.... 970 Page COMMISSIONER, Etc.— (Cont’d). Tenement, Lodging and Apart- ment Houses, — privies of. Ords., Art. 3, Sec. 127.... 649 — ventilation of. Ords., Art. 3, Sec. 125.... 648 649 COMMISSIONER OF STREET CLEANING, See "Street Cleaning." COMMISSION ON SEWER- AGE, See "Sewers." COMMISSION ON TOPO- GRAPHICAL SURVEY, See ' ' Topographical Sm'vey. ’ ’ COMMISSIONS. Collector of State Taxes. Acts, Sec. 57 131 COMMISSIONS OF AUC- TIONEERS, See ' 'A uctioneets. ’ ’ COMMISSIONS OF TRUS- TEES, note 273 COMMITMENTS, See "Justices of the Peace" and "Thieves and Pick- pockets. ’ ’ note 276 assault and battery, cases of. Acts, Sec. 230 231 destitute or neglected chil- dren; Supervisors of City Charities may commit to institutions. Acts, Sec. 107 159 directed to warden of jail. Acts, Sec. 131 166 in default of payment of costs or want of security. Acts, Sec. 142 169 COMMITMENTS. COMPTROEEER. 1367 Page COMMITMENTS.— ( Cont’ d) . Justices of the Peace; com- mitments on conviction or when fine not paid. Acts, Sec, 633 381 vagrants committed by jus- tices. Acts, Sec. 141 168 when to be returned. Acts, Sec. 332 276 COMMUNICABLE DISEASES, apartments of consump- tives. App. B, Sec. 3 1266 appropriations to defray ex- penses of Act. App. B, Sec. 5 1268 circular of information to consumptives. App. B,Sec. 3 1267 Commissioner of Health to instruct physicians. App. B, Sec. 3 1265-1266 complaints relating to. App. B, Sec. 1 1264 diseases affected by this Act. App. B, Sec. 1 1265 duties of Commissioner of Health. App. B, Sec. 1 1264-1265 duty of attending physician. App. B, Sec. 2 1265 expenses of Commissioner of Health and others re- lating to. App. B, Sec. 5 1268 false statements relating to, penalty. App. B, Sec. 4 1267 physicians making false statements; penalty. App. B, Sec. 4 1267 precautions to prevent spread of contagion. App. B, Sec. 3 1266 printed matter to be issued. App. B, Sec. 5 1267-1268 COMMUNICABLE, Etc— (Co^^d)^ penalty for violation of reg- ulations. App. B, Sec. 1 1265 requisitions for materials to prevent spread of. App. B, Sec. 3 1266-1267 sputum or other secretion; disposal of. App. B, Sec. 1 1264 COMPARISON OF WEIGHTS AND MEASURES, keepers to compare quarterly. Ords., Art. 17, Sec. 8 .... 878 COMPENSATION, of city officials, employees and agents. (See "'Sal- aries.*'') COMPETITIVE EXAMINA- TIONS FOR FIRE DEPART- MENT, See ""Fire Department" sub- title "" Examhiing Board of." COMPLAINTS, relating to communicable diseases. App. B, Sec. 1 1264 COMPOSITION ROOFING MANUFACTORY, regulations for; violation of; penalty. Ords., Art. 14, Sec. 66.... 817 COMPTROLLER, accounting by city officials may be required by. Ords., Art, 6, Sec. 3 699 accounts, etc., of municipal officials, etc., to be examined by. Ords., Art. 6, Sec. 3 699 — with municipal officials to be opened. Ords., Art. 6, Sec. 4 699 Annex Improvement Com- mission, member of. Acts, Sec. §841b 531-2 COMPTROI.LER. COMPTROEEER. 1368 COMPTROLLER.— (Cont’d). annual levy; to charge City Collector with. Ords., Art. 6, Sec. 3 699 Assistant Harbor Masters, appointed by. Ords., Art. 13, Sec. 2, 772-773 audit and approval of claims against city. Ords., Art. 6, Sec. 4..699-700 audit clerk, appointment of. Acts, Sec. 34 Ill auditor of all city accounts. Ords., Art. 6, Sec. 2 699 — of city — to be. Acts, Sec. 34 Ill bills against city; not to be paid except on written or- ders. Ords., Art. 6, Sec. 33.... 710 and note 708-709 — for public improvements; when to be paid. Ords,, Art. 6, Sec. 5 700 Board of awards, to be mem- ber of. Acts, Sec. 15 99 — of Estimates, member of. Acts, Sec. 36 113 bond of. Ords,, Art. 6, Sec. 1 698 — of market clerks to be ap- proved by; suits on bonds when clerks’ accounts show deficiency. Ords., Art. 23, Sec. 7.... 921 — of municipal officials and employes. Ords., Art. 6, Sec. 4 700 — of Jail Warden to be filed with. Acts, Sec. 128 165 — to be approved by, when. Acts, Sec. 20A 101 buildings, bath rooms, etc., certificate of payment of permit fees. Ords Art. 3, Secs. 17,19 606-7 — collection of fines, payment to. Ords., Art. 3, Sec. 204.. 680 COMPTROLLER.— (Cont’d). checks to be certified by. Ords., Art. 6, Sec. 4..699-700 — to be countersigned by him or the Mayor. Acts, Sec. 20A 101 claims against city; payment of. Ords., Art. 6, Sec. 4..699-700 Commissioners for Opening Streets; expenses of. Acts, Sec. 191 202 damages in opening streets; not to be paid until taxes are paid. Ords., Art. 38, Sec. 33....1168 Deputy Comptroller, appoint- ment of. Acts, Sec. 34 Ill — bond of. Ords., Art. 6, Sec. 15..702-703 — compensation of. Ords., Art. 6, Sec. 16.... 703 duties and powers of. Acts, Sec. 34 Ill election of. Acts, Sec. 33 110 examination of accounts and reports thereon to be made by. Ords., Art. 6, Sec. 2 699 extra assistance. Ords., Art. 6, Sec. 17 703 fines imposed under inspec- tions of gas and oil, collec- tion and payment. Ords., Art. 20, Sec. 30.... 903 fire pay rolls, certificate of examining board to names on. Ords., Art. 11, Sec. 22.... 744 Harbor Master, to appoint. Acts, Sec. 34 Ill hospitals, payment of fines collected. Ords., Art. 16, Sec. 16.... 873 increase of assessment by court to be audited and charged to respondent. Acts, Sec. 170 187 comptroller. comptroller. 1369 Page COMPTROLLER— (Cont’d). insurance; Comptroller to represent city in collection of claims for. Ords , Art. 6, Sec. 6 700 — monies; accounting of by. Ords., Art. 6, Sec. 6 700 — of city property outside city limits. Ords. Art. 6, Sec. 4 699 insuring city property; what property to be insured. Ords., Art. 6, Sec. 4 699 Ords., Art. 6, Sec. 7 700 inventories of city property in office of City Librarian, inspect annually. Ords., Art. 21, Sec. 4.... 906 keepers of weights and measures, sets of weights, etc., for each. Ords., Art. 17, Sec. 6. .. 877 keepers of weights, etc.; monthly returns to. Ords., Art. 17, Sec. 23.... 883 License and Market Detective, — accounts of market clerks to be audited by — reports thereon . Ords., Art. 6, Sec. 18.. 704 — appointment of; duties; salary. Ords., Art. 6, Sec. 18, 703-704 list of property condemned to be furnished to Appeal Tax Court. Ords., Art. 38, Sec. 34....1168 Market Master, to appoint. Acts, Sec. 34 Ill market plats to be provided by; data to be shown there- on. Ords., Art. 23, Sec. 25.... 927 — stalls, stands, etc., to re- number. Ords., Art. 23, Sec. 43.. 932 Maryland Institute, contract with; report of president of; inspection of. Ords., Art. 32, Secs. 28, 30, 31 1053-4 Page COMPTROLLER.— (Cont’d). office hours on Tuesdays and Fridays. Ords., Art. 6, Sec 30 709 and note 708-709 opening, etc., streets, duty when oadinance declared void. Acts, Sec. 180 198 pay rolls and salaries of city officials., etc. Ords., Art. 6, Sec. 4 700 payment of claims against city. Ords., Art. 6, Sec. 4 699-700 Polytechnic Institute; insur- ance of city’s interest. Ords., Art. 6, Sec. 8 701 portable school buildings on vacant lots; to approve. Ords., Art. 32, Sec. 4....1044 President of Department of Finance. Acts, Sec. 32 110 primary election for. App. C, Sec. 2 1275-1276 qualifications; term of office; salary. Acts, Sec. 33 110 recording of deeds to city of property bought at tax sales. Ords., Art. 38, Sec. 36....1169 records of deeds and leases to be kept by. Ords., Art. 1, Sec. 49, 587-588 refund o erroneous assess- ments. Acts, Sec. 170 186 refuse material . — account of to be kept. Ords., Art. 6, Sec. 12.... 702 — duty of city officials in rela- tion to. Ords., Art. 6, Sec. 13.... 702 — separate account for to be kept. Ords., Art. 6, Sec. 14.... 702 — sale of; proceeds to be paid to City Register. Ords., Art. 6, Sec. 12.... 702 COMPTROI.I.KR . CONDEMNATION . 1370 Page COMPTROLLER.— (Cont’d) . reports — of auction duties to State Comptroller. Acts, Sec. 276 246 — to appeal Tax Court of sales of property for taxes. Ords., Art. 38, Sec. 38....1170 — to City Solicitor, loss or conversion of city proper- ty. Ords., Art. 21, Sec. 4.... 906 re-sale of property bought by city at tax sales. Ords., Art. 6, Sec. 10.... 701 residue from re-sale of unre- deemed property sold for Ords., Art. 6, Sec. 11.... 702 salaries of subordinates of. Acts, Sec. 34 Ill sales for taxes, advertisement of private sales for. Ords., Art. 38, Sec. 37....1170 — objections to such sales. Ords., Art. 38, Sec. 37....1170 sales of property — bought by city at tax sales; require- ments of such sales. Ords., Art. 38, Sec. 37....1169 — for taxes; duty of Comp- troller. Ords., Art. 6, Sec. 9 701 subordinates in sub-depart- ment of. Acts, Sec. 34 Ill — bonds of. Ords., Art. 6, Sec. 17.... 703 Superintendent of Lamps and Lighting, fees and fines for inspections by. Acts, Sec. 204 208 tax sales; bid by Comptroller to protect city. Ords., Art. 6, Sec. 9 701 — sale of unredeemed prop- erty bought at. Ords., Art. 6, Sec. 10.... 701 taxes on unredeemed prop- erty; payment from pro- ceeds of re-sale. Ords., Art. 6, Sec. 11.... 701 Page COMPTROLLER.-(Cont’d). titles to city property; to be custodian of. Ords., Art. 6, Sec. 4 699 Topographical Survey Com- mission, member of. Acts, Sec. 840 529 ocu. Ords., Art. 39, Sec. 3....1173 unsafe, etc., buildings, col- lection of cost for securing. Ords., Art. 3, Sec. 151.... 658 vacancy in office of. Acts, Sec. 34 Ill vaults and areas, payment to, of permit fee. Ords., Art. 3, Sec. 155.... 659 Weights and Measures, In- spector of. Acts, Sec. 34 Ill when removable. Acts, Sec. 34 112 COMPTROLLER OF TREAS- URY, fees for instruction of deaf and dumb. Acts, Sec. 396 296 hearing by and determination of appeals from assessments and valuations. Acts, Sec. §170a 187-188 CONCEALED WEAPONS, See '‘'Police Commissioners.'’' cases of, triable by Justices of the Peace. Acts, Sec. 632 379 CONCRETE WALLS, See "‘Buildings."' CONDEMNATION, markets, land for, {See ‘ 'Mar- kets.'"') CONDEMNATION OF IM- PURE FOODS, Ords., Art. 14, Sec. 58.... 813 CONDEMNATION . CONDEMNATION . 1371 Page CONDEMNATION OF PROPERTY, See '‘'‘Burnt District Com- mission ’ ''‘City Collector;''' "Commissioners for Open- ing Streets;'" "‘Condemna- tion Proceedings;'"' "Open- ing, Closing, etc.. Streets;''' '‘'‘Sewers" and "Streets and City Engineer." Annex Improvement Com- mission, ordinance for condemnation , Acts, Sec. §841e 533 appeals from valuations. Acts, Sec. 6 48-49 Burnt District Improvements. App. A, Secs. 8-21, 1242-1253 cases cited, note 198 damages and benefits. Acts, Sec. 6 48 damages, investment of sums due as. Acts, Sec. 185 200 esplanades and the like. Acts, Sec. 6 49 fee simple and leasehold dis- tinguished . Acts, Sec. 188 201 General Ordinance Relating to, — acquisitions previously authorized. Ords., Art. 8, Sec. 2 715 — appeals as in street cases. Ords.. Art. 8, Sec. 1 714 — appraisers, appointment, oath, return, disagree- ment. Ords., Art. 8, Sec. 1 713 — assessment of value among owners. Ords., Art. 8, Sec. 1 713 — authority by ordinance, pioceedings under. Ords., Art. 8, Sec. 1 711 — award of appraisers, pay- ment of. Ords., Art. 8, Sec. 1 714 — causes of, resort to con- demnation. Ords., Art. 8, Sec. 1 Page CONDEMNATION.— (Cont’d) . General Ord., Etc. — (Cont’d). — Charter to control where provisions conflict with. Ords., Art. 8, Sec. 3 715 — condemnations heretofore authorized. Ords., Art. 8, Sec. 2 715 — confirmation of award. Ords., Art. 8, Sec. 1 714 —conflict with Charter, Char- ter to control. Ords., Art. 8, Sec. 3 715 — cost of appeals, city to pay. Ords., Art. 8, Sec. 1 714 — disability of owners, guardian ad litem. Ords., Art. 8, Sec. 1 713 — exceptions to award, time for filing. Ords., Art. 8, Sec. 1 714 — hearing on return of sum- mons. Ords., Art. 8, Sec. 1 713 — jury trial. Ords., Art. 8, Sec. 1 — 714 — non-resident owners, post- ing summons to, Ords., Art. 8, Sec. 1 712 — notice of award of apprais- ers, publication of. Or.4s., Art. 8, Sec. 1 714 — notice to non-resident owners, publication, post- ing. Ords,, Art. 8, Sec. 1 712 — ob j ections to condemnation , hearing of. Ords., Art. 8, Sec. 1 713 — objects for which condem- nation will lie. Ords., Art. 8, Sec. 1 711 — order of court, of summons for owner. Ords., Art. 8, Sec. 1 712 — payment of award, pay- ment into court. Ords., Art. 8, Sec. 1 714 — payment of costs of appeals, etc. Ords., Art. 8, Sec. 1 714 — petition in Baltimore City Court, institution of pro- ceedings by. Ords., Art. 8, Sec, 1 712 — publication of summons to non-residents, posting on property. Ords., Art. 8, Sec. 1 712 712 CONDEMNATION . CONDEMNATION . 1372 CONDEMNATION.— (Cont’d)^^^^ General Ord., Etc. — (Cont’d). — purposes of condemnation, statement of to accom- pany petition. Ords., Art. 8, Sec. 1 712 — renewal of summons. Ords., Art. 8, Sec. 1 712 — re-summons, when court may order. Ords., Art. 8, Sec. 1 713 — return of appraisers. Ords., Art. 8, Sec. 1 713 — return of summons. Ords., Art. 8, Sec. 1 713 — summons for owner, re- newal of. Ords,, Art. 8, Sec. 1 713 — title to property condemned, when to vest in city. Ords., Art. 8, Sec. 1 715 g’eneral powers. Acts, Sec. 6 48 Jones’ Falls improvement. Acts, Sec. 6 58 — assessments for. Acts, Sec. 6 59 jury trial. Acts, Sec. 6 59 lien of benefits assessed in street opening. Acts, Sec. 185 200 markets. Acts, Sec. 6 62 New Sewerage System. Acts, Sec. §824c 512 notice to owners to be given. Acts, Sec. 6 48 objectionable surroundings, provision against. Acts, Sec. 6 49 opening, closing, etc., streets, (^See Commissioners for Opening Streets^''' '‘'‘Parks arid Squares'P '‘'‘Streets^ Bridges and Highways Acts, Sec. 6 48, 72, 73 parks, squares or gardens. Acts, Sec. 6 48 Paving Commission, proced- ure for. Acts, Sec. §841m Page CONDEMN AT10N.—(Cont’ d) . procedure to be provided. Acts, Sec. 6 48 purposes for which land may be condemned. Acts, Sec. 6 48 sales for benefits assessed in opening, closing, etc., streets, procedure. Acts, Sec. 183 199 — property assessed for bene- fits in street opening, closing, etc. Acts, Sec. 182 199 sewers. Acts, Sec. 6 68 squares, springs and monu- ments. See under ‘ '‘Squares^ Springs and Monuments. ’ ’ Acts, Sec. 6 69-70 title to land condemned. Ords., Art. 5, Sec. 2, 3, 695-696 void ordinances for, effect of. Acts, Sec. 180 198 water and water rights. Acts, Sec. 6 88-91 wharves and docks — wharfage and dockage. Acts, Sec. 6, note 49 CONDEMNATION PRO- CEEDINGS, See '‘'Burnt District Com- mission. ’ ’ appeals allowed on behalf of city. Acts, Sec. 320 272 appeals in, to be heard in City Court. Acts, Sec. 320 272 Burnt District Commission; powers and duties relating to. App. A, Sec. 4-28..1237-1257 Jurors, compensation of. Acts, Sec. 6 90 several interests to be valued. App. A, Sec. 20 1253 539 CONDEMNATION . CONSTABEES. Page 1373 CONFECTIONERIES, Page CONDEMNATION.— (Cont’d). sewer opening; records to be deposited with City Regis- ter. Ords., Art. 33, Sec. 20....1072 water and water rights. Acts, Sec. 6 88-91 CONDEMNED PUMPS, signs to be placed on. Ords., Art. 40, Sec. 36....1189 CONDEMNED STEAM BOILERS, See ‘ ^ Steam Boilers. ’ ’ CONDEMNED WELLS, See ‘ ‘ Wells. ' ’ fountains in place of — when- to be provided. Ords., Art. 40, Sec. 42....1190 water not to be used from. Ords., Art. 40, Sec. 41....1190 CONDEMNED WEIGHTS AND MEASURES, penalty for subsequent use. Ords., Art. 17, Sec. 14.... 881 CONDITIONS OF GRANTS AND FRANCHISES, See '‘'Franchises.'’' Acts, Secs. 7-12 94-97 CONDUITS, See '‘'Electrical Commission and Subways. ' ' Acts, Sec. §826a 519 telegraph and telephone wires. Acts, Sec. 6 81 CONDUITS AND SUBWAYS OF C. & P. TELEPHONE CO, police and fire alarm wires in. Ords., Art. 11, Sec. 35.... 749 CONDUITS FOR ELECTRIC WIRES, See ' 'Electrical Commission and Subways. ' ' Ords., Art. 9, Secs. 1-24 718-727 analysts and inspectors for. Acts, Sec. 73....'. 139 CONFECTIONERY, inspectors of. Acts, Sec. 73 139 Sabbath — sales of in streets, unlawful penalty. Ords., Art. 31, Sec. 2....1040 CONGRESSIONAL E L E C - TIONS, See ' 'Primary Elections. ’ ’ selection of candidates and delegates to conventions for. App. C, Sec. 1 1274, 1275 CONNECTIONS WITH SEW- ERS. See "Sewers." CONNECTIONS WITH WATER PIPES, See ' ' Water. ' ' penalty for unlawful introduc- tion of water to premises. Ords., Art. 40, Sec. 10....1181 CONRAD HOHMAN, driving cattle through streets, special permission. Ords., Art. 25, Sec. 21.... 967 CONSOLIDATION OF CER- TIFICATES OF CITY STOCK, authority for. Ords., Art. 34, Sec. 17....1082 CONSTABLES, appointment, compensation, duties, term of ofiice. Acts, Sec. 206 209 fees of, city not to pay ; when. Acts, Sec. 639 383 not to deputize persons to serve writs in his behalf. Acts, Sec. 649 387 CONSTITUENT, ETC. CONTRACTS. 1374 Page CONSTITUENT COMPAN- IES OF UNITED RAIL- WAYS AND ELECTRIC COMPANY, See ^'‘United Railways and Electric Company." App. D 1279-1288 CONSTITUTION, streets in annex, effect on, Acts, Sec. 3 42 CONSTRUCTION OF DRAIN PIPES, penalties relating to. Ords., Art. 14, Sec. 134.. 838 CONSTRUCTION OF SEWERS, See ''Sewers." CONSUMPTIVES, See ' ' Communicable Dis- eases. ’ ’ false statements relating to. App. B, Sec. 4 1267 CONTAGIOUS AND INFEC- TIOUS DISEASES, See '' Health" and "Hospi- tals" sub-title "Infectious Diseases Hospital." Ords., Art. 14, Sec. 1, 10, 796, 799 health wardens, duty in. Acts, Sec. 78 141 introduction, prevention of. Acts, Sec. 6 53 small-pox. Acts, Sec. 6 note 54 CONTAGIOUS DISEASES IN SCHOOLS, duty of physicians and par- ents. Ords., Art. 32, Sec. 35-39 1056-8 CONTAGIOUS DISEASES ON VESSELS, See "Health." Ords., Art. 14, Sec. 164, 849, 850 CONTESTS OF SPEED, See "Vehicles." CONTINGENT FUND, See ' 'Board of Estimates. ’ ’ Acts, Sec. 38 119 City Council, powers of in re- lation to. Acts, Sec. 38 119^ expenditures therefrom to be reported. Acts, Sec. 38 119 CONTRACTORS, See "Contracts." extra compensation not to be allowed ; exception where city or its agents cause loss to contractor. Ords., Art. 1, Sec. 41 584 payment of for paving, grad- ing, etc., work. Ords., Art. 35, Sec. 75....1120 paving, etc. , work — when to be paid. Ords., Art. 35, Sec. 17....1096 — when work is to begin. Ords., Art. 35, Sec. 100..1130 CONTRACTS, acquisition of land by city ; contracts for. Ords., Art. 5, Sec. 1 695 advertising same where more than $500 involved. Acts, Sec. 14 98 bonds of contractors. Acts, Sec. 15 99' — to contain stipulation to in- demnify city for infringe- ment of patents on materi- als, etc., and negligence of con tractors. Ords., Art. 1, Sec. 45 586» buildings ; specifications to provide for inspection by Inspector of Buildings. Ords., Art. 3, Sec. 3 598 City Solicitor to approve. Acts, Sec. 15 99 Sec. 63 135> CONTRACTS. 1375 CONTRACTS. Page CONTRACTS.— (Cont’d). . clause requiring mechanics and laborers employed by the day to be paid once-a- week. Ords., Art. 1, Sec. 47.... 586, 587 — vouchers for settlement of claims for labor and ma- terials. Ords., Art. 1, Sec. 46 586 — sub-contractor to be named in bid. Ords., Art. 1, Sec. 44.... 585, 586 Code not to affect liabilities under. Sec. 1 1229 -decisions relating to. Acts, Sec. 14 note 98-99 ■dogs — seizure and destruction of. Ords., Art. 41, Sec. 24....1204 Electrical Commission ; du- ties relating to. Ords., Art. 9, Sec. 5 719 garbage, removal of. Ords., Art. 36, Sec. 4... 1141-2 Grading, Paving, Etc., — on application of owners. Ords., Art. 35, Sec. 56....1110 — under special ordinances. Ords., Art. 35, Sec, 91....1126 Harbor Board to control har- bor work and to retain 20 per cent, of money as security. Ords., Art. 13, Sec. 3 773 hopitals, care of city’s insane at. Ords., Art. 16, Sec. 10.... 872 indigent poor, care and sup- port of ; contracts relating to. Acts, Sec. 105 158 instruction and care of habit- ^ual truants. Ords., Art. 32, Sec. 27....1052 manner of awarding same. Acts, Sec. 15 99 Acts, Sec. 99 153 Page CONTRACTS.— (Cont’d). Maryland Institute ; instruc- tion of city pupils in. Ords., Art. 32, Sec. 28....1053 Mayor or heads of depart- ments to approve. Acts, Sec. 20A 101 municipal officials or employes not to have personal inter- est in ; penalty. Ords., Art. 1, Sec. 37.... 582, 583 night soil, removal of ; con- tract with R. R. Zell and Co. Ords., Art. 14, Sec. 157.. 845 Paving Commission, contracts of $500 or more. Acts, Sec. §841o 540 Paving Contracts, — maintenance of paving in good repair required. Ords., Art. 35, Sec. 16.... 1095-96 — materials to be specified for street crossings. Ords., Art. 35, Sec. 18....1096 — removal of old material re- quired. Ords., Art. 35, Sec. 16....1096 playgrounds for children. Acts, Sec. §493a 321 proposals to be advertised. Acts, Sec. 14 98 removal of street dirt and garbage. Acts, Sec, §841u 545-547 school buildings, portable. Ords., Art. 32, Sec. 5....1044-5 — buildings, supplies and sta- tionery. Acts, Sec. 99 152, 153 sewer opening, specifications and plans by City Engineer. Ords., Art. 33, Sec. 22....1073 stationery and printing {See '‘'‘Librarian.'’') — City Librarian to advertise for proposals. Acts, Sec. 197 205 CONTRACTS. CORONERS. 1376 CONTRACTS.— (Coni’ d) . street lighting contracts — burners, proposals for — ad- vertisment. Ords., Art. 20, Sec. 16.... 898, 899 — forfeit clause in. Ords., Art. 20, Sec. 16..898-9 CONTRACTS, OBLIGA- TIONS, ETC., effect of this Code upon. 1229 CONTRACTS OF SALE, arbitration of, {See Arbitra- tion^ Court of.'" ) Acts, Sec. 223 221 Page CONVICTS, commutation of sentence for good behavior. Acts, Sec. 139 167-168 lunatic and insane in Bay View Asvlum. Acts, Sec. §120a 163 CONWAY STREET, vehicles ; stands for prohibit- ed. Ords. , Art. 4, Secs. 32, 37 691, 693 COOKING WITH GASOLINE, regulating use in. Ords., Art. 11, Sec. 77.... 763 CONTRIBUTIONS TO POLICE FUND, See ‘ 'Special Police Fund. ’ ’ CONVENTIONS, See "Primary Elections." App. C, Sec. 1 1269-1275 CONVEYANCERS, employed by Burnt District Commission. App. A, Sec. 1 1236 COPIES OF PLEADINGS, ETC., service of on parties in suits in Circuit Courts required ; exceptions. Acts, Sec. 327A 275 CORD MEASURE, firewood, sales by, penalty, proviso. Ords., Art 17, Sec. 32 886 CORD WOOD, CONVEYANCES, See ‘ 'Deeds '' ’ and ''Land Records. ’ ’ Burnt District Commission — lands, etc., acquired by. App. A, Sec. 6 1240-1241 Burnt District — State lands measurement of ; contents of each cord of wood. Acts, Sec. 591 356 CORONER AT LARGE, appointment, duties and com- pensation of. Acts, Sec. 295 258, 259 in. App. A, Sec. 33 1261 District Commission. App. A, Sec. 6 1240 CORONERS, appointment of. Acts, Sec. 294 258 assignment of by Governor. Acts, Sec. 294 259 property sold for Burnt Dis- trict assessments. App. A, Sec. 15 1251, 1252 sale or lease of State property to city in burnt district. App. A, Sec. 34 1261, 1262 bond and oath of. Acts, Sec. 294 258 burial expenses — City Regis- ter to pay same on certifi- cate of coroner ; proviso. Acts, Sec. 296 259 CORONERS. COSTS. 1377 Page CORONERS.— (Cont’d). clothing and effects of persons buried from morgue, to be disposed of by. Ords., Art. 14, Sec. 80.... 821 coroners jury not to receive compensation for services. Acts, Sec. 296 259 death certificates to be fur- nished by coroner, — when. Ords., Art. 14, Sec. 182.. 859, 860 inquests, when to be held by. Acts, Sec. 296 259 monthly report to Police Commissioners of inquests. Acts, Sec. 297 259 property or money of deceased to be deposited in bank subject to order of Orphans’ Court. Acts, Sec. 297 260 salary of. Acts, Sec. 294 258 term of office. Acts, Sec. 294 258 CORONERS, INQUESTS AND DEAD BODIES, Acts, Secs. 294-299....258-261 CORONERS JURY, See Coroners.'^' CORPORATE POWERS, See '‘^Powers," City Council and Mayor, vest- ed in. Acts, Sec. 218 216 synopses of decisions of Court of Appeals. — agents of municipal corpora- tions 216 — appropriations 217 — ballots 217 — buildings 217 — City Council 217 — contracts 218 — estoppel 219 — franchises, improvements.. 219 — legislature, licenses, mar- kets 220 Page CORPORATE, Etc.— (Cont’d). — Mayor and City Council of Baltimore 220 — ordinances 220 — powers of municipality 223 — quorum 224 — taxing power, ultra vires. 225 CORPORATE PROPERTY, title to, in the city. Acts, Sec. 2 41 CORPORATIONS, list of stockholders to be fur- nished to Appeal Tax Court; what list shall show. Acts, Sec. §155a 176 CORPORATIONS USING STREETS, replacement and restoration of surface by. Ords., Art. 35, Secs. 114, 115 1136, 1137 CORRECTIONS IN STREET OPENING ASSESSMENTS, hearing and review. Acts, Sec. 177 195 CORN AND FLOUR EX- CHANGE, ARBITRATION COMMITTEE OF, See '^'‘Arbitration.'^ COSTS, — acquittals recovery of, of costs. Acts, Sec. 341 278 — when prosecuting witness shall pay. Acts, Sec. 340 278 appeals from Justices of the Peace. Acts, Sec. 389 294 commitments for want of security to keep peace. Acts, Sec. 142 169 criminal proceedings, station house justices to account for and pay same to Police Com- missioners, application of such costs. Acts, Sec. 646. 386 COSTS, 1378 COURT OF APPEALS. Page COSTS— (Cont’d). Justices of the Peace to ac- count for. Acts, Sec. 142 169 power of city courts in cases of tort. Acts. Sec. 389 294 pavements, repair of. City Engineer to charge Water Board with. Ords., Art. 40, Sec. 29....1187 Sewer Opening Proceedings, — appeals, assessment of costs of. Ords., Art. 33. Sec. 9..1068 — per diem of Commissioners included in . Ords., Art. 33, Sec. 19. 1072 — valuations, assessment of cost of. Ords., Art. 33, Sec. 6..1063 tort, costs in cases of, where verdict is below $50.00 on default. Acts, Sec. 389 294 COSTS IN EQUITY, stenographer’s per diem. note 273 COTTON BROKERS, license for. Acts, Sec. 694 424 COTTON WADDING MANUFACTORIES, erection and operation of, prohibited, penalty. Ords., Art. 14, Sec. 75.... 819 COUNCIL, CITY, See^' City Council.'''' COUNCILMANIC DIS- TRICTS, See '‘'‘Legislature Districts.'''' COUNSEL FEES, note 269 when allowed to plaintiff. Acts, Sec. 315 269 COUNTRY PRODUCE, See "Markets.''' Fells Point Market, sales from wagons. Ords., Art. 23, Sec. 85.... 944 COUNTERFEITING INSPEC- TIONS, weights and measures, sym- bol of, penalty. Ords., Art. 17, Sec. 11.... 880 COUNTERFEITING SEAL OF GAS METERS, penalty. Ords., Art. 20, Sec. 14.... 898 COUNTY COMMISSION- ERS, See '‘'Bridges" and "Turn- pikes. ' * agreements with, relating to bridges and turnpikes. Acts, Sec. 6 82 Light street bridge. Acts, Sec. 6 83 COUPON TICKETS, See "Railroads and Rail- ways." COURT, APPEAL TAX, See "Appeal Tax Court." Acts, Sec. 146 170 COURT HOUSE, employes in, salaries of. Ords., Art. 28, Sec. 2 .1005 COURT OF APPEALS, See "Corporate Powers." appeals from assessments of taxes. Acts, Sec. 170 187 when to be taken. Acts, Sec. 170 187 transmission of record. Acts, Sec. 170 187 appeals to have precedence. Acts, Sec. 170 187 COURTS. COURTS. Page 1379 Page COURT OF COMMON PLEAS, See '^Courts— Law Courts of Baltimore City.'' Acts, Secs. 300-322, 357 -362 363, 370. 372, 373, 374, 377, 378, 379, 380, 382, 387, 388, 389. pages 261-273, 282-284, 287-288, 289, 290, 292, 293, 294. COURT STENOGRAPHERS, See '‘'Stenographers of Courts. ' ' COURTS, Judges of Supreme Bench, additional salary. Ords., Art. 8, Sec. 1 716 Superintendent of Public Buildings, to have charge of buildings and offices of. Acts, Sec. 207 209 COURTS,— LAW COURTS OF BALTIMORE CITY, Acts, Secs. 300-322....261-273 — appeals from Justices of the Peace, trial of, costs in. Sec. 319 271 — appeals in condemnation proceedings to be heard by Baltimore City Court. Acts, Sec. 320 272 — proceedings, practice and procedure. Acts, Sec. 320 272 arrest of judgment, motions in. Acts, Sec. 300 261 bills of exception, when to be signed. Acts, Sec. 316 270 condemnation proceedings, city to have right of ap- peal therein. Acts, Sec. 320 272 declaration, when to be filed. Acts, Sec. 309 264 entry of appearance after summons. Acts, Sec. 307 263 COURTS.— (Cont’d). judgment by default, when entered. Acts, Sec. 308 264 naturalization cases, rules governing same. Acts, Sec. 321A 272-273 new trials, motions for. Acts, Sec. 300 261 paper book of evidence not required. Acts, Sec. 301 261 plea to declaration, when to be filed. Acts, Sec. 309 264 pleas, when to be filed. Acts, Sec. 308 263 postponement of cases. Acts, Sec. 311 265 practice upon execution of a writ returnable to a re- turn day. Acts, Sec. 306 263 registration and naturaliza- tion cases, two judges to hear and determine, sittings of court. Acts, Sec. 321 272 removed cases, assignment of same for trial. Acts, Sec. 322 273 — transmission of record. Acts, Sec. 322 273 return days. Acts, Sec. 303 262 revisory power of court, when exerciseable and its effect. Acts, Sec. 317 270-271 terms of courts. Acts, Sec. 302 261-262 thirty-day rule, definition of. Acts, Sec. 318 271 trial of suits. Acts, Sec. 310 265 — or judgment, when suits shall stand for. Acts. Sec. 310 265 COURT'S. CRIME. 1380 Page COURTS.— (Cont’d). writs, renewable until ex- ecuted. Acts, Sec. 305 263 renewal of. Acts, Sec. 305 262 when returnable. Acts, Sec. 304 262 Speedy Judgment Act . — Pleading and Practice Under, — admissions, when pre- sumed. Acts, Sec. 312 266 — affidavit to plaintiffs claim, by whom made, particu- lars of. Acts, Sec. 313 267-268 — bond, bill or account to be filed. Acts, Sec. 313 268 — certificate of counsel to accompany plea. Acts, Sec. 312 265 — counsel fee, when allowed to plaintiff. Acts, Sec. 315 269 — damages after judgment by default, assessment of. Acts, Sec. 314 269 — entry of judgment. Acts, Sec. 312 265 — judgment below court’s jurisdiction, practice. Acts, Sec. 312 266 — to be entered where part of claim is admitted. Acts, Sec. 312 266 — ^jury trial, motion to be in writing. Acts, Sec. 314 269 — pleas and affidavit, time of filing may be extend- ed. Acts, Sec. 312 266 — to be sworn to. Acts, Sec. 312 265 — portion of claim, practice when same is admitted. Acts, Sec. 312 265 COURTS OF BALTIMORE CITY, Acts Secs. 300-389.. -.261-294 witnesses, compensation of. Acts, Sec. 387 293 Page COWS AND CALVES IN MARKETS, driving unlawful, penalty. Ords., Art. 23, Sec. 33.... 929 sales of, charges on, where to sell, proviso. Ords., Art. 23, Sec. 39.. 931 COWS AND COW STABLES, See Health." Ords., Art. 14, Sec. 33- 55 806-812 COWS OR CATTLE IN STREETS, sales of, prohibited, penalty. Ords., Art. 23, Sec. 38.. 930 CRABS AND FISH, See '‘'‘Markets." where same may be sold at wholesale. Ords., Art. 23, Sec. 23.. 926 927 CRACKING WHIPS, See ‘ ‘ Vehicles. ’ ’ CREWS AND PASSENGERS, See "Health" and "Quaran- tine Hospital." Ords., Art.l4 Sec. 177.... 857 CRIERS AND BAILIFFS, salaries of, and when to be paid. Acts, Secs. 372-374 288 CRIMES AND PUNISH- MENTS, See "Justices of the Peace." fire apparatus, injury of, to be felony. Acts, Sec. 446 308 Mayor to offer reward in cer- tain crimes. Ords., Art. 1, Sec. 12.... 575 CRIMES. CRIMINAE COURT. 1381 Page CRIMINAL COURT.— (Cont’d). Page CRIMES, OFFENCES AND MISDEMEANORS, Criminal Court to have juris- diction in cases of. Acts, Sec. 330 276 penalties for certain crimes and misdemeanors. Acts. Secs. 761, 762....469-470 CRIMINAL COURT, Acts, Secs. 328-351, 367, 368, 370, 372, 373, 374, 379, 380, 382, 387, 388, 389 Pages— 275-281,286, 287, 288, 290, 292, 293, 294. absent witness, fine of. Acts, Sec. 346 279 appearence fee of traverser’s attorney. Acts, Sec. 342 279 vagrants may appeal from justice’s decision to. note 554 appellate jurisdiction only in cases of vagrancy. note 554 assistant counsel for State, appointment and compen- sation of. Acts, Sec. 350 281 bail, forfeiture of, attachment for contempt may issue. Acts, Sec. 347 280 binding out children of convicted persons, age limits. Acts, Sec. 345 279 Capias, — returnof by sheriff, indorse- ments thereon and re- issues. Acts, Sec. 333 277 — sheriff’s fees for return of. Acts, Sec. 334 277 commitments and recogniz- ances, Justices of the Peace to return same. Acts, Sec. 332 276 costs upon acquittal, when paid by prosecuting wit- Acts, Sec. 340 278 — recovery of. Acts, Sec. 341 278 fees to States Attorney, ad- ditional in extraordinary cases. Acts, Sec. 438 304 fines and costs, terms of im- prisonment for non-pay- ment. Acts, Sec. 443 306 Grand Jury, appointment of clerk to, by. Acts, Sec. 604 A 362 House of Good Shepherd, judges to visit and inspect. Acts, Sec. 518 332 imprisonment for non-pay- ment of fines and costs. Acts, Sec. 443 306 judge to order removal of, insane convicts to Bay View. Acts, Sec. §120a 163 j urisdiction — c rimes and offences triable in. Acts, Sec. 330 276 — in criminal cases. Acts, Sec. 444 307 petty larceny, penalty for. Acts, Sec. 331 276 presentment to bear name of prosecuting witness. Acts, Sec. 343 279 prosecution of offenders. Acts, Sec. 444 306 removed cases, fee of State’s Attorney. Acts, Sec. 349 280 sheriff’s returns — penalty for failure to make. Acts, Sec. 338 278 sessions of. Acts, Sec. 328 275 special sessions of. Acts, Sec. 329 276 DAMAGES, CRIMINAL OFFENCES. 1382 Page CRIMINAL COURT.— (Cont’d). subpoenas — renewal of by clerk. Acts, Sec. 337 278 — sheriff’s fee for serving. Acts, Sec. 336 277 — when returnable. Acts, Sec. 335.. 277 surrender of principal by security in recognizance. Acts, Sec. 344 279 witnesses before Grand Jury, how sworn. Acts, Sec. 339 278 — fees allowed. Acts, Sec. 387 293 CRIMINAL OFFENCES, See "‘Justices of the Peace.'’' fines, default in payment of. Acts, Sec. 444 307 CROSS STREETS, cost of paving under. Paving Commission, city to pay. Acts, Sec. §841q 543 expense of grading, paving, etc. Ords., Art. 35, Sec. 60.— 1112 grading, paving, etc., on application of owners, ex- pense of. Ords., Art. 35, Sec. 60....1112 paving by city required. Ords., Art. 35, Sec. 73.. 1118 CROSS STREET MARKET, provisions relating to. Ords., Art. 23, Secs. 75- 77 942 CROSSINGS OF RAIL- ROADS, street cars to stop at, penalty. Ords., Art. 30, Sec. 31....1026 CROSSINGS OF STREETS, cars of railroads not to ob- struct, penalty. Ords., Art. 30, Sec. 4....1017 Page CURBING STREETS, See "Grading Pavings etc^. Streets. ’ ’ Acts, Sec. 6 74 CURBSTONES, streets, etc., less than 20 feet wide. Ords., Art. 35, Sec. 58..1111 CURED MEATS, license for sale of, penalty. Ords., Art. 1, Sec. 16....1200 1201 DAIRIES, See "Health." Ords., Art. 14, Secs. 33- 55 806-812 sanitary and hygienic reg- ulations for. Ords., Art. 14, Secs. 40- 55 809-812 DAMAGES, See "City Collector f' "Con- demnation of Property f ’ "Sewers;" Streets^ Bridges and Highways" sub-title ‘ ‘ Opening Streets , ” and ‘ ‘ Water System . ’ ’ Burnt District Commission; assessments by. App. A, Secs. 8-28..1242-1257 Burnt District — caused by establishments and changes of grade in. App. A, Sec. 35 1262-1263 condemnation proceedings re- lating to water, in. Acts, Sec. 6 89 Grading Streets, See ‘ 'Streets, Bridges and Highways, ” sub-title ‘ ‘ Grades of Streets. ’ ’ investment of damages in cases of disability. Acts, Sec. 6 73 pawnbrokers liable to suits for. Ords., Art. 41, Sec. 34 1208-1209 DAMAGES, dead bodies. 1383 Page DAMAGES.— (Cont’d) . payment into court of, when assessed in opening, etc., streets. Acts, Sec. 827 521 Sewers, Opening, etc., — assignment of, when both damages and benefits assessed. Ords., Art. 33, Sec. 5....1062 — award of, basis of. Ords., Art. 33, Sec. 6..1063 — constructing, opening, etc. sewers. Acts, Sec. 818 504 — payment before work be- gun. Ords.,Art.33, Sec. 14..1070-1 Streets, — opening, closing, etc. , cia&C2)2>illCllt Ul. Acts, Sec. 175 191 — assignment of. Acts, Sec. 174 190 — certificate required from claimants as to taxes in arrear. Ords., Art. 38, Sec. 33..1168 — investment in city stock. Acts, Sec. 185 200 — list of property for which damages are assessed. Ords., Art. 38, Sec. 34..1168 — where portion only of lot is taken. Acts, Sec. 176 192 DAMAGES AND BENEFITS, opening, extending, widen- ing, etc. streets, etc. Acts, Sec. 6 72-73 — ^assessment of both to same person. Acts, Sec. 174 190 — rule in assessing; foot note. 190 DANCES, SOIREES AND MASK BALLS, See ‘ '‘Special Police Fund. ’ ’ DANGEROUS AND UN- HEALTHY SUBSTANCES, deposit in streets unlawful, penalty, proviso. Ords., Art. 25, Sec. 69.... 980 DATE OF PRIMARY ELEC-^^^^ TIONS, App. C, Sec. 1 1270 DAY, HOURS TO CONSTI- TUTE, See ‘ 'Hours of Labor. ’ ’ DAY LABOR ON CITY WORK, Paving Commission, employ- ment of. Acts, Sec. §841o 541 DEAD ANIMALS, removal of — from streets. Ords., Art. 36, Secs. 5,11 1142-1144 — penal tv. Ords., Art. 14, Sec. 95.. 826 DEAD BODIES, Anatomy Board — composition and duties of. Acts, Sec. 298 260 bodies infected with conta- gious disease; burial of. Ords., Art. 14, Sec. 194, 864 bond by physicians using; penalty for illegal traffic. Acts, Sec. 299 261 burial permits required. Ords., Art. 14, Sec. 184.. 860 burial within 4 days — from death required, proviso; penalt5^ Ords., Art. 14, Sec. 194 864 distribution of by Anatomy Board. Acts, Sec. 298 260 friends or relatives to receive bodies if claimed. Acts, Sec. 298 260 penalty in relation to dead bodies. Acts, Sec. 298 260 permits for conveyance of. Ords., Art. 14, Sec. 187.. 861 removal of, when contagious disease caused death. Ords., Art. 14, Sec. 16.... 801 DEAF AND DUMB. DEEDS AND EEASES. Page DEAF, DUMB AND BLIND, age limit for instruction of. Acts, Sec. 395 295 application for instruction. Acts, Sec. 395 295 — duty of Governor when ex- cessive. Acts, Sec. 396 296 — order of disposition of. Acts, Sec. 396 296 appropriations annually for. Acts, Sec. 397 296 — exhaustion of. Acts, Sec. 396 295 — maximum expenditure. Acts, Sec. 396-7 296 blind, cost and term of in- struction. Acts, Sec. 399 297 certificate of fitness of appli- cant for instruction. Acts, Sec. 395 295 — duty of Governor in rela- tion to. Acts, Sec. 396 295 fees for tuition, payment of. Acts, Sec. 396-9 296 Maryland Institute for Educa- tion of Deaf and Dumb to receive. Acts, Sec. 395 295 qualifications of applicant for instruction. Acts, Sec. 395-9 295-297 report by Governor of dis- bursements for. Acts, Sec. 400. 297 term of instruction. Acts, Sec. 396-9 295 transportation expenses of deaf and dumb. Acts, Sec. 396 296 DEALERS IN COAL, See "'Coal.^'’ DEATH CERTIFICATE, See "'‘Health." Ords., Art. 14, Sec. 181 858-859 Page from contagious diseases; certificates to be delivered at once. Ords., Art. 14, Sec. 182, 159-160 — of city officials; accounting for property by successor. Ords., A.rt. 21, Sec. 3..905-06 — of firemen; payment to wife or family, proviso. Ords., Art. 11, Sec. 11.... 739 DEBTS AGAINST CITY, See ""Claims against City," DEBTS OF POLICE, See " "Special Police Fund. ’ ’ DECISIONS OF COURT OF APPEALS, See " " Corporate Powers, ’ ’ DECLARATION, filing of plea to. Acts, Sec. 309 264 when to be filed. Sec. 309 264 DECREE IN PERSONAM, See ""Mortgages." DECREES, sale of mortgaged premises. Acts, Sec. 720 434 DEDICATED STREETS, acceptance of; foot note 74 declaration of dedication of certain streets to be public highways; proviso. Ords., Art. 35, Sec. 19..1097 streets in Annex. Ords., Art. 35, Sec. 19..1097 DEEDS, LEASES AND TRANSFERS, See " " Conveyances' ’ and ‘ ‘ City Solicitor. ’ ’ Assistant City Solicitor to ap- prove, form and legal suf- ficiencj'^ of. Ords., Art. 5, Sec. 1. 1384 DEATH, 695 DKPARTMKNTS. DEFACING MARKS. 1385 DEEDS, LEASES, Etc.— (Conf’d^^ Burnt District Commission to insert clause relating to signs and bill-boards. Ords., Art. 1, Sec. 4....572-573 City Collector, change in office of. Acts, Secs. §45a, §45b.... 124 City Solicitor to approve legal form of. Acts, Sec. 63 135 Mayor to renew leases on city fee simple or leasehold es- tates. Ords., Art. 1, Sec. 3 572 — to execute on behalf of city. Ords., Art. 1, Sec. 2 572 must conform with section 13 of City Charter when applicable. City Code 2, 3 572 property conveyed for street beds, plats to accompany. Acts, Sec. 193 202 — purchased at tax sales. Ords., Art. 38, Sec. 35 1168-1169 recording of deeds to city property. Ords., Art. 38, Sec. 36..1169 record to be kept by Comp- troller. Ords., Art. 1, Sec. 49.... 587 residue of lots taken in open- ing, etc. streets. Acts., Sec. 176 192 DEFACING MARKS OF IDENTIFICATION ON REVOLVERS, penalty for. Ords., Art. 25, Sec. 82 986 D^EFAULT BY MORT- GAGOR, See ^'Mortgages." not to effect right to decree. Acts, Sec. 731 439 DEFECTIVE BOILERS, See Steam Boilers.''' Page DEFECTIVE WATER PIPES, repair of by Water Board and private owners. Ords., Art. 40, Secs. 25, 26 1185-1186 when owners shall repair ; penalty. Ords., Art. 40, Sec. 26, 1186 DEFICIENCY IN SPECIAL POLICE FUND, See '‘'Special Police Fund." DEGREES, See ''‘Johns Hopkins Univer- sity. ' ' DELEGATES AND DELE- GATIONS, See ''Prhnary Elections." App. C, Sec. 1 1270-1272 DENSITY OF OILS, See ''Lamps and Lighting." minimum allowed ; penalty. Ords., Art. 20, Sec. 28.... 903 DEPARTMENT OF CHARI- TIES AND CORRECTIONS, See ''Charities and Correc- tions. ' ' DEPARTMENTAL ESTI- MATES, See ' 'Board of Estimates. ' ' Acts, Sec. 36 113 DEPARTMENTS OF THE CITY, annual reports of ; when to be made. Ords., Art. 1, Sec. 36 582 City Finance, — Board comprising head of. Acts, Sec. 32 110 — powers of Board of. Acts, Sec. 32 110 Legislative Reference, — composition of, head. Acts, Sec. 208A 210 — Executive Officer, duties of. DEPOSITORY BANKS. DEPUTY REGISTER. 1386 Page DEPARTMENTS OF— (Cont’d). Legislative Reference, — (Cont’d). — accumulate data on opera- tion of laws. Acts, Sec. 208B 210 — annual report. Acts, Sec. 208B 211 — collect and index informa- tion. Acts, Sec. 208B 211 — examine laws of other states and cities. Acts, Sec. 208B 210 — other duties. Acts, Sec. 208B 211 — prepare bills and ordi- nances. Acts, Sec. 208B 211 — report on proposed legis- lation when requested. Acts, Sec. 208B 211 — salary. Acts, Sec. 208C 211 — tenure of office. Acts, Sec. 208A 210 — expenses of Acts, Sec. 208C 211 — statistician t o , appoint- ment. Acts, Sec. 208A 210 Public Safety, — composition of Board Acts, Sec.68 136-137 water used in ; tax for payment for. Ords., Art. 41 67, 1220 DEPOSITORY BANKS FOR CITY’S FUNDS, selection of ; interest paya- ble by. Ords., Art. 6, Sec. 23 705-706 DEPOSITS IN BANKS, interest on city’s moneys. Ords., Art. 6, Sec. 23 705-706 DEPOSITS OF NIGHT SOIL, places for, selection by Com- missioner of Health; penalty. Ords., Art. 14, Sec. 154.. 843 suspension of, on com- plaint of neighboring parties. Ords., Art. 14, Sec. 155.. 844 Page DEPOSITS OR PLEDGES WITH PAWNBROKERS, See ‘ ''Pawnbrokers. ’ ’ DEPOTS AND PUBLIC PLACES. See ‘ ‘ Thieves and Pickpockets. ’ ’ DEPUTIES, ASSISTANTS, CLERKS AND SUB- ORDINATES, appointments and removal of. Acts, Sec. 28 107 DEPUTY CITY SOLICITOR, See ‘ ‘ City Solicitor. ’ ’ appointment of. Acts, Sec. 62 133 powers of, when acting as City Solicitor. Acts, Sec. 62 134 vacancy in office of City Solicitor ; Deputy City Solicitor to be City Solic- itor. Acts, Sec. 134 134 DEPUTY COMPTROLLER, See " Comptroller. appointment of, and salary. Acts, Sec. 34 Ill bond of. compensation of. Ords., Art. 6, Sec 16 703 DEPUTY REGISTER, See "City Register.'’' bond and oath of. Ords., Art. 6, Sec. 20.... 705 clerk to Board of Finance, salary as. Acts, Sec. 41 121 duties of. Ords., Art. 6, Sec. 20 ..704-705 sinking funds, to open ac- counts of. Ords., Art. 34, Sec. 18 ..1083 to act in absence of City Register. Ords., Art. 6, Sec. 21 — 705 DEPUTY SHERIFF. DISEASES. 1387 Page DEPUTY SHERIFF, See ''Sheriff." DESTROYING PROPERTY MALICIOUSLY, garments, wearing apparel, etc,, penalty. Acts, Sec. 401 297 goods, wares and merchan- dise ; penalty. Acts, Sec. 401 297 houses, fences, chattels, etc. police regulations. Ords., Art. 25, Sec. 59.... 977 DIES FOR LICENSE NUM- BERS, Collector of Water Rents and Licenses to provide. Ords., Art. 41, Sec. 78....1225 DIGGING UP STREETS, See ''Streets and City Engi- neer' 'and “ Water. ' ' permits for. Ords., Art. 35, Secs. 104- 109 1131-1134 powers and duties of Water Board. Ords., Art. 40, Secs. 23- 24 1184-1185 DIMENSIONS OF COW STABLES, See ‘ 'Health;' 'sub-title' 'Cows., Cow Stables and Dairies." Ords., Art. 14, Secs. 37, 38 and 40 806-809 DIPLOMAS, See ' 'Schools, ' ' sub-title ''Cer- tificates, Diplomas and Prizes. ' ' Ords., Art. 32, Secs. 11- 14 1047-1048 DIRT, LUMBER, ETC., IN STREETS, police regulations, Ords., Art. 25, Sec, 73.... 981 DISABILITY OF FIREMEN, pay during, proviso. Ords., Art. 11, Sec. 10.... 739 Page DISBURSEMENTS, City Register to keep record of. Ords., Art. 6, Sec. 23.... 706 DISBURSING OFFICIALS OF CITY, office hours on Tuesdays and Fridays. Ords., Art. 6, Sec. 30.... 709 and note 708-709 system adopted by. Ords., Art. 6, Sec. 29.... 708 and note 708-709 DISCHARGING FIRE-ARMS, penalty for, in city or on ves- sels in harbor. Ords., Art. 25, Sec. 83.... 986 DISCIPLINE OF POLICE, See ' 'Police Commissioners. ' ' DISCONTINUED GAS METERS, See ''Lamps and Lighting." re-inspection required before subsequent use, fee, pen- alty. Ords., Art. 20, Sec. 11.... 896 DISCOUNTS, See "City Collector" and ' ' Water Rents. ' ' Burnt District assessments ; early payment of. App. A, Sec. 37 1263 water rents and charges ; scale of. Ords., Art. 40, Sec. 5....1179 Sec. 6....1179 DISCOVERIES OF ASSESS- ABLE PROPERTY, Acts, Sec. 169 184 DISEASES, See' 'Health, ' ' sub-title ' 'In- fectious and Contagious Diseases.' ’ Acts, Sec. 6 53 communicable diseases de- fined. App. B, Sec. 1. .1265 DISINFECTION. DOCUMENTS, ETC. 1388 DISINFECTION OF PREM-^^^^ ISES AND CLOTHING, ^ee ‘ "‘Health\ ’ ’ sub-title ‘ '^In- fectious and Contagious Diseases. ’ ’ Ords., Art. 14, Secs, 15, 18 801-802 vacant premises to be disin- fected. Ords., Art. 14, Sec. 27 804 DISINFECTION OF VESSELS, expenses of, how paid. Ords., Art. 14, Sec. 170.. 853 DISORDERLY AND IDLE PERSONS, See ‘ ‘ Vagrants and Disorder- ly Persons. ’ ’ ejection from or arrest of in markets. Ords., Art. 23, Sec. 9.... 922 DISORDERLY CONDUCT OR DRUNKENNESS, treatment of persons charged with. Acts, Sec. 143 169 DISPENSARIES, See "Health.'"'' appropriations for. Acts, Sec. 105 158 receiving fines. {See' 'Fines and Forfeitures. ’ ’ ) vaccine virus to be supplied by ; provisions relating to. Ords., Art. 14, Sec. 30.. 805 water charges for. Ords., Art. 41, Secs. 58- 61 1219 DISPOSSESSION OF TEN- ANTS, See ' 'Landlord and Tenant. ’ ’ Acts, Sec. 853-864 550-553 DISTANCES BETWEEN VE- HICLES IN STREETS, See ' ' Vehicles. ’ ’ Page DISTRAINT, notice of, in tax sales. Acts, Sec. 43 123 DISTRIBUTION OF PRO- CEEDS OF SALES, See "Mortgages." DISTRICT ENGINEER OF FIRE DEPARTMENT, See "Fire Department.'"' act in absence of Chief ICn- gineer. Ords., Art. 11, Sec. 19.... 742 DISTRICT SUPERINTEN- DENTS OF LAMPLIGHT- ERS, See "Lamps and Lighting." Ords., Art. 20, Sec. 23.... 900-01 DISTRICT SUPERINTEN- DENT OF STREETS, See "Street Cleaning." Ords., Art. 36, Secs. 14- 16 1145-6 daily reports by, to Commis- sioner. Ords., Art. 36, Sec. 2.... 1140-41 DISTRICTS, See "Legislative Districts." keepers of standards of weights and measures. Ords., Art. 17, Sec. 4 877 DISTRICTS OF STREET CLEANERS, division of city into. Ords., Art. 36, Sec. 14.... 1145 DOCKAGE, See "Harbor, Docks and Wharves. ' ' Ords., Art. 13, Sec. 18.... 779, 780 DOCUMENTS AND OFFI- CIAL PAPERS, City Engineer’s Department, Ords., Art. 35, Sec. 4 1092 DOCKET ENTRIES. DRAINAGE. Page 1389 Page DOCKET ENTRIES AND PAPERS IN SUITS, See ‘ 'Mortgagees. ’ ’ to be evidence in suits pend- ing ; production by subpoena duces tecum at trials. Acts, Sec, 388 293-294 DOCKETS OF JUSTICES OF THE PEACE, disposition of upon death, resignation or removal. Acts, Sec. 648 387 DOCKS AND WHARVES, Burnt District Commission — additions and extensions to. App. A, Secs. 4-28..1237-1257 infected articles not to be landed at. Ords., Art. 14, Sec. 15.... 801 DOGS, claimed within forty- eight hours of capture ; fees charged. Ords., Art. 41, Sec. 23....1204 collars and license tags for. Ords., Art. 41, Sec. 20....1202 contract with city for destruc- tion of. Ords., Art. 41, Sec. 24....1204 dogs of non-residents except- ed. Ords., Art. 41, Sec. 21....1203 killing of dogs at large. Ords., Art. 41, Sec. 20....1202 license for. Ords., Art. 41, Secs. 20, 21 1202, 1203 — application for license ; in- formation to be given in. Ords., Art. 41, Sec. 21.... 1202, 1203 — provisions relating to. Ords., Art. 41, Secs. 20, 21 1202, 1203 — renewals of license. Ords., Art. 41, Sec. 21....1203 — tags for license numbers. Ords,, Art. 41, Sec. 21.... ..1202, 1203 DOGS.— (Cont’d). — when unnecessary { Ords., Art. 41, Sec. 21.... 1202, 1203 penalty for violation of pro- visions relating to. Ords., Art. 41, Sec. 22.... 1203-1204 poisoned meat, etc. , to destroy, penalty. Ords., Art. 41, Sec. 25.... 1204-1205 reclaiming of dogs seized, Ords., Art. 41, Sec. 23....1204 seizure and destruction of, authority for ; proviso. Ords., Art. 41, Sec. 24....1204 tags lost or stolen, Ords., Art. 41, Sec. 21....1203 disposition of dogs taken up ; penalty for owners ; recov- ery of dogs. Ords., Art. 25, Sec. 10.... 964 DOMESTIC USE OF WATER, rates for. Ords., Art. 41, Sec. 54.... 1216-17 DOVER STREET, vehicles ; stands for prohibit- ed. Ords., Art. 4, Sec. 33 691 DRAIN PIPES, See "Health.'^ Ords., Art. 14, Sec. 130.. 837 DRAINAGE. See "Health.'’' Ords., Art, 14, Secs. 94, 100 826, 827 building permits not to issue until provision made for. Ords., Art. 38, Sec. 21....1163 buildings to be provided with. Ords., Art. 14, Sec. 150.. 843 into city wells prohibited ; penalty. Ords,, Art. 14, Sec. 151.. 843 regulation of. Acts, Sec. 6. 68 DRAINAGE. MEASURES. 1390 Page DRAINAGE AND VENTILA- TION, See '‘"‘Sanitary Inspectors.'" DRAINAGE CONNECTIONS, See Sewers.'*' DRAINAGE UNDER SIDE- WALKS, See "‘Footways." Ords., Art. 35, Secs. 32, 36 inclusive 1102-1103 DRAINAGE IN ANNEX, provisions for costs of. Acts, Sec. §841h 534 DRAINERS FOR CELLARS, water charges for. Ords., Art. 41, Sec. 73....1223 DRAINING CELLARS, automatic drainers, water for free. Ords., Art. 41, Sec. 73....1223 DRAINS AND SEWERS, private construction of, per- mit for, application for per- mit. Ords., Art. 33, Sec. 24....1074 DRAYMEN, See ‘ ‘ Vehicles. ' ' DRAWBRIDGE AT CITY DOCK, vessels passing through, regu- lations, penalty. Ords., Art. 18, Sec. 5 890 DRAYS, power to license. Acts, Sec. 6 47 — to regulate. Acts, Sec. 6 47 DRAYS IN STREETS, See ‘ ‘ Vehicles. ' ' DRINKING FOUNTAINS, construction of. Ords., Art. 40, Sec. 15....1182 erection of to replace pumps. Ords., Art. 40, Sec. 14....1182 Page DRIVERS OF HACKNEY CARRIAGES, See "‘'HcLckney Carriages." DRIVERS OF VEHICLES, See ‘ ‘ Vehicles. ’ ’ DRIVING AND RIDING REGULATIONS, See ‘ ‘ Vehicles. ’ ’ DRIVING CATTLE, SHEEP AND HOGS THROUGH STREETS, See' ‘ Cattle, Sheep and Swine, ' ’ — driving through Streets. ' ' Ords., Art. 25, Secs. 11- 31 964-69 DRIVING OVER FIRE HOSE IN USE, penalty, proviso. Ords., Art. 11, Sec. 49.... 753 DROVES OF CATTLE, ETC., IN STREETS, maximum number permitted, number of drivers required. Ords., Art. 25, Secs. 16- 18 965-6 DRUGGISTS AND APOTHE- CARIES, liquors, sale of. {See "Licenses."^ Acts, Sec. 683 417 DRUNK AND DISORDERLY PERSONS, penalty prescribed. Acts, Sec. 761 469 DRUNKARDS, See ‘ 'Liquor Licenses. ' ' DRY, LONG AND LIQUID MEASURES, annual inspection of. Ords., Art. 17, Sec. 17.... 882 DUMPS. ELECTIONS. Page 1391 Page DUMPS FOR OYSTER SHELLS, prohibited without permit from Commissioner of Health. Ords., Art. 14, Sec. 119.. 832 DUTIES— AUCTION, See ‘ 'A uctio7ieers, ’ ’ DWELLING HOUSES, water rents for. Ords., Art. 41, Sec. 54 ... 1216, 1217 DWELLINGS ON LOW, DAMP, ETC., GROUND, construction, ventilation. Ords., Art. 3, Sec. 22 607 DYNAMITE, ETC., manufacture prohibited, pen- alty. Ords., Art. 11, Sec. 69.... 759 EARNINGS OF PRISONERS IN JAIL, allowance on discharge. Acts, Sec. 124 164 EARTHEN AND STONE- WARE MANUFACTORIES, operation of prohibited; pen- alty. Ords., Art. 14, Sec. 69 818 EASEMENTS IN STREETS, See ‘ '‘Franchises. ’ ’ EASEMENTS, PUBLIC, See titles relating to "Grants and Franchises. ’ ’ EASTERN AVENUE, locomotives to be used on, Ords., Art. 30, Sec. 13....1019 EDUCATION, See " Schools. city may receive funds in trust for. Acts, Sec. 2 EDUCATION AT McDONOGH INSTITUTE, support and maintenance of school farm and institute. Ords., Art. 22, Sec.^6..910-ll EDUCATION, DEPART- MENT OF, Board of School Commission- ers to be its head. Acts, Sec. 99 152 composition of. Acts, Sec 109 EFFECT OF CODE, contract obligation unaffected. Ords., Sec. 1 1229 laws and ordinances em- braced in, status of tempo- rary ordinances. Ords., Sec. 2 1230 revocable rights not to become vested. Ords., Sec. 1 1229 suits, pending, not affected. Ords., Sec. 1 1229 taxes previously levied not affected. vested rights not impaired. Ords., Sec. 1 1229 EGRESS FROM BUILDINGS, obstruction of, when pro- hibited and penalized. Acts, Sec. 280 252 ELECTION DAY, for spring primaries for Mayor, etc. App. C, Sec. 2 1275 ELECTION OF JUDGES, Acts, Sec. 326 274-275 and note 275 ELECTION RETURNS, See "Police Commissioners." ELECTIONS, City Council, Second Branch. Acts, Sec. 213 213 Comptroller, election of. Acts, Sec. 33 110 42 ELKCTIONS. electrical. 1392 Page ELECTIONS.— (Cont’d). employes of Fire Department not to act as officers of. Ords., Art. 11, Sec. 4.... 737 Mayor when to be elected. Acts, Sec. 16 100 President Second Branch City Council. Acts, Sec. 214 213 qualifications of voters. Acts, Sec. 16 100 ELECTIONS, PRIMARY, See '‘"Primary Elections ' App. C, Secs. 1-3....1269-1277 ELECTRIC LAMPS, location of. Ords., Art. 20, Sec. 22.... 900 ELECTRIC LIGHT AND OTHER POLES, permits for planting. Ords., Art. 35, Sec. 105, 106 1132-1133 ELECTRIC WIRES UNDER- GROUND, See ""Electrical Commission and Subways. ’ ’ Ords., Art. 9, Secs. 6-11, 719-722 ELECTRICAL COMMISSION AND SUBWAYS, Chesapeake and Potomac Telephone Company, — agreement of payment for privileges granted, ap- proval of, security, rate. Ords., Art. 9, Sec. 21.. 726 — annual minimum payment for privileges. Ords., Art. 9, Sec. 21.. 726 — authority to lay conduits in streets. Ords., Art. 9, Sec. 19..724-5 — bond for performance of obligations. Ords., Art. 9, Sec. 23.. 727 — City Engineer to supervise replacement of paving. Ords., Art. 9, Sec. 21.... 726 Page ELECTRICAL, Etc.— (Cont’d). C. & P. Teleph’e, Etc. — (Cont’d) . — compensation to city for rights granted. Ords., Art. 9, Sec. 21.. 726 — condition of grant of priv- ileges. Ords., Art. 9, Sec. 20.. 725 — construction requirements for conduits and man- holes. Ords., Art. 9, Sec. 19.. 725 — distribution poles, use of. Ords.. Art. 9, Sec. 20.. 725 — Electrical Commission to supervise construction. Ords., Art. 9, Sec. 21.. 726 — exclusive rights not granted Ords., Art. 9, Sec. 20.. 725 — fire alarm wires, to provide free space for. Ords., Art. 9, Sec. 22.... 727 — house connections, author- ity to make. Ords., Art. 9, Sec. 19.. 725 — joint user of privileges sep- arately granted. Ords., Art. 9, Sec. 19.. 725 — manholes, authority to con- struct. Ords., Art. 9, Sec. 19.. 725 — note, list of ordinances on distribution of electricity and gas. Ords., Art. 9 727-8 — ordinance 41 to remain un- affected. Ords., Art. 9, Sec. 24.. 727 — payment for grant of privileges. Ords., Art. 9, Sec. 21.. 726 — paving, City Engineer to supervise replacement. Ords., Art. 9, Sec. 21.. 726 — plans of construction to be filed with Electrical Commission. Ords., Art. 9, Sec. 21.. 726 — poles, removal of. Ords., Art. 9, Sec. 20.. 725 — police patrol wires, provide space for, free. Ords., Art. 9, Sec. 22.. 727 — provisions of ordinance 41 remain unaffected. Ords., Art. 9, Sec. 24.. 727 — space for fire alarm and police patrol wires, to provide free. Ords., Art. 9, Sec. 22.. 727 ELECTRICAIv. eeectricae. 1393 Page ELECTRICAL, Etc.— (Cont’d). C. & P. Teleph’e, Etc.— (Cont’d). — timelimit for construction. Ords., Art. 9, Sec. 20.. 725 — telephone conduits, con- struction of. Ords., Art. 9, Sec. 19.. 725 Electrical Commission of Baltimore, See '"Stocks, Loans and Fi- nance. ’ ’ Acts, Sec. §826a 519 — advertise for proposals for construction. Ords., Art. 9, Sec. 5.... 719 — appointment and duties of. Acts, Sec. 6 81 — authority and powers. Ords., Art. 9, Sec. 1.... 718 — Chief Engineer, salaries, duties, qualifications. Ords., Art. 9, Sec. 2.... 718 — composition of Commis- sion. Ords., Art. 9, Sec. 1.... 718 — conduits, construct gen- eral system of. Ords., Art. 9, Sec. 1.... 718 — contracts to be in accord- ance with plans of Commission. Ords., Art. 9, vSec. 5.... 719 — labor, employment of reg- istered voters only, ords.. Art. 9, Sec. 4.... 719 — materials, purchase of. Ords., Art. 9, Sec. 4.... 719 — notes, cases cited 718 — plans and specifications, contracts to conform to. Ords., Art. 9, vSec. 5.... 719 — proposals, to advertise for. Ords., Art. 9, Sec. 5.... 719 — salary of Chief Engineer. Ords., Art. 9, Sec. 2 ... 718 — specifications and plans for bids. Ords., Art. 9, Sec. 5.... 719 — subordinates, employment of. Ords., Art. 9, Sec. 3.... 718 — trolley wires, excepted. Ords., Art. 9, vSec. 1.... 718 — voters only, to be em- ployed as laborers. Ords., Art. 9, Sec. 4.... 719 — wires to be placed under- ground. Ords., Art. 9, Sec. 1.... 718 Page ELECTRICAL, Etc.— (Cont’d). Powers of Electrical Commis- sion and use of Subways, — applications for space in conduits. Ords., Art. 9, Sec. 7.... 720 — authority and powers de- fined. Ords., Art. 9, Sec. 6. .719-20 — compliance with conditions of rental required. Ords., Art. 9, Sec. 7.... 720 — drawings, etc., of wires in streets, etc., owners to furnish, penalty. Ords., Art. 9, Sec. 11.. 721 — failure to comply with orders of Commission, penalty. Ords., Art. 9, Sec. 9.... 721 — notice to owners to fur- nish data of wires in streets, etc., penalty. Ords., Art. 9, Sec. 11.. 721 — place wires underground. Ords., Art. 9, Sec. 9.... 721 — remove poles. Ords., Art. 9, Sec. 10.. 721 — overhead wires to be placed underground on order of Commission. Ords., Art. 9, Sec. 8 .... 720 — owners to place wires un- derground, penalty. Ords., Art. 9, Sec. 9.... 721 — penalty for neglect of owners to furnish data of wires. Ords., Art. 9, Sec. 11.. 722 — poles, removal by Com- mission on neglect' of owners. Ords., Art. 9, Sec. 10.. 721 — renting space in conduits, provisions, proviso. Ords., Art. 9, Sec. 7.... 720 — summary methods in exer- cise of. Ords., Art. 9, Sec. 6 .... 720 — time limit for compliance with orders of Commis- sion. Ords., Art. 9, Sec. 9.... 721 — removal of poles. Ords., Art. 9, Sec. 10.. 721 — trolley wires, exemption of. Ords., Art. 9, Sec. 6 .... 720 ELECTRICAI,, EEEVATORS. 1394 Page ELECTRICAL, Etc.— (Cont’d). Rentals, Rules and Regula- tions Relating to Duct Space, — arrears for rent, removal of wires at expenss of lessee. Ords., Art. 9, Sec. 14. 723 — authority to fix rents of ducts. Ords., Art. 9, Sec. 12.. 722 — bond from users of duct space. Ords., Art. 9. Sec. 16.. 723 — City Register, payment of collections to. Ords., Art. 9, Sec. 15.. 723 — collection of rentals of ducts. Ords., Art. 9, Sec. 14.. 723 — Comptroller, monthly statement of collections to. Ords., Art. 9, Sec. 15.. 723 — conditions, rules, etc , of use of ducts. Ords., Art. 9, Sec. 12.. 722 — duct space rates of rental. Ords., Art. 9, Sec. 13.... 722 — lessees of space to give bond. Ords., Art. 9, Sec. 16.. 723 — in arrears, removal of wires, proviso. Ords., Art. 9, Sec. 14.... 723 — monthly statement of col- lections. Ords., Art. 9, Sec. 15.. 723 — notice in advance of rental due, to users of space. Ords., Art. 9, Sec. 14.. 723 — rates of rental of ducts. Ords., Art. 9, Sec. 13.. 722 — rental of ducts, payment, conditions, etc. Ords., Art. 9, Sec. 12.. 722 — scale of rentals for con- duits. Ords., Art. 9, Sec. 13.. 722 ELECTRICAL COMMISSION AND SUBWAYS, Unlawful Tampering with Sub- way System, — conduits, opening, etc., without permit unlaw- ful. Ords., Art. 9, Sec. 17.... 724 Page ELECTRICAL, Etc.— (Cont’d). Unlawful Tampering with Sub- way System, — (Cont’d). — fines and imprisonment for. Ords., Art. 9, Sec. 18.... 724 — manholes, permit to open required. Ords., Art. 9, Sec. 17.... 724 — penalty for tampering with, manholes or conduits. Ords., Art. 9, Sec. 18.... 724 — permit for opening man- holes, etc. Ords., Art. 9, Sec. 17.... 724 — rules and regulations gov- erning use of conduits. Ords., Art. 9, Sec. 17... 724 Fines And Penalties. — recovery of and payment to Comptroller. Ords., Art. 9, Sec. 25.... 727 ELECTIONS, See '‘'‘City Council and '^'Pri- mary Elections. ’ ’ City Council, first branch. Acts, Sec. 212 213 ELECTRIC LIGHT POLES AND WIRES, See '"'‘Electrical Commission and Subways;'' ’ ‘ '"Poles, etc. ’ ’ and ‘ ‘ Wires and Wiring . ’ ’ ELECTRICIANS, See ‘ 'Licenses;' ’ ‘ 'Inspector of Buildings f sub- title, "Electrical Apparatus and Wiring, ’ 'and ‘ 'Installation of Electrical A pparatus and Wiring. ' ' ELECTRICAL WIRING. See "'Licenses;'' "Inspector of Buildings, ” s ub - tit le "Electrical Apparatus and Wiring,'' "Installation of Electrical A pparatus and Wiring. ' ' ELEVATORS, HOISTS AND LIFTS, See "Buildings," "Eleva- tors." Ords., Art. 3, Secs. 55- 74 618-626 water charges for hydraulic. Ords., Art. 41, Sec. 57....1219 EMPLOYES. ERRORS IN TAX. 1395 EMPLOYES, In Public Buildings, Page — salaries, regulations for, substitutes, absence of. Ords,, Art, 28, Secs. 2- 5 1005-1006 Of Fire Department, — appointment of. Ords., Art. 11, Sec. 4.... 737 — manual force of. Ords., Art. 11, Sec. 2.... 736 Of Markets, — salaries and duties. Ords., Art. 23, Sec. 2....918 919 of Quarantine Hospital. Ords., Art. 14, Sec. 160 846 847 EMPLOYES AND SUBORD- INATES, appointment and removal of. Acts, Sec. 28 107 EMPLOYMENT UNDER CITY, members of City Council not to hold other. Ords., Art. 1, Sec. 18.... 577 ENCLOSURES IN STREETS, construction of, by builders, police regulations. Ords., Art. 25, Sec. 74.... 982 Page ENOCH PRATT FREE LI- BRARY, See ''‘Pratt Free Library P Ords., Art. 26, Secs. 1-5 998 1001 ENTERING DOCKS, provisions relating to, Ords., Art. 13, Sec. 33.... 785 ENTERING JAIL, penalty for entering without license. Acts, Sec. 136 167 ENTERING UP JUDGMENT, authority of clerk. note 264 ENTICING PURCHASERS FROM STORES, penalty for. Ords., Art. 25, Sec. 94.... 989 ENTRY OF APPEARANCE, appearance to be entered after summons. Acts, Sec. 307 263 ENTRY OF JUDGMENT, See "Courts — Law Courts oj Baltimore City." ENOCH PRATT FREE LIB- RARY, ENGINE HOUSES, LAMPS IN FRONT OF, Superintendent of Lamps and Lighting, to light. Ords., Art. 11, Sec. 43.... 751 ENGINEERS, BOARD OF EXAMINING, See "Examining Engi- neers." ENGINES, STEAM, GAS, GASOLINE AND MACHIN- ERY, See "‘Inspector of Build- ings;' ’ sub-title' 'Steam, Gas and Gasoline Engines and Machinery. ’ ’ Ords., Art. — Secs. 138-149 652-657 See "Ptatt Free Library." ERECTION OF STEAM BOILERS, permission of city required. Acts, Sec. 585 354 ERRONEOUS ASSESS- MENTS, See "Appeals from Assess-- ments" and "Appeal Tax Court. ’ ’ Acts, Sec. 170 186 ERRORS IN TAX ASSESS- MENTS, refund for. Ords., Art. 38, Sec. 5....1156 1157 ESCAPED PROPERTY. 1396 EXAMINER OF TITEES. ESCAPED PROPERTY, Page EUTAW SQUARE, Page See '‘'‘Assessments of Prop- erty. ’ ’ 188 extension of parking on. Acts, Sec. 6 70 EVIDENCE, ESPLANADES, B O U L E - YARDS, ETC, condemnation of property for. Acts, Sec. 6 49 condemnation proceedings. Acts, Sec. 6 49 — appeals in. Acts, Sec. 6 49 — notice, etc. Acts, Sec. 6 49 — purposes for which they may be instituted. Acts, Sec. 6 49 ESTIMATES FOR ANNUAL APPROPRIATIONS, See "‘Board of Estimates. Acts, Sec. 36 115 docket entries and original papers sufficient in pending suits. Acts. Sec. 388 293-294 Master Electrician’s license as. Acts, Sec. §663g 403 ordinances, printed volumes of, as. Acts, Sec. 219 216 proceedings in sewer open- ings, virtue as. Ords., Art. 33, Sec. 9....1068 EVIDENCE OF CLAIM, See " Courts— Law Courts of Baltimore CityP sub-title ‘ 'Speedy Judgment Act. ’ ’ ESTIMATES FOR NEW IMPROVEMENTS, See "Board of Estimates.''' Acts, Sec. 36 114 ESTABLISHMENT OF GRADE LINES, See "Streets a?id City Engi- neer f "Streets., Bridges and Highways'''' and "Sur- veyor. ’ ’ general powers of city. Acts, Sec. 6 74 EUTAW PLACE, conditions of acceptance of bed of by city. Acts, Sec. 836 527 tracks on bed of prohibited. Acts, Sec. 836 527 — cross streets not prohibited. Acts, Sec. 837 527 EUTAW PLACE, EXTEND- ED, car tracks on, prohibited, proviso. Acts, Secs. 836-837 EXAMINATION OF BOILERS, See "Steam Boilers.'''' EXAMINATION OF CANDI- DATES FOR FIREMEN, See ‘ 'Fire Department ^ ’ ’ "Examining Board of.'''' Ords., Art. 11, Sec. 21 744 EX AMININ ATION OF TITLES, See "City Solicitor ” Acts, Sec. 62 134 Ords., Art. 5, Secs. 1-3 695 696 EXAMINATIONS, candidates for teachers. Acts, Sec. 101 155 EXAMINATIONS FOR POLICE, See "Police Examiners.''' EXAMINER OF TITLES, See ' ' City Solicitor. ’ ’ assistant City Solicitor to act Ords., Art. 5, Secs. 1-3 695 696 527 EXECUTIONS. EXAMINING ENGINEERS. 1397 Page EXAMINING ENGINEERS, Board Of Examining Engi- neers, — accounts of. Acts, Sec. 430 301 — appointment. Acts, Sec. 426 298 — authority and powers. Acts, Sec. 429 301 — bond. Acts, Sec. 426 298 — certificate book. Acts, Sec. 430 301 — certificate framed and dis- played. Acts, Sec. 428 300 — certificate of proficiency. Acts, Sec. 427 298 — certificates, grades of. Acts, Sec. 427 299 — charges against Engi- neers. Acts, Sec. 428 300 — clerk to board, salary. Acts, Sec. 429 301 — Comptroller of State Treasury to inspect cer- tificate book, accounting to. Acts, Sec. 430 301 — duties of Board. Acts, Sec. 427 298 — Engineers must liave cer- tificates. Acts, Sec. 428 299 — examination of applicants. Acts, Sec. 429 300 — examinations, advertise- ment of. Acts, Sec. 426 298 — exemptions. Acts, Sec. 428 299 — expenses, vouchers for. Acts, Sec. 430 301 — excess of fees over ex- penses. Acts. Sec. 430 301 — fees for certificates and renewals. Acts, Sec. 427 298 — fees in lieu of appropria- tion. Acts, Sec. 430 301 — first grade certificate. Acts, Sec. 427 299 — inspection of plants. Acts, Sec. 429 300 — locomotives, etc., engi- neers, exemption of. Acts, Sec. 428 300 EXAMINING ENG’R.— (Cont’d).^^ Board Of Examining Engi- neers. — (Cont’d). — meetings of Board. Acts, Sec. 429 300 — note 299 — notice of holding examina- tions. Acts, Sec. 426 298 — oath of office. Acts, Sec. 426 298 — office. Acts, Sec. 426 298 — penalty for neglect to get certificate. Acts, Sec. 428 300 — penalty for obstructing Board. Acts, Sec. 429 301 — qualifications for Board. Acts, Sec. 426 298 — quarterly accounts. Acts, Sec. 430 301 — renewal of certificates. Acts, Sec. 427 298 — salaries. Acts, Sec. 430 301 — Secretary, salary. Acts, Sec. 430 301 — State Board of Boiler In- spectors, report to. Acts, Sec. 429 300 — stationary engineers all require certificates. Acts, Sec. 428 299 — substitute engineers. Acts, Sec 427 299 — term of certificate, proviso. Acts, Sec. 427 299 — third grade certificate. Acts, Sec. 427 299 EXCHANGE, BILLS OF, See ‘ ^ Bills of Exchange and Promissory Notes." EXCHANGE STABLES, regulations for cows in. Ords., Art. 14, Sec. 38.... 808 EXECUTIONS, See "Mortgages." "Special Police Fund." bail recognizance, forfeiture of. Acts, Sec. §278e 248 issue of for officer’s fees. Actc, Sec. 384 292 officers for whose fees sheriff may execute. Acts, Sec. 385 292-293 EXECUTION, WRIT OF. 1398 EXTENSION OF GRANT. Page EXECUTION, WRIT OF, when J, P. shall issue. Acts, Sec. 626 377 EXECUTIVE DEPART- MENTS, wherein vested. Acts, Sec. 31 109-110 executive power, wherein vested. Acts, Sec. 31 108 list of. 109 Mayor’s chief Executive offi- cer. Acts, Sec. 31 108 EXECUTORS AND ADMIN- ISTRATORS, assessment of property in hands of. Acts, Sec. 168 183 EXEMPTION FROM CIVIL PROCESS, note 263 EXEMPTIONS FROM TAX- ATION, manufacturing tools, etc. Ords., Art. 38, Secs. 7- 9 1157-1159 property exempted. Acts, Sec. 6 84 EXITS OF BUILDINGS, when to be kept open, reg- ulation of, penalty. Acts, Sec. 280 252 EXPECTORATION, See ‘ ‘ Health '‘''and “ Nui- sances.'' Ords., Art. 14, Sec. 101.. 828 EXPENSES, Burnt District Commission, appropriations for. App. A, Sec. 29 1257-1258 payment of. App. A, Sec, 22 1253-1254 Page EXPENSES, City Council — {See ^'‘City Council . ' ' ) city government, levy for ex- penses of. Acts, Sec. 6 84 communicable diseases, pre- cautionary measures. App. B, Sec. 5 1268 grading, paving, etc. , assess- ments for, deficit and ex- cess of. Ords.. Art. 35, Secs. 99, 100 1130 police department. Acts, Sec. 747 459 primary elections, cost of. App. C. Sec. 1 1272 removal of nuisances — col- lection of expenses. Ords., Art. 14, Sec. 89.... 824 — sale of property to. Ords., Art. 14, Sec. 90.... 824 825 sewers — assessment of ex- penses. Ords., Art. 33, Sec. 6....1063 EXPLOSIVES, ETC. manufacture^prohibited, pen- alty. Ords., Art. 11, Sec. 69.... 759 storage of — tin sign on build- ing required. Ords., Art. 11, Sec. 71.... 760 transportation and storage of, permit for, penalty. Ords., Art. 11, Sec. 70.... 759 EXPOSING MUSEUMS OF ANATOMY. penalty, police regulations. Ords., Art. 25, Sec. 62.... 977 978 EXPRESS WAGONS, See ** Vehicles." EXTENSIONS OF GRANTS AND FRANCHISES, See "Franchises." Acts, Sec. 12.. 97 FEES. EXTENSION OF WHARVES. 1399 Page EXTENSION OF WHARVES, prohibited without permit, penalty. Ords., Art. 13, Sec. 11.... 776 EXTRA COMPENSATION, See ^''Justices of the Peace-f ‘ ^Police Commissioners . ’ ’ contractors with city not to be granted or allowed, excep- tion where loss to contrac- tor is caused by city or its agents. Ords., Art. 1, Sec. 41.... 584 not to be granted to officers or agents of city, exception when duties are increased. Ords., Art. 1, Sec. 40.... 584 EXTORTIONATE CHARGES, See ‘ 'Hackney Carriages and Coaches. ’ ’ FALSE ALARM OF FIRE, See ‘ 'Fire Department. ’ ’ penalty for. Ords., Art. 11, Sec. 50.... 753 754 reward for persons giving. Ords., Art. 11, Sec. 51.... 754 FALSE WEIGHTS A N D MEASURES, seizure and sale of. Ords., Art. 17, Sec. 21.... 883 FAMILIES OF POLICEMEN, See "Police Commissioners." FANCY BALLS, licenses for; cost of licences. Ords., Art. 41, Sec. 12....1199 FARES ON STREET RAIL- WAYS, See "Railroads and Rail- ways. ’ ’ Page FARM PRODUCTS, See "Peas and Beans" and ' 'Barrels. ’ ’ exempt from licenses, when sold by farmers. Ords., Art. 41, Sec. 14 1200-1201 FARM SCHOOL, Mc- DONOGH INSTITUTE, investment of funds of. Ords., Art. 22, Sec. 5.... 910 FARMERS, sale of meat in markets by permitted; proviso. Ords., Art. 23, Sec. 29.... 928 — produce by. Ords., Art. 23, Sec. 24.. 927 FARMERS IN MARKETS, sales by, {See "Markets."') FAYETTE STREET, vehicles; stands for prohibit- ed. Ords., Art. 4, Sec. 39 693 FEE SIMPLE INTEREST, distinguished from leasehold in sewer condemnations. Ords., Art. 33, Sec. 17..1071 FEES, additional, to State’s Attorney in extraordinary cases. Acts, Sec. 438 304 attachment, arrest, etc., {See "Sheriff.") city not to pay fees to any Justice of the Peace, police officer or constable. Acts, Sec. 639 383 City Register — collection of and accounting by. Ords., Art. 6, Sec. 27.... 707 distraint or execution for; notice of distress or execu- tion to be given. Acts, Sec. 386 293 examining engineers, dispo- sition of. Acts, Sec. 430. 301 FKES. FERRIES. 1400 Page FEES. — (Cont’d) . Harbor Master’s, from foreign vessels, {See '‘'Harbor^ Docks and Wharves.^''') 313 inspections, etc. {See ‘ '‘Steam Boilers. ’ ’ ) keepers of standards of weights and measures; com- pensation of. Ords., Art. 17, Sec. 16.... 881 Licenses, carriage, etc., licenses. Ords., Art. 41, Sec. 80..1226 — market stalls, charge for. Ords., Art. 23, Sec. 17.... 924 removed cases, fee of State’s Attorney. Acts, Sec. 349 280 Sheriff may execute for. Acts, Secs. 384, 385....292-293 Superintendent of Lamps and Lighting to pay to Comp- troller. Acts, Sec. 204 208 Tuition, ■See ‘ '‘Schools' ’ sub-title ‘ ‘ Tui- tion. Ords., Art. 32. Secs. 33-34 1054-6 Warden of Jail to account for. Acts, Sec. 133 166 FELLS POINT MARKET, See '‘'‘Markets." Ords., Art. 23, Sec. 27.... 928 provisions relating to. Ords., Art. 23, Secs. 78-85 942-944 FELONIES AND MISDE- MEANORS, bail in. Acts, Sec. §278h 249 Fire Department, injury to apparatus of. Acts, Sec. 446 308 FEMALE HOUSE OF REFUGE, See '‘'’Houses of Refuge and Reformation. ’ ’ Page FEMALE NOTARIES PUB- LIC, See ‘ 'Notaries Public. ’ ’ FENDERS ON CARS, passenger railways to provide. Acts, Sec. 6 66 FERRIES, Broadway and Locust Point Steam Ferry Company, — agricultural products, landing of. Acts, Sec. 431 302 — boats, requirements for, schedule of. Acts, Sec. 435 303 — boats, landing for. Acts, Sec. 432 302 — Broadway, wharf at foot of, erect gates, etc. Acts, Sec. 434 303 — buildings, authority to erect. Acts, Sec. 431 302 — charges, tariff of. Acts, Sec. 436 303 — “county” wharf, use of. Acts, Sec. 431 302 — fare, rates of. Acts, Sec. 436 303 — firemen on duty pass free. Acts, Sec. 437 304 — fruits, landing of. Acts, Sec. 431 302 — funerals pass free. Acts, Sec. 437 304 — gates and ticket houses, erect. Acts, Sec. 434 303 — Haubert street wharf ex- clusive use. Acts, Sec. 432 302 — hold, lease, rent, sell, etc., land. Acts, Sec. 431 302 — incorporation of. Acts, Sec. 431 302 — policemen pass free. Acts, Sec. 437 304 —powers. Acts, Sec. 431 302 — rates of fare. Acts, Sec. 436 303 — right of way at wharves. Acts, Sec. 431 302 — schedule of runs of boats, proviso. Acts, Sec. 435 303 FERRY BOATS. 1401 FINES AND FORFEITURES. Page FERRIES.— (Cont’d). Broadway and Locust Point Steam Ferry Co., — (Cont’d). — tariff of charges. Acts, Sec. 436 •. 303 — ticket houses and gates, erection of. Acts, Sec. 434 303 — vegetables, landing of. Acts, Sec. 431 302 — wharves, erection of. Acts, Sec. 431 302 — wharves, penalty for use by others. Acts, Sec. 433 303 FERRY BOATS, See ‘ ‘ Thieves and Pickpock- ets. ’ ’ FINANCE, See '^^Commissioners of Fi- nance" and "Stocks, Loans and Finance. ’ ’ board of— (.SI?*? Board of Fi- nance.''^ department of — (^See "City Collector" and "Commis- sioners of Finance. ’ ’ ) City Collector, head of fifth sub-department of. Acts, Sec. 42 122 composition of Acts, Sec. 32.... 109 officials constituting same. Acts, Sec. 32 110 FINANCE, STOCKS LOANS AND, See "Stocks, Loans and Fi- nance. ’ ’ FINES AND IMPRISON- MENTS, limits of, defined. Acts, Sec. 6 94 FINES, FORFEITURES AND PENALTIES, See under particular heads re- lating to the various offi- cials, departments and mat- ters of mu7iicipal interest. absent members of City Coun- cil; collection of fines from. Ords., Art. 1, Sec. 15. .. 576 Page FINES, Etc.-(Cont’d). action for recovery, any city officer to bring. Ords., Art. 10, Sec. 1.... 729 aliens, landing within fifty miles of city. Acts, Sec. 525 335 ambulances, obstructing or hindering. Ords., Art. 16, Sec. 15.... 873 arrest of offenders. Acts, Sec. 444 306 assault and battery. Acts, Sec. 229 231 assaulting firemen, penalty. Acts, Sec. 447 308 blasting without permit. Ords., Art. 11, Sec. 73.... 760 Board of Park Commissioners, power to impose. Acts, Sec. 92 149 city receives one-half. Acts, Sec. 438 304 costs of prosecution not to be remitted. Ords., Art. 6, Sec. 6 730 criminal offence defined. Acts. Sec. 444.... 306 destroying property mali- ciously. Acts, Sec. 491 297 dispensaries to receive fines — from keepers of houses of ill -fame. Acts, Sec. 439 305 — requirements for. Acts, Sec. 440 305 — to report number of pa- tients, etc. Acts, Sec. 440 305 driving cattle, etc. , in streets, police regulations. Ords., Art. 25, Secs. 11-31 964-69 fees for recovery of forbidden. Acts, Sec. 639 384 firearms and pistols, police regulattons. Ords., Art. 25, Secs. 78-85 985-7 FINES AND FORFEITURES. 1402 FINES AND FORFEITURES. Page FINES, Etc.— (Confd). fish, sales under weight. Acts, Sec. 457 311 gasoline, fire precautions, violations. Ords., Art. 11, Sec. 79.... 764 gunpowder, carriage through city. Ords., Art. 11, Sec. 80.. 764 — storage of. Ords., Art. 11, Sec. 81.... 765 Grand Jury, clerk to, oath of secrecy. Acts, Sec. 604D 363 Health Department badges, penalty for unauthorized use. Ords., Art. 14, Sec. 8 798 hospitals treating city’s in- sane — delinquency of. Ords., Art. 16, Sec. 13.... 873 — violations thereunder. Ords., Art. 16, Sec. 16.... 873 houses of ill-fame, disposition of fines from keepers of. Acts, Sec. 439 305 immigrant paupers, failure of owners of vessels to give bond for. Acts, Sec. 520 333 imprisonment when fines and costs not paid, terms of. Acts, Sec. 443 306 indictment for violation of provisions of Acts of Assem- bly or ordinance. Acts, Sec. 444 307 informers, rights of, unaffect- ed. Acts, Sec. 438 304 — to get no part of. Ords., Art. 10, Sec. 4 730 insane asylums, locating in city. Ords., Art. 16, Sec. 3 869 jail sentence, appropriation for remission. Ords., Art. 10, Sec. 7 731 — Mayor may remit with Ords., Art. 10, Sec. 7 731 Page FINES, Etc.— (Cont’d). jurors — absence from duty. Acts, Sec. 611 369 — dereliction of duty in re- lation to, Acts, Sec. 620 373 — fraud in drawing. Acts, Sec. 614 371 — sheriff’s liability for fraud, Acts, Sec. 616 371 Justices of the Peace, account- ing by for same. Acts, Secs, 643, 644 385 — ^affidavit when no collec- tions by. Acts, Sec. 645 386 — excessive fees extorted by. Acts, Sec. 656 390 — may impose same. Acts, Sec. 633 381 — Mayor to present delin- quent Justices to grand jury. Ords., Art. 10, Sec. 2 729 — return of fines to State Treasurer. Acts, Sec. 475 316 larceny, sales of goods by children, false certifying by parent. Acts, Sec. §656b 391 licenses, billiards, unlicensed tables. Acts, Sec. 659 396 — horse dealers, unlicensed, proviso. Acts, Sec. 662 397-8 — ^liquor, sales without li- cense. Acts, Sec. 684 417-18 “ “ 688 419-20 — liquors, violations of li- cense requirements. Acts, Sec. 685 418 — pawnbrokers, violations of provisions for. Act, Sec. 692 422-3 Acts, Sec. 693 423 — recovery when imposed hereunder. Ords., Art. 41, Sec. 86....1228 liquor in City Jail, penalty. Acts, Sec. 135 166 markets, fees, illegal collec- tion of. Acts, Sec. 708. .430-31 FINES AND FORFEITURES. 1403 FINES AND FORFEITURES. Page FINES, Etc.— (Cont’d). masters of vessels arriving with aliens, failure to re- port to Mayor. Acts, Sec. 519 333 matches, etc., near inflamma- ble stores on wharves, etc. Ords., Art. 11, Sec. 65.... 757 midwives, homes, etc., board- ing infants without license. Acts, Sec. §493i 324 money due city, presentment to grand jury for withhold- ing same. Ords., Art. 10, Sec. 2 729 non-pros, informer liable for costs. Ords., Art. 10, Sec. 3 730 note, case cited 729 Oils, manufacture of. Ords., Art. 11, Sec. 84.... 766 — ^manufacture and storage of, recovery of. Ords., Art. 11, Sec. 88.... 767 — storage of, sale of, restric- tions. Ords., Art. 11, Sec. 87.... 766 — unlawful sale of. Acts, Secs. 451, 453, 455 310, 311 oysters, sales without measur- ing. Acts, Sec. 735 443 pollution of w^ater ; fines re- coverable in Baltimore County and City and one- half to go to informer. Acts, Sec. 905 564 Pratt street wharf, penalty for landing wood on. Acts, Sec. 473 316 railroads, coupon tickets, stop-over, etc. Acts, Sec. §792d 490 — hours of labor. Acts, Sec. 795 491 — safety gates at grade cross- ings. Acts, Sec. 792 489 real estate brokers, failure to procure license. Acts, Sec. 696 425 Page FINES, Etc.— (Cont’d). remitted fines ; list to City Register ; proviso. Ords. , Art. 10, Sec. 6 730 report of dispensaries receiv- ing fines. Acts, Sec. 440 305 seats for female employes, penalty for failure to pro- vide. Acts, Sec. 506 325 security for fines and costs not allowed. Acts, Sec. 443 305 sentence on conviction in criminal cases. Acts, Sec. 444 307 shavings, deposit of and burning. Ords., Art. 11, Sec. 66.... 758" sheriff liable on bond for pay- ment of monies collected. Acts, Sec. 442 305 State’s Attorney of city ; ad- ditional fees from. Acts, Sec. 438 304 steam boilers ; violation of in- spection laws. Acts, Sec. 589 355 stevedores, failure to take out license. Acts, Sec. §700a 427 storage and transportation of explosives. Ords., Art. 11, Sec. 70.... 759 storing explosives, tin sign on door. Ords., Art. 11, Sec. 71.... 760 suits for recovery of. Ords., Art. 10, Sec. 1 729 superseded judgments for, collection after expiration of stay. Ords., Art. 10, Sec. 5 730 — officer serving summons to file copy with City Register, penalty. Ords., Art. 10, Sec. 5 730 FIRE. FIRE DEPARTMENT. 1404 Page FINES, Etc.— (Cont’d). unclaimed fines, payable to city. Acts, Sec. 441 305 wood — unlawful sale of. Acts, Secs. 596, 597, 598.. 358 FIRE, See ‘ 'Fire Department' ’ and "‘Fire Regulations." alarms — police to turn in. Ords., Art. 11, Sec. 47.... 752 general powers. Acts, Sec. 6 50 police regulations. Ords., Art. 25, Sec. 32- 35 969-70 Veteran Volunteer Firemen’s Association. Acts, Sec. 448 309 FIRE ALARM AND POLICE TELEGRAPH, See "Police Commissioners." FIRE ALARM TELEGRAPH, See "Fire Department" FIREARMS AND PISTOLS, See ‘ '‘Pistols and Firearms. ’ ’ FIRECRACKERS, sales prohibited, penalty. Ords., Art. 11, Sec. 58.... 756 FIRE COMMISSIONERS, BOARD OF, See "Fire Department " sub-title ‘ '‘Board of Fire Commisioners . ’ ’ FIRE DEPARTMENT, Board of Fire Commissioners. — additional apparatus and equipinent provison for. Ords., Art. 11, Sec. 14, 741 — annual report, meetings, accounts. Ords., Art. 11, Sec. 5, 737 — apparatus and equipment of department. Ords. Art. 11, Sec. 14, 741 — penalty for injury to. Acts, Sec. 446, 308 Page FIRE DEPT.— (Cont’d). Board of Fire Com. — (Cont’d). — appointment, authority, duites; salaries. Acts, Sec. 69, 137 — of employes, removal of, etc. Ords., Art. 11, Sec. 4, 737 — appropriation for pensions and relief of widows and children of firemen. Acts, Sec. 445, 307 — not to be exceeded. Ords., Art. 11, Sec. 8, 738 —assaulting firemen, penal- ty. Acts, Sec. 447, 308 — authority at fires, full con- trol of persons and prop- erty. Ords., Art. 11, wSec. 6, 738 — badges of newspaper rep- resentatives, control of. Ords., Art. 25, Sec. 63, 978 — benefit payment to family of members killed on duty. Ords., Art. 11, Sec. 11, 739 — burning shavings on vac- ant lots. Ords., Art. 11, Sec. 66, 758 — care of members during illness. Ords., Art. 11, Sec. 9. 739 — C. & P. Telephone Com- pany, conduits of space in for fire alarms and police patrol wires. Ords., Art. 9, Sec. 22, 727 — city council to inspect books and accounts. Ords., Art. 11, Sec. 5, 737 — clerk and assistant clerk to board, appointment. Ords., Art. 11, Sec. 1,.... 735 — death of members on duty, payment to family. Ords., Art. 11, Sec. 11, 739 — disability of member, cer- tificate of, no deduction of salary when presented. Ords., Art. 11, Sec. 9, 739 — duties and powers during fires. Ords., Art. 11, Sec. 6, 737 — Electrical Commission, president, member of, ex- officio. Ords., Art. 9, Sec. 1, 718 FIRE DEPARTMENT. FIRE DEPARTMENT. 1405 Pag^e FIRE DEPT.— (Cont’d). Board of Fire Com. — (Cont’d). — employes, appointment, re- moval. Ords,, Art. 11, Sec. 4, 737 —not to act as election offi- cers. Ords., Art. 11, Sec. 4, 737 — ex penditures and pur- chases, authority to make. Ords., Art. 11, Sec. 8, 738 — ferries; firemen and appara- tus to pass free wheh on duty. Acts. Sec. 437, 304 — fire escapes approval of. Ords., Art. 3. Sec. 85.... 629 — firemen, number of, on manual force. Ords., Art. 11, Sec. 2, 735 — firemen, retirement when disabled. Acts, Sec. 70 137 — funeral expenses of mem- bers without families, payment of. Ords., Art. 11, Sec. 11, 739 — illness of firemen, no de- duction of salary for cer- tificate of disability. Ords., Art. 11, Sec. 9, 739 — injury on duty, no deduc- tion of pay for disability from. Ords., Art. 11, Sec. 10. 739 — benefit insurance, board to effect on fire- men. Ords., Art. 11, Sec. 12, 740 — of substitute firemen on duty. Ords., Art. 11, Sec. 13, 740 — insurance on lives of fire- men, board to effect. Ords., Art. 11, Sec. 12, 740 — meetings, accounts and an- nual reports. Ords., Art. 11, Sec. 5, 737 — membership and personnel of department. . Ords., Art. 11, Sec. 2, 735 — members, salaries of. Ords., Art. 11, Sec. 3, 736 — not to act as election o fficers. t Ords., At. 11, Sec. 7, 737 — Municipal Telephone Ex- change. Ords., Art. 11, Sec. 44, 751 note to Sec. 4, 735 Page FIRE DEPT.— (Cont’d). Board of Fire Com. — (Cont’d). — obstructing wagons of sal- vage corps, penalty. Ords., Art. 11, Sec. 46, 752 —operators of Municipal Tele- phone Exchange appoint- ment. Ords., Art. 11, Sec. 44, 751 — ordinances relating to Fire Department, chronologi- cal list of 735 — penalty for depositing shav- ings on vacant lots. Ords., Art. 11, Sec. 66, 758 • — penalty for obstructing sal- vage corps. Ords., Art. 11, Sec. 46, 752 — pension and relief of widows and children. • Acts, Sec. 70, 138 Acts, Sec. 445 307 — personnel .of department. Ords., Art. 11, Sec. 2, 735 — posting copies of rules of department in engine houses etc. Ords., Art. 11, Sec. 7, 738 — powers and duties during fires, proviso. Ords., Art. 11, Sec. 6, 738 — proceedings, meetings, ac- counts, Ords., Art. 11, Sec. 5, 737 — property of department, to control. Ords., Art. 11, Sec. 8, 738 —public safety, sub-depart- ment of. Acts, Sec. 69 137 — removal of employes. Ords., Art. 11, Sec. 4, 737 — report, annual, of expendi- tures, etc., copies of for Mayor and City Council. Ords., Art. 11, Sec. 5, 737 — reserve equipment, to pro- vide as authorized. Ords., Art. 11, Sec. 14, 741 — rules of department, to pre- pare and post. Ords., Art. 11, Sec. 7, 738 — salaries of firemen, no de- duction for sickness, cer- tificate of disability. Ords., Art. 11, Sec. 9, 739 — to continue during disability received on duty Ords., Art. 11, Sec. 10, 739 FIRE DEPARTMENT. FIRE DEPARTMENT. 1406 Page FIRE DEPT.— (ConPd). Board of Fire Com. — (Cont’d). — salvage corps, right of way to fires. Ords., Art. 11, Sec. 45, 752 — shavings, deposit on vacant lots, penalty. Ords., Art. 11, Sec. 66, 758 — sick benefit insurance of firemen, board to effect. Ords., Art. 11, Sec. 12, 740 — sickness of firemen, no de- duction of pay for, cer- tificate of. Ords., Art. 11, Sec. 9. 739 — subordinates of, board to appoint and fix compen- sation. Acts, Sec. 69 137 — manual force of department. Ords., Art. 11, Sec. 2, 735 — not to act as election officers. Ords., Art. 11, Sec. 4, 737 — substitute firemen injured on duty, relief of. Ords., Art. 11, Sec. 13, 740 — telephone operators of Municipal Telephone Ex- change, appointment. Ords., Art. 11, Sec. 44, 751 — temporary school buildings, approval of by. Ords., Art. 32, Sec. 4, 1044 — ^uniform, unauthorized use of, penalty. Ords., Art. 11, Sec. 53, 754 — wagons, etc., driven over hose in use, penalty, pro- viso. Ords., Art. 11, Sec. 49, 753 — of salvage corps, right of way to fires. Ords., Art. 11, Sec. 45, 752 — wharves, piers, etc., precau- tions on, penalty. Ords., Art. 11, Sec. 64, 757 — wives of firemen, payment of death benefits to. Ords., Art. 11, Sec. 12, 740 Chief Engineer, Duties and Authority, — admission and discharge of firemen, records of. Ords., Art., 11, Sec. 18, 742 — alteration and repair of engines and apparatus. Ords., Art. 11, Sec. 17, 742 — apparatus at fires, arrange- ment of. Ords. Art. 11, Sec. 16, 741 Page FIRE DEPT.— (Cont’d). Chief Engineer, Etc. — (Cont'd). — authority of district engi- neer in absence of cheif enginer. Ords., Art. 11, Sec. 16, 741 — command of, at fires, su- preme. Ords., Art. 11, Sec. 17, 741 — company returns, to receive and transmit to board. Ords., Art. 11, Sec. 18, 742 — duties, examine into, keep record of, report on fires, etc. Ords., Art. 11, Sec. 40, 750 — engine houses, lighting lamps in front of. Ords., Art. 11, Sec. 43, 751 — district engineer, authority of, in absence of chief en- gineer. Ords., Art. 11, Sec. 19, 742 — engines, alteration and re- pair of. Ords., Art. 11, Sec. 17, 742 — engine houses and equip- ment, inspection of. Ords., Art. 11, Sec. 17. 742 — extinguishment of fires, au- thority in. Ords., Art. 11, Sec. 17, 741 — order and observance of law at fires, to maintain. Ords., Art. 11, Sec. 17, 742 — proceed to fires and arrange apparatus. Ords., Art. 11, Sec. 16, 741 — property, protection of at fires. Ords., Art. 11, Sec. 17, 741 — report on equipment, etc., to board. Ords., Art. 11, Sec. 17, 742 — of companies, to re- ceive and transmit to board. Ords., Art. 11, Sec. 18, 742 — rolls of companies, admis- sion, discharge, etc. of firemen. Ords., Art. 11, Sec. 18, 742 Examining Board of Fire De- Department, — appointment of, by Mayor. Ords., Art. 11, Sec. 2U, 743 — of candidates for fire- men from graded lists. Ords., Art. 11, Sec. 20, 743- FIRE DEPARTMENT. FISH. Page 1407 Page FIRE DEPT.— (Con t’d). Chief Engineer, Etc. — (Cont’d). — or promotion of firemen, certificate of. Ords., Art. 11, Sec. 22, 744 — candidate for appointment or promotion, examina- tion of. Ords., Art. 11, Sec. 20, 743 — certificate of board to fitness of appointees. Ords., Art. 11, Sec. 22, 744 — clerk of board, duties. Ords., Art. 11, Sec. 23, 744 — competitive examination of applicants. Ords., Art. 11, Sec. 20, 743 — composition of board. Ords., Art. 11, Sec. 20, 743 — conduct of examinations, rules for. Ords., Art. 11, Sec. 21, 744 — duties of board, examina- tion of candidates, fur- nish graded lists of, etc. Ords., Art. 11, Sec. 20, 743 — of clerk to board. Ords., Art. 11, Sec. 23, 744 — duties of Chief Engineer at. Ords., Art. 11, Secs. 16, 17 741 — examination and investiga- tion of candidates. Ords., Art. 11, Sec. 20, 743 — rules for conducting. Ords., Art, 11, Sec. 21, 744 — fitness of appointees, certi- ficate of board to. Ords., Art. 11, Sec. 22, 744 — of applicant for posi- tion to be sole question with board. Ords., Art. 11, Sec. 24. 744 — graded lists, to furnish to Board of Fire Commis- sioners. Ords., Art. 11, Sec. 20, 743 — lists of names, public to in- spect. Ords.. Art. 11, Sec. 23, 744 — marking candidates on lists, order of. Ords., Art. 11, Sec. 21, 744 note to Sec. 20, 743 — oath of impartiality of members of board, record of. Ords., Art. 11, Sec. 24, 744 FIRE DEPT.— (Cont’d). Chief Engineer, Etc. — (Cont’d). — political adherence not to influence board. Ords., Art. 11, Sec. 24, 745 — president of board. Ords., Art. 11, Sec. 23, 744 — proceedings of board, clerk to record. Ords., Art. 11, Sec. 23, 744 — public inspection of graded lists. Ords., Art. 11, Sec. 23, 744 — qualifications of candidates, board to ascertain. Ords., Art. 11, Sec. 20, 743 — records of board. Ords., Art. 11, Sec. 23, 744 — religious belief not to influ- ence board. Ords., Art. 11, Sec. 24, 745 — rules for conduct of exami- nations, board to adhere to, record of. Ords., Art. 11, Sec. 21, 744 Fire Alarm Telegraph, — appointment of Superin- tendent, qualifications, duties. Ords., Art. 11, Sec. 25 745 — of telegraphers. Ords., Art. 11, Sec. 26 746 — of linemen , assistants and battery men. Ords., Art. 11, Sec. 27 746 — batteryman. duties, etc., bond. Ords., Art. 11, Sec. 30 747 — bond of batteryman, line- men and assistants, du- ties. Ords., Art. 11, Sec. 30 747 — Superintendent. Ords., Art. 11, Sec. 28 746 — telegrap hers. Ords., Art. 11, vSec. 29 747 — boxes, fire alarm signal, in hotels, public halls, etc., cost of. Ords,, Art. 11, Sec. 32 748 — Chesapeake and Potomac Telephone Company, use of conduits of, for fire alarm wires. Ords., Art. 11, Sec. 35 749 FIRE DEPARTMENT. FIRE DEPARTMENT. 1408 Page FIRE DEPT.-(Cont’d). Fire Alarm Telegraph — (Cont’d). — duties of Superintendent, test and repair instru- ments, accounts, records, annual report. Ords., Art. 11, Sec. 28 746 — of telegraphers, receive and transmit alarms. Ords., Art. 11, Sec. 29 747 — of linemen and battery- man. Ords., Art. 11, Sec. 30 747 — fire alarm signal boxes in public halls, etc., cost of. Ords., Art. 11, Sec. 32 748 — connection with regular wires. Ords., Art. 11, Sec. 33 748 — in public halls, etc., un- der supervision of de- partment. Ords., Art. 11, Sec. 34 749 — injury to poles of, penalty. Ords., Art. 11, Sec. 31.. 747 — false alarm, punishment for Ords., Art. 11, Sec. 50 753-4 — hose in use, driving over, punishment, proviso. Ords., Art. 11, Sec. 49 753 — lineman and assistants, appointment. Ords., Art. 11, Sec. 27 746 — duties of. Ords., Art. 11, Sec. 30 747 — note 747 — operators, duties, bond. Ords., Art. 11, Sec. 29 747 — poles of, penalty for in- jury to. Ords., Art. 11, Sec. 31 747 — qualifications of Superin- tendent. Ords., Art. 11, Sec. 25 745 — signal boxes, interfering with use of, penalty. Ords., Art. 11, Sec. 48 753 — keys of, penalty for unauthorized pos- session. Ords., Art. 11, Sec. 52 754 — ^in hospitals, theatres, etc., cost of. Ords., Art. 11, Sec. 32 748 — Superintendent, appoint- ment, qualifications. Ords., Art. 11, Sec. 25 745 P^e FIRE DEPT.-(Cont’d). Fire Alarm Telegraph — (Cont’d)* — duties, bond. Ords., Art. 11, Sec. 28 746 — supervision of signal boxes in public places. Ords., Art. 11, Sec. 34 748 — telegraphers, appointment of. Ords., Art. 11, Sec, 26 746 — duties, receive and trans- mit alarms, bond. - Ords., Art. 11, Sec. 29 747 Fire Inspector, — appointment by insurance companies. Ords., Art. 11, Sec. 40 750 — arrest of incendiaries, re- ward for. Ords., Art. 11, Sec. 42 751 — commission of, by Mayor. Ords., Art. 11, Sec. 40 750 — compensation by insurance companies. Ords., Art. 11, Sec. 40 750 — conviction of incendiaries, reward for. Ords., Art. 11, Sec. 42 751 — dynamite, etc., storage of, permit, penalty. Ords., Art. 11, Sec. 70 759 — storing of. Ords., Art. 11, Sec. 71 760 — examine buildings for com- pliance with fire regula- tions. Ords., Art. 11, Sec. 40 750 — expenses of, city not lia- ble for. Ords., Art. 11, Sec. 40 750 — fire regulations to enforce. Ords., Art. 11, Sec. 40 750 — incendiaries, reward for apprehension of. Ords., Art. 11, Sec. 42 751 — nitro-glycerine, dynamite, etc., manufacture of, permit, penalty. Ords., Art. 11, Sec. 69 759 — obstructing Inspector, pen- alty. Ords., Art. 11, Sec. 40 750 — pay of, provision for. Ords., Art. 11, Sec. 40 750 — penalty for obstructing. Ords., Art. 11, Sec. 40 750 — failure to secure vacant FIRE DEPARTMENT. FIRE DOORS. 1409 Page FIRE DEPT.— (Cent d). Fire Inspector. — (Cont’d). houses after notice. Ords., Art. 11, Sec. 40 750 —police to inform Inspector of vacant unsecured houses. Ords., Art. 11, Sec. 41 751 — proviso as to salary, city not liable for. Ords., Art. 11, Sec. 40 750 — report monthly to Mayor, on fires. Ords., Art. 11, Sec. 40 750 — reward for incendiaries. Ords., Art. 11, Sec. 42 751 — salary of, insurance com- panies to pay. Ords., Art. 11, Sec. 40 750 — vacant house, duty of po- lice. duty of Inspector. Ords., Art. 11, Sec. 41 751 Fire Plugs, Screws and Suc- tion Tubes, —access to fire plugs, penal- ty for obstructing. Ords., Art. 11, Sec. 39.... 750 — Chief Engineera nd assist- ants to control plugs at fires. Ords., Art. 11, Sec. 38.... 749 — fire plugs to conform to standard. Ords., Art. 11, Sec. 37.... 749 — control of at fires. Ords., Art. 11, Sec. 38 ... 749 — obstructing access to, penalty. Ords., Art. 11, Sec. 39.. 750 — hose, standard screw for. Ords., Art. 11, Sec. 39... 749 — obstructing access to plugs, penalty. Ords., Art. 11, Sec. 36 ... 750 — openings of standard suc- tion tube and hose. Ords., Art. 11, Sec. 36.... 749 — plugs, penalty for obstruct- ing access to. Ords., Art. 11, Sec. 39.... 750 — to conform to standard. Ords., Art. 11, Sec. 37.. 749 — control and use of, at fires. Ords., Art. 11, Sec. 38.. 749 — standard screw of suction tubes and hose. Ords., Art. 11, Sec. 36.... 749 Page FIRE DEPT.— (Cont’d). Interfering with Property of Fire Department, — alarms, police to turn in when fire occurs. Ords., Art. 11, Sec. 47 752 — conviction for false alarm, reward for. Ords., Art. 11, Sec. 51 754 — driving over hose in use, punishment for, proviso. Ords., Art. 11, Sec. 49 753 — duty of police on occur- rence of fire. Ords., Art. 11, Sec. 47 752 — false alarms, penalty for. Ords., Art. 11, Sec. 50 753-754 — impersonating firemen, penalty. Ords., Art. 11, Sec. 53 754 — injuring property of de- partment. Ords., Art. 11, Sec. 48 752 — keys of signal boxes, etc., unauthorized possession of, penalty. Ords., Art. 11, Sec. 52 754 — obstructions to apparatus on streets, penalty. Ords., Art. 11, Sec. 48 753 — police, duty on occurrence of fires. Ords., Art. 11, Sec. 47 752 — punishment for false alarm. Ords.,Art.ll,Sec.50 ....753-4 — property of department, injury to, penalty. Ords., Art. 11, Sec. 48.... 752 — reward for persons giving false alarms. Ords., Art. 11, Sec. 51.... 754 lamps in front of engine houses. Ords., Art. 11, Sec. 43.. 751 FIRE DOORS AND SHUT- TER.S, See ''Buildings^' and ""Fire Regulations. ’ ’ Ords., Art. 3, Secs. 79- 80 627 FIRE ESCAPES. 1410 FIRE REGULATIONS. Page FIRE ESCAPES, See '‘'Buildings'" and "In- spector of Buildings. ’ ’ sweat-shops to be provided with, penalty. Acts, Sec. 280 252-253 FIRE ESCAPES AND ALARMS, where required. Ords., Art. 3, Sec. 83.... 628 FIRE EXITS, See "Buildings" and "In- spector of Buildings." notice to owners to provide. Acts, Sec. 80 142 penalty for absence of. Acts, Sec. 81 142 FIRE HYDRANTS, See "Hydrants." Ords., Art. 40, Secs. Id- ly 1182-1183 FIRE INSPECTOR, See ‘ 'Fire Department. ’ ’ FIREMEN, See "Fire Department." assaults upon. Acts, Sec. 447 308 pensions for when disabled and superannuated. Acts, Sec. 6 50 Acts, Sec. 70 138 — amount of pension. Acts, Sec. 6 50 — appropriations for pen- sions. Acts, Sec. 6 50 when to be retired. Acts, Sec. 6 50 FIRE PLUGS, See "Fire Department." control at fires — Chief Engi- neer to have. Ords., Art. 11, Sec. 38. 749 mis-use, or unauthorized use of, police to report. Ords., Art. 25, Sec. 115.. 996 obstruction of, penalty. Ords., Art. 11, Sec. 39.. 750 Page FIREPROOF CONSTRUC TION, See "Buildings." Ords., Art. 3, Secs. 93- 97 632-633 FIREPROOFING, See "Buildings'" sub-tilles, ‘ 'Fire Regulations' ’ and "Fireproof Building Ma- terials. ’ ’ Ords., Art. 3. Sec. 82.... 628 FIRE SHUTTERS AND DOORS, arrangement, closing, open- ing, etc., proviso. Ords., Art. 25, Sec. 32. .. 969 FIREWOOD, SALE OF, See ' 'Inspections, Weights and Measures." Ords., Art. 17, Sec. 32 ... 886 FIREWORKS IN CITY, crackers, squibs, etc., pro- hibited, penalty. Ords., Art. 11, Sec. 57.. 755 FIRING OF CRACKERS, power to regulate and pro- hibit. Acts, Sec. 6, 50 FIRING PISTOLS, ETC., penalty for, in cit}- or on vessels in harbor. Ords., Art. 25, Sec. 83.. 986 FIRE REGULATIONS, See "Fire"" and "Fire De- partment. ’ ’ Fire Gongs In Hotels, — apartment houses. Acts, Sec. §447a 308 — buildings in which re- quired. Acts, Sec. §447a 308 -^buildings exempt. Acts, Sec. §447d 309 — installation. Acts, Sec. §447a 308 — location. Acts, Sec. §447b 308 — penalty. Acts, Sec. §447c 309 FIRE regulations. 1411 FIRE REGULATIONS. Page FIRE REGULATIONS.— (Cont’d). Fire Gongs In Hotels. — (Cont’d). —placing. Acts, Sec. §447b 308 — proviso. Acts, Sec. §447d 309 —ringing gongs. Acts, Sec. §447a 308 — size, Inspector of Build- ings to designate. Acts, Sec. §447b 308 Gasoline, Naphtha and Benzine, — amount to be stored at one time. Ords., Art. 11, Sec. 74.. 761 — automatic closing cans for. Ords., Art. 11, Sec. 75.. 761 — automobiles, filling tanks of. Ords., Art. 11, Sec. 75.. 762 — automobile storage sta- tions, provisions for. Ords., Art. 11, Sec. 75.. 761 — cans, purchaser to furnish in sales for domestic use. Ords., Art. 11, Sec. 78.. 763 — cans, requirements for, open vessels prohibited. Ords., Art. 11, Sec. 75.. 761 — cleaners, dyers, etc., ex- cepted . Ords., Art. 11, Sec. 77.. 762 — cocks and valves not to leak. Ords., Art. 11, Sec. 76.. 762 — cooking, heating, etc., provisions for use in. Ords., Art. 11, Sec. 77.. 763 — dealers name to be stamp- ed on stoves. Ords., Art. 11, Sec. 77..763 — dealers to register with Comptroller. Ords., Art. 11, Sec. 77.. 763 — domestic use, sales for, purchaser to furnish can. Ords., Art. 11, Sec. 78.. 763 — emptying automobile tanks. Ords., Art. 11, Sec. 75.. 761 — filling tanks, precautions. Ords., Art. 11, Sec. 75.. 761 - -filling stoves, precautions. Ords., Art. 11, Sec. 77.. 763 — fines for violating provi- sions. Ords., Art. 11, Sec. 78.. 764 Page FIRE REGULATIONS.— (Cont’d) . Gasoline, Etc.— (Cont’d) . — original package, sales in. Ords., Art. 11, Sec. 75.. 761 — penalties for violations of provisions. Ords., Art. 11, Sec. 79.. 764 — permit for automobile storage stations. Ords., Art. 11, Sec. 75.. 761 — permit for storage for en- gines, etc. Ords., Art. 11, Sec. 76.. 761 — quantity permitted at auto- mobile stations. Ords., Art. 11, Sec. 75.. 761 —quantity dealers ma}'^ keep. Ords., Art. 11, Sec. 74.. 761 — registry of dealers in stoves at office of Comptroller. Ords., Art. 11, Sec. 77.... 763 — reservoirs for stoves to be outside of building. Ords., Art. 11, Sec. 77. .. 763 — sales for domestic use. Ords., Art 11, Sec. 78.... 763 — sales in automobile sta- tions. Ords., Art. 11, Sec. 75.... 761 — sand to be kept as absor- bent in case of leakage. Ords., Art. 11, Sec. 75.,.. 761 — storage tanks for engines, etc. Ords., Art. 11, Sec. 74.... 761 — Storage tanks in automo- bile stations. Ords., Art. 11, Sec. 75.... 761 — stoves, precautions in use of. Ords., Art. 11, Sec. 77.... 762 — tanks, storage for automo- bile stations. Ords., Art. 11, Sec. 75.... 761 — tanks, storage for engines, etc. Ords., Art. 11, Sec. 76.... 762 Gunpowder, — canisters for storage, pen- alty. Ords., Art. 11, Sec. 82... 765 — carriage through city, pre- cautions, penalty. Ords., Art. 11, Sec. 80.... 764 — concealment of, search warrant on information. Ords., Art. 11, Sec. 83.... 765 FIRE REGUEATIONS. FIRE REGULATIONS. 1412 Page FIRE REGULATIONS.— (Cont’d). Gunpowder. — (Cont’d) . — door, to be kept near, sign on, penalty. Ords., Art. 11, Sec. 82.... 765 — information of conceal- ment, search warrant to issue. Ords., Art. 11, Sec. 83.... 765 — maximum quantity to be kept, penalty. Ords., Art. 11, Sec. 81.... 765 — quantity to be kept, pen- alty. Ords., Art. 11, Sec. 81.... 765 —sign on door “Gunpow- der.” Ords., Art. 11, Sec. 82.... 765 — storage or keeping in tin canisters. Ords., Art. 11, Sec. 82.... 765 —transportation through city unrestricted when destined beyond. Ords., Art. 11, Sec. 81.... 765 Hotels, Safety Regulations, — fine for noncompliance with. Ords., Art. 11, Sec. 68.... 759 — fire escapes, placing of, signs indicating. Ords., Art. 11, Sec. 67.... 758 — floor plan to be placed in each sleeping room. Ords., Art. 11, Sec. 67.... 758 — owner or lessee, responsi- bilit}^ of. Ords., Art. 11, Sec. 68.... 759 — penalty for non-compli- ance with. Ords., Art. 11, Sec. 68.... 759 — plans of floors to be kept in sleeping rooms. Ords., Art. 11, Sec. 67 758 — signs indicating fire es- capes and stairways. Ords., Art. 11, Sec. 67.... 758 — stairways, to place signs indicating location of. Ords., Art. 11, Sec. 67.... 758 Inflammable and Explosive Materials, — blasting in city limits, per- mit for. Ords., Art. 11, Sec. 72.... 760 —blasting without permit, penalty. Ords., Art. 11, Sec. 73.... 760 FIRE REGULATIONS.— (ConUd^^ Inflammable, Etc. — (Cont’d). — dynamite, etc., manufac- ture prohibited, penalty. Ords., Art. 11, Sec. 69.... 759 — dynamite, carriage through streets, permit, penalty. Ords., Art. 11, Sec. 70.... 759 — explosive compounds, manufacture of, penalty. Ords., Art. 11, Sec. 69.... 759 — explosive compounds, car- riage through streets. Ords., Art. 11, Sec. 70.... 759 — firecrackers, sale prohibit- ed, penalty. Ords., Art. 11, Sec. 58.... 756 — fires on decks of vessels at night, penalty. Ords., Art. 11, Sec. 63.... 757 — fireworks in city, penalty, permit for. Ords. Art. 11, Sec. 57.... 756 — fireworks, manufacture of, penalty. Ords., Art. 11, Sec. 59 756 — fireworks, sales in other than original package, penalty. Ords., Art. 11, Sec. 58.... 756 — floors of wood, ashes on. Ords., Art. 11, Sec. 60.... 756 — manufacture of explosives prohibited, penalty. Ords., Art. 11, Sec. 69 . . 759 — manufacture of fireworks, prohibited, penalty. Ords., Art, 11. Sec. 59.... 756 — nitro-glycerine, carriage through streets. Ords., Art. 11, Sec. 70... 759 — notice to comply with pro- visions. Ords., Art. 11, Sec. 70.... 759 — notice to offenders before liability accrues. Ords., Art. 11, Sec. 62 ... 757 — penalty for blasting in city without permit. Ords., Art. 11, Sec. 73.... 760 — penalties, liabilit}' for, notice to delinquents. Ords., Art. 11, Sec. 62.... 757 — permit for fireworks. Ords., Art. 11, Sec. 57.... 755 — sales of firecrackers pro- hibited, penalty. Ords., Art. 11, Sec. 58.... 755 FIRE REGULATIONS. 1413 Page FIRE REGULATIONS.— (Cont’d). Inflammable, Etc. — (Cont’d). — storage of explosives; per- mit; penalty. Ords., Art. 11, Sec. 70.... 759 — storage of explosives, tin sign on door, penalty, notice. Ords,, Art. 11, Sec. 71.... 760 Oils, Illuminating and Fluid, — accident, seller’s liabilit)-. Acts, Sec. 453 310 — confiscation of inferior oils. Acts, Sec. 454 311 — damages, liability of seller. Acts, Sec. 452 310 — explosion, liability of sel- ler. Acts, Sec. 453 310 — export oil, exemption of. Acts, Sec. 456 311 — false report by Inspector, penalty. Acts, Sec. 455 311 — fines, disposition of. Acts, Sec. 453 310 — fire test. Acts, Sec. 449 309 — Inspectors, decisions in confiscation. Acts, Sec. 454 311 — Inspector’s reports, penalty for falsifying. Acts, Sec. 455 311 — penalty for unlawful sales. Acts, Sec. 453 310 — manufacture. Acts, Sec. 451 310 -purcha.ser, protection of. Acts, Sec. 452 310 — sales in barrels. Acts, Sec. 450 309 — unlawfully. Acts, Sec. 451 310 — seizure of oils. Acts, Sec. 454 311 — stamp of manufacturer on barrels. Acts, Sec. 450 309 — street lamps, oil for, ex- empt. Acts, Sec. 456 3^1 1 — Tagliabue’s test. Acts, Sec. 449 30 9 FIRE REGULATIONS. Page FIRE REGULATIONS.— (Cont’d). Oils, Manufacture and Storage of, — application for permit for, publication of. Ords., Art. 11, Sec. 84.. 765 — buildings for manufacture of, restrictions. Ords., Art. 11, Sec. 85.. 766 — collection of fines here- under. Ords., Art. 11, Sec. 88.. 767 — distilleries of, require- ments for. Ords., Art. 11, Sec. 85.. 766 — existing manufactories not affected. Ords., Art. 11, Sec. 84.. 766 — fines for violation of pro- visions. Ords., Art. 11, Sec. 88.. 767 — illuminating oils, how kept for sale. Ords., Art. 11, Sec. 86.. 766 — manufacture restricted, permit for, penalty. Ords., Art. 11, Sec. 84.. 765 — penalties for violations hereunder. Ords., Art. 11, Sec. 87.. 766 — recovery of. Ords., Art. 11, Sec, 88.. 767 — permission to manufact- ure, application for. Ords., Art. 11, Sec. 84.. 766 — publication of application for permit. Ords., Art. 11. Sec. 84.. 766 — sale of illuminating oils. Ords., Art. 11, Sec. 86 . 766 — storage of, restrictions. Ords., Art. 11, Sec. 85.. 766 Prevention of Fires, — arrests for smoking i n stables. Ords., Art. 11, Sec. 56, 755 — ashes in wooden vessel. Ords., Art. 11, Sec. 60, 755 — hay and straw, require- ments for buildings where kept, penalty. Ords., Art. 11, Sec. 61, 757 — inflammable stores on wharves, etc., matches etc., prohibited, penalty. Ords. Art. 11, Sec. 64, 757 FIRK REGULATIONS. FISH. 1414 FIRE REGULATIONS.— (Cont’d5^ Prevention of Fires. — (Cont’d), — lamps, etc., in stables, re- strictions, penalty. Ords., Art. 11, Sec. 54, 755 — outside wooden build- ings, penalt}^ Ords., Art. 11, Sec. 55, 755 —open, on -wharves, etc., penalty. Ords., Art. 11, Sec. 64. 757 — livery stables, open lamps in, penalty. Ords., Art. 11, Sec. 56, 755 — notice to owners of vacant, unsecured houses. Ords., Art. 11, Sec. 41, 751 — open lamps on wharves, etc., penalty. Ords., Art. 11, Sec. 64, 757 — in stables, etc., penalty. Ords., Art. 11, Sec. 56, 755 — piers, wharves, etc., pre- cautions on, penalty. Ords., Art. 11, Sec. 64, 757 — police, duty in regard to lights in stables. Ords., Art. 11, Sec. 56.. 755 — ships, fires on deck at night, penalty. Ords., Art. 11, Sec. 63.. 757 — stables; fire regulations to be posted. Ords., Art. 11, Sec. 56.. 755 — smoking in stables, penalty. Ords., Art. 11, Sec. 56.. 755 — on wharves, etc., penalty. Ords., Art. 11, Sec. 64.. 757 — stables, lights in, precau- tions. Ords , Art. 11, Sec. 54.. 755 — smoking in, penalty. Ords., Art. 11, Sec. 56.. 755 Miscellaneous Provisions, — amusement halls etc. , aisles of, to be kept clear. Ords., Art. 25, Sec. 35, 970 — doors, fire, arrangement and closing. Ords., Art. 25, Sec. 32, 969 — exits from public places, to be opened after each per- formance. Ords., Art. 25, Sec. 35, 970 — fire shutters, to close at end of business day, to close and open from outside, proviso. Ords., Art. 25, Sec. 32, 969 Page FIRE REGULATIONS.— (Cont ’d) . Miscellaneous Prov’s. — (Cont’d). —meat smoking prohibited except in special build- ings for, penalty Ords., Art. 25, Sec. 33, 969 — obstruction of stairways prohibited. Ords., Art. 25, Sec. 34, 969-970 — shutters, fire, arrangement and closing. • Ords., Art. 25, Sec. 32, 969 — smoking meat prohibited except in special build- ings. Ords., An. 25, Sec. 33, 969 — stairways, explosives, etc., under, and obstruction of, prohibited. Ords., Art. 25, Sec. 34, 969-970 FIRES IN STREETS, — conditions of permit for, protection of pavement, penalty, Ords., Art. 25, Sec. 75, 983 FISCAL YEAR, Acts, Sec. 24 104 assessment and levy of taxes for. Acts, Sec. 171 188 levy for expenditures. Acts, Sec. 40 120 period of. Acts, Sec. 32 110 Police Commissioners to esti- mate expenses for. » Acts, Sec. 747 459 taxes for. Acts, Sec. 40 121 taxable ba,sis for. Acts, See. 171 189 FISH, See ''Fish Markets'"' and ' 'Markets. ’ ’ bass under weight, sale of prohibited. Acts, Sec. 457 311 FISH AND CRABS. FLYING HORSES. Page 1415 FLAGS, Page FISH.— (Cont’d). cleaning near fountains and pumps, prohibited, penalty. Ords., Art. 25, Sec. 39.... 971 Fells Point market ; sales in. Ords., Art. 23, Sec. 82.... 943 fines and penalties. Acts, Sec. 6 51 keeping under cover, penalty. Ords., Art. 25, Sec. 40. .. 971 perch under weight, sales prohibited. Acts, Sec. 457 311 sale and disposition of — gen- eral powers. Acts, Sec. 6 51 stalls for in Lexington, Han- over and Fells Point mar- kets. Ords., Art. 23, vSec. Ill . 951 FISH AND CRABS, See ''‘Markets." Ords., Art. 23, Sec. 23.... 926, 927 FISH AND GAME LAWS, markets; posting in, penalty for defacing. Ords., Art. 23, Sec. 42 ... 931 FISH MARKETS, cleaning of and removal of filth from . ( ‘ 'See Markets . ' ' ) Ords., Art. 23, Sec. 4 920 permanent wooden structures on outside of. Ords., Art. 23, Sec. 45.... 932 FLAG AND STEPPING STONES, See "Streets and City Engi- neer" and "Vehicles." materials for. Ords., Art. 35, Sec. 18....1096 when to be provided in streets. Ords., Art. 35, Sec. 83 ...1122 public buildings — raising of on holidays and Memorial Day. Ords., Art. 28, Sec. 6 1006 public schools — authority to purchase flag for each school ; when to be raised. Ords., Art. 32, Sec. 7 1046 FLASHING POINT OF OILS, minimum, penalty for inferior oil. Ords., Art. 20, Sec. 28 .. 903 FLOATING DEBT, prohibited. Acts, Sec. 40 120 FLORISTS, Lexington market ; stalls of. Ords., Art. 23, Sec. 97. .. 948 FLOUR, MEAL, ETC., See "Markets." Ords., Art. 23, Sec. 24 ... 927 sales of by weight, false weights, penalty. Ords., Art. 23, Sec. 31... 929 FLUES, CHIMNEYS AND HEATING APPARATUS. See "Buildings" sub-title ' ' Chim neys, Flues and Heating Apparatus . ’ ’ FLUSHING GUTTERS, when to be done. Ords., Art. 40, Sec. 16 ... 1182, 1183 FLUSHING STREETS, Baltimore street, when wet and muddy. Ords., Art. 36, Sec. 7 1143 fire plugs, use of water from. Ords., Art. 36, Sec. 6 1142 FLYING HORSES, ETC., licenses for; cost of, penalty. Ords., Art. 41, Sec. 10....1199 public swings, fakirs and pat- ent medicine venders, pro- hibited, penalty. Ords., Art. 25, Sec. 112..995-6 FOOD PRODUCTS. FOOTWAYS. 1416 FOOD, FOOD PRODUCTS^^^^ AND STUFFS, See ‘ "Health ’ ’ and ‘ "Markets. ’ ’ Ords., Art. 14, Sec. 62. .. 815 definition of term ; proviso. Ords., Art. 14, Sec. 62.... 815 inspection and sale of, regu- lated. Acts, Sec. 6 56 inspectors and analysts of. Acts, Sec. 73 139 inspectors of. Ords., Art. 14, Sec. 61. .. 814, 815 milk, inspectors of. Acts, Sec. 74 139 FOOTWAYS, See ""Grading, Paving, etc.. Streets;'^ ""Markets ""Streets and City Engi- neer'''' and ""Vehicles.''' abutting owners liable for costs of. Acts, Sec. §841f 534 annex, footways — assess- ment of costs of. Acts, Sec. §841f 534 — construction and repair of. Ords., Art. 35, Sec. 29 . ..1101 — to be repaired by the City Engineer. Ords., Art. 35, Sec. 31....1102 barrels, boxes, etc., not to ob- struct more than one-half. Ords., Art. 25, Sec. 68.... 979 burnt district ; construction and material of footwa}'sin. Ords., Art. 35, Sec. 14 ...1095 — permit for paving re- quired. Ords., Art. 35, Sec. 13....1094 — structures prohibited in. Ords., Art. 35, Sec. 15....1095 collection of tax for repairs to. Ords., Art. 35, Sec. 23....1099 cost of grading, paving, etc. Ords., Art. 35, Sec. 62....1113 Drainage, — under sidewalks. Ords., Art. 35, Secs. 32, 36 1102-1103 FOOTWAYS.— (Cont’d) . Drainage. — ( Cont’d) . — City Engineer to approve method. Ords., Art. 35, Sec. 34....1103 — construction by City Engi- neer upon neglect of owner. Ords., Art. 35, Sec. 35.... 1103 — cost of such construction. Ords., Art. 35, Sec. 35-...1103 — penalty for failure to pro- vide such drainage. Ords., Art. 35, Sec. 36....1103 — pipes for to be under ground. Ords., Art. 35, Sec. 33....11C2 flag stones to be put down ; penalty. Ords., Art. 35, Sec. 27. ...1100 grading, regulating, paving and repairing same. Acts, Sec. 6 78 horses, etc., not allowed on ; proviso as to crossing same. Ords., Art. 4, Sec. 3 683 ice and snow, removal from. Ords., Art. 36, Sec. 15....1145 market footways — Belair mar- ket. Ords., Art. 23, Sec. 62.... 938 — to be kept open. Ords., Art. 23, Sec. 61.... 937-938 obstruction of by goods being inspected, penalty. Ords., Art. 17, Sec. 3 876 occupants of premises and owners of vacant premises to keep clean. Ords., Art. 25, Sec. 71.... 980-1 owner of, to repair same. Acts, Sec. 6 78 pavements in front of unim- proved lots. Ords., Art. 35, Sec. 28.... 1100-1101 penalty for failure to repair. Ords., Art. 35, Sec. 26....1099 poles, signs and wires on. Acts, Sec. 6 79 FOOTWAYS. FORMAL DEFECTS. 1417 Page FOOTWAYS— (Cont’d) . Police Regulations, — dangerous substances on, penalty. Ords., Art. 25, Sec. 96. .. 990 — fruit, etc., substances on, dangerous to pedestrians, penalty. Ords., Art. 25, Sec. 96.... 990 — fruit sellers to post copy of regulations, penalty. Ords., Art. 25, Sec. 97.... 990 — hand carts on, unlawful, penalty, proviso. Ords., Art. 25, Sec. 98.... 991 — horses, mules, etc., on, unlawful, penalty. Ords., Art. 25, Sec. 99.... 991 — sellers of fruit, etc., to post copy of regulations, penalty. Ords., Art. 25, Sec. 97.... 990-1 — sprinkling, restrictions, hours when unlawful, penalty , Ords., Art. 25, Sec. 100.. 991 — vehicles on, prohibited, penalty. Ords., Art. 25, Sec. 99. .. 991 — venders of fruit, etc., to post copy of regulations. Ords., Art. 25, Sec. 97.... 990-1 — washing of, restrictions, hours when unlawful; penalty. Ords., Art. 25, Sec. 100.. 991 — wheelbarrows, etc., on proviso, penalty. Ords., Art. 25, Sec. 98 ... 991 proprietors of lots to grade and pave. Ords., Art. 35, Sec. 28....1100 repairing defective footways ; notice by Comptroller. Ords., Art. 35, Sec. 20.... 1097, 1098 sales on, in markets forbid- den, permit, penalty. Ords., Art. 23, Sec. 37.... 930 slop carts, police regulations. Ords., Art. 25, Sec, 54.... 975 Page FOOTWAYS— (Cont’d) . Police Regulations. — (Cont’d). snow, removal from, person liable, when to remove, notice, penalty. Ords., Art. 25, Sec. 76.... 983-4 tax for cost of repairs, by City Engineer. Ords., Art. 35, Sec. 22....1098 — to be lien on property. Ords., Art. 35, Sec. 23....1099 tax for grading, regulating, etc., same. Acts, Sec. 6 78 — for repairs of. Ords., Art. 35, Secs. 22.. to 25 1098, 1099 temporary footways for pas- sengers ; penalty. Ords., Art. 35, Secs. 37-38 1104 vehicles; Hollins Market, driving vehicles in. Ords., Art. 23, Sec. 91.... 946 wheelbarrows, vehicles, etc., on, unlawful, penalty, pro- viso, Ords., Art. 25, Sec. 98.... 991 widening of. Acts, Sec. 6 note 78 FOREIGN VESSELS, See ‘ "Harbor, Docks and Wha-t ves;' ’ ‘ "Immigrants'’ ' and ""Quarantine Hospi- tal. ' ' Harbor Master’s fees from.... 313 FOREMAN OF JURY, See ""Jurors." FORFEIT CLAUSE, in lighting contracts ; penalty for dead lamps. Ords., Art. 20, Sec. 16 ... 898-9 FORFEITURE OF BAIL, See ""Bail."' FORMAL DEFECTS, court to correct, in condem- nations for sewers, etc. Ords., Art. 33, Sec. 9 1068 FORTUNE TEEEERS. FRANCHISES. 1418 Page FORTUNE TELLERS, See ‘ ‘ Vagrants and Disorder- ly Per sons. classed as vagrants. Acts, Sec. 866 554 and note 554 license of. Acts, Sec. 6 61 FOUNDATIONS, See '''Buildings.''' ' FOUNDLINGS, See ‘ ‘ Charities., Supervisors of City. ’ ’ Acts, Sec. 107 159 FOUNTAINS, Art Commission to approve. Acts, Sec. 202 207 construction of ; public utility to be considered. Ords., Art. 40, Sec. 15....1182 erection — and regulation of. Acts, Sec. 6 65 — of by Water Board. Ords., Art. 40, Sec. 13....1182 pumps to be replaced by. Ords., Art. 40, Sec. 14.. ..1182 FRAME STRUCTURES, See '''Buildings.''' markets — permanent erection of, prohibited in; penalty, proviso. Ords., Art. 23, Sec. 45.... 932 where permitted, proviso. Ords., Art. 3, Sec. 4 600 FRANCHISES, Acts, Secs. 7-13 94-98 certain franchises not to be granted. Acts, Sec. 8 95 city may take over. Acts, Sec. 9 96 compensation for. Acts, Sec. 37 118 compliance with terms of. en- forceable by city. Acts, Sec. 9 96-97 Page FRANCHISES.— (Cont’d) . conditions relating to. Acts, Sec. 37 117 decisions in relation to. Acts, Sec. 8 note 95 duration of, limited. Acts Sec. 9 95, 96 mode of valuing renewals. Acts, Sec. 9 . 96, 97 municipal control and regu- lation of. Acts, Sec. 11 97 renewals of. Acts, Sec. 9 96 “ “ 37 118 title of city thereto inalien- able. Acts, Sec. 6 94 title vested in corporation. Acts, Sec. 2 41 Grants of, —See ' Board of Estimates. ' ' Acts, Sec. 37 117 — advertisement of by Comp- troller. Acts, Sec. 10 97 — application for grant of franchise to be advertised . Acts, Secs. 10, 37 97, 118 -r-Board of Estimates to ad- vertise grant applied for. Acts, Sec. 10 97 — cases cited, and note. Acts, Sec. 37 119 — municipal control to be reserved . Acts, Sec. 11 97 — ordinances embodying. Acts, Sec. 37 117 — repair of streets by street railways to be a condition of grants of franchises in streets. Ords., Art. 30, Sec. 25... 1024 — specific franchises. Acts, Sec. 8 94 — specifications in grants of. Acts, Sec. 9 96, 97 FRANCHISES. FUNERAES. 1419 Page FRANCHISES.— (Cont’d) . Grants of. - (Cont’d). — street railway franchises in annex — duration and conditions of such grants. Acts, Sec. §800a 494, 495 — ^grant of to United Rail- ways and Electric Com- pany ; conditions relat- ing thereto ; proviso as to minimum compensa- tion for grant. Acts, Sec. §800b 495, 496 — terms, conditions, nature and extent of to be set forth in. Acts, Secs. 8, 9 95-9fc> — United Railways and Elec- tric Company ; grants of franchises to in annex. Acts, Sec. §800b 495, 496 FRAUD AGAINST POLICE FUNDS. See ‘ 'Special Police Fund. ’ ’ FRAUD OF LICENSEES, penalty for, in carriage, etc., licenses. Ords., Art. 41, Sec. 81....1226 FRAUDULENT SALES, charcoal, penalty. Ords., Art. 17, Sec. 30.... 885 FRAUDULENT WEIGHTS AND MEASURES, seizure and sale of. Ords., Art. 17, Sec. 21... 883 “FREE CARE,” definition of for water rates to charitable institutions. Ords., Art. 41, Sec. 65 . .1220 FREE LIBRARY, See "Pratt Free Library." Ords., Art. 26, Secs. 1-5 997-1001 FREE PUBLIC BATH COM MISSION, See "Public Baths." Ords., Art. 27, Sec. 1-5.. 1002-03 FRUITS, VEGETABLES, ETC., See ‘ ‘ Street Venders ’ L icenses ’ ’ under "Licenses." Page FRUITS, MEATS, VEGETA- BLES, ETC., power to license and regulate sale. Acts, Sec. 6 51 sales of fruit on Sabbath, in streets, unlawful, penalty. Ords., Art. 31, Sec. 2 1040 such substances prohibited on sidewalks ; penalty. Ords., Art. 25, Sec. 96.... 990 FRONT-FOOT RULE, assessments for grading, pav- ing, curbing, etc. Acts, Sec. 6 77 taxes levied under, for grad- ing, paving, etc., Acts, vSec. 6 77 FULTON AVENUE, cattle, driving through, un- lawful. Ords., Art. 25, Sec. 31.... 968 FUNDS, See "Sinking Funds;" ‘ 'Special Police Fund' ' and ' ' Stocks, Loans and Fi- nance. ' ' city funds — interest on de- posits of in banks. Ords., Art. 6, Sec. 23 705, 706 police department — funds of. {See "Police Commission- ers."') trust funds — city may receive or dispose of. Acts, Sec. 2 42 FUNERALS, driving or crossing line of prohibited ; penalty. Ords., Art. 4, Sec. 26 689, 690 ferries ; to pass free ov^er same. Acts, Sec. 437 304 of firemen — expenses of pay- ment of. Ords., Art. 11, Sec. 11 ... 739 FURNITURE. GARBAGE. 1420 Page FURNITURE, markets — sales of in, prohibit- ed, penalty. Ords., Art. 23, Sec. 41.... 931 wagons — stands for. Ords., Art. 4, Sec. 38 693 for schools’. {See ''‘Schools."^ Acts, Sec. 99 153 FURNACES AND HEATING APPARATUS, See '‘‘Buildings sub-title ‘ ‘ Chimneys, Flues and Heating Apparatus. ’ ’ GAME AND FISH LAWS, markets; posting in, penalty for defacing. Ords., Art. 23, Sec. 42.. 931 GAMES ON SABBATH, ball, quoits, kites, etc., un- lawful, penalty. Ords., Art. 31, Sec. 3.. ..1041 GAMING, fines and penalties; recovery and accounting of. Ords., Art. 12, Sec. 7.... 770 horse racing for gaming pur- poses prohibited; penalty. Ords., Art. 12. Sec. 5.... 769 licensed houses or ordinaries; penalty for gaming in. Ords., Art. 12, Sec. 2.... 768 long bullets; game of pro- hibited; penalty. Ords., Art. 12, Sec. 6 .... 769 penalty for fraudulent gam- ing. Ords., Art. 12, Sec. 1.... 767 police to give information to Mayor. Ords., Art. 12, Sec. 4, 768-69 police to suppress; procedure, penalty for resisting police. Ords., Art. 12, Sec. 4.... 769 tables for gaming; penalty for keeping. Ords., Art. 12, Sec. 3.... 768 Page GANG PLANKS, See ‘‘‘‘Harbor, Docks and Wharves. ’ ’ Ords., Art. 13, Sec. 28, 783-4 GARBAGE AND STREET DIRT, See "Health" and "Street Cleaning' ' under sub-head- ing — ‘ ‘ Commissioner o f Street Cleaning." Ords., Art. 14, Sec. 107, 829-830 Carts, Carters and Re- moval of Garbage and Street Dirt, — carters, neglect of to re- move, penalty. Ords., Art. 25, Sec. 42.. 972 — carts, private, sign, bell or horn on, prohibited, penalty. Ords., Art. 25, Sec. 41.. 971 — cleanliness of carts, re- quirements for. Ords., Art. 25. Sec. 43.. 972 — collection of garbage; supervision and regula- tion of. Ords., Art. 36, Sec. 2, 1140-1141 — covering, tightness of carts. Ords., Art. 25, Sec. 44.. 972 Ords., Art. 36, Sec. 12.. 1144 — driving regulations, rules for drivers. Ords., Art. 25, Sec. 43.. 972 — drivers to use care in handling. Ords., Art. 25, Sec. 45.. 973 — general hauling, carts, etc., for, to be tight, penalty. Ords., Art. 25, Sec. 48, 973-4 — handling garbage, drivers to use care. Ords., Art. 25, Sec. 45. 973 — hauling, generally, carts to be tight, penalty. Ords., Art. 25, Sec. 48, 973-4 — insecure or overloaded vehicles prohibited. Ords., Art. 25, Sec. 46.. 973 — neglect of drivers, police to report. Ords., Art. 25, Sec. 49.. 974 GARBAGE. GAS COMPANIES. 1421 GARMENTS, WEARING APPAREL, ETC., Page Page GARBAGE, Etc.— (Cont’d). Carts, Carters, Etc. — (Cont’d). — overloading vehicles and spilling contents pro- hibited. Ords., Art. 25, Sec. 46.. 973 — penalties imposed for violations, proviso. Ords., Art. 25, Sec. 47.. 973 — permits for removal of garbage. Ords., Art. 14, Sec. 109, 830 — police to report neglect of drivers. Ords., Art. 25, Sec. 49. 974 — private carts, sign, bell or horn on, prohibited, penalty. Ords., Art. 25, Sec. 41.. 971 — removal of garbage, penal- ty for neglect of driver. Ords., Art. 25, Sec. 42.. 972 — removal of garbage; pro- visions relating to. Ords., Art. 14, Sec. 108, 830 — specifications for carts. Ords., Art. 25, Sec. 44.. 972 — spilling offal on streets, drivers to remove. Ords., Art. 25, Sec. 46.. 973 — stable manure, spilling on streets, penalty. Ords., Art. 25, Sec. 47.. 973 Miscellaneous Provisions, boxes for; placing at street corners by private persons. Ords., Art. 36, Sec. 10 ...1144 dumps for — burning at for- bidden, penalty. Ords., Art. 14. Sec. 107, 829-830 final disposition authorized by agreement with Mayor and City Council. Acts, Sec. §841u 545-546 — receptacles used in, to be closed and covered. Acts, Sec. §841u 546 — to be between one and five o’clock A. M. Acts, Sec. §841u 547 removal of, {See ‘ '‘Street Cleaning."') rubbish, litter, etc., boxes for, on streets, prohibited, penalty, proviso. Ords., Art. 25, Sec. 70.... 980 malicious distruction of. Acts, Sec. 401 297 GARMENT WORKERS, See ''‘Fire Escapes'' GAS AND OILS, ILLUMINA- TING, gas of inferior quality; penal- ty for furnishing, proviso. Ords., Art. 20, Sec. 27, 902-3 inspection of, {See "Lamps and Lighting, ' ' sub-title '‘'‘Assistant Superintendent of.") Ords., Art. 20, Secs. 24- 30 901-03 GAS AND WATER PIPES, inspection of laying of. Ords., Art. 35, Sec. 10, 1093-94 GAS BILLS FOR CITY LIGHTING, Superintendent of Lamps and Lighting to certify to. Ords., Art. 20, Sec. 4 894 GAS COMPANIES, Anne Arundel County, none to be formed in, except in Annapolis. Acts, Sec. 458 312 Baltimore County, none to be formed in. Acts, Sec. 458 312 candle power of gas. Acts, Sec. 462 312 charters annulled, exception. Acts, Sec. 460 312 forming of, restricted. Acts, Sec. 458 312 illuminating power of gas. Acts, Sec. 462 312 mains, laying of, restricted. Acts, Sec. 459 312 — Superintendent of Lamps and Lighting to super- vise. Ords., Art. 20, Sec. 4.... 894 GAS COMPANIES. GENERAL POWERS. 1422 Page I GAS COMPANIES.— (Cont’d) . i note case cited 312 overcharges by, prohibited. Acts, Sec. 542 340 price of gas. Acts, Sec. 461 312 purity requirements for gas. Acts, Sec. 462 312 repair of street surface by. Ords., Art. 35, Sec. 112, sale of gas. Acts, Sec. 459.... 312 testing gas, specifications for. Acts, Sec. 462 312 trenches of. Ords., Art. 35, Sec, 111.1134 GAS, GASOLINE AND STEAM ENGINES AND MACHINERY, See ‘ Inspector of Buildings, ’ ’ svb-title '‘'Steam, Gas and Gasoline Engines and Ma- chinery. ’ ’ Ords. , Art. 3, Secs. 138-149 652-657 GAS LIQUORS AND RE- FUSE, in sewers, prohibited; pen- alty. Ords., Art. 33, Sec. 25, 1074-5 discharge of, — in harbor pro- hibited; penalty. Ords., Art. 13, Sec. 23.... 782 GAS MAINS, report to City Council of number of feet laid annual- b"- Ords., Art. 20. Sec. 4 894 GAS METERS, See "Lamps and Lighting." Acts, Secs. 541-543. ...339-340 consumer may cause same to be tested; rule governing such tests. Acts, Sec. 543 340 Page GAS METERS. — (Cont’d). inspection of. Ords., Art. 20, Secs. 6- 14 895-898 installation by gas companies required. Acts, Sec. 541 339-340 sealing, etc., of new meters, fee; penalty for use with- out inspection. Ords., Art. 20, Sec. 9 896 GAS PIPES, ETC., u.se of streets by. Acts, Sec. 6 80 GASOLINE, NAPHTHA AND BENZINE, See "Fire Regulations." cooking purposes — regulating use of, for. Ords., Art. 11, Sec, 77.... 763 lamps — change to gas, by Superintendent of Lamps and Lighting. Ords., Art. 20, Sec. 5 895 lamps and lighting, use for illumination. Ords., Art. 20, Sec. 29 ... 903 GAS, SEWER AND WATER CONNECTIONS, permits for. Ords., Art. 35, Sec. 109, 1133-34 GAUGERS OF CASKS AND LIQUORS, See ‘ 'Inspections, Weights and Measures. ’ ’ GAUGING, See "Inspections, Weights a?id Measures. ’ ’ GENERAL ASSEMBLY, deaf, dumb and blind. Gov- ernor’s report of disburse- ment for. Acts, Sec. 400 297 GENERAL POWERS, See under the several specific powers. GENERAL REVISION. GRADE LINES. Page 1423 Page GENERAL REVISION OF ASSESSMENTS, to be made every five years. Acts, Sec. 164A 181 GEODETIC AND TOPO- GRAPHICAL SURVEYS, See ‘ ‘ Topographical Survey^ ’ ’ Ords., Art. 39, Secs. 1-11, 1171-74 GERMAN NEWSPAPERS, publications in required. Ords., Art. 1, Sec. 43...... 585 GERMAN SOCIETY OF MARYLAND, immigrants, commutation money, disbursement of. Acts, Sec. 528 335 — penalties for misappropria- tion thereof. Acts, Sec. 529 336 GERMAN STREET, vehicles; stands for prohibited Ords,, Art. 4, Sec, 38 693 GIFTS OR BEQUESTS TO SPECIAL POLICE FUND, See "‘Special Police Fund." GILMOR STREET, cattle driving through, pro- hibited, Ords., Art. 25, Sec. 25.... 967 GOATS, ETC., AT LARGE, killing and seizure by an3’one lawful, penalty for owner. Ords., Art. 25, Sec. 9 963 GOODS, WARES AND MERCHANDISE, auction sales of, in streets. Ords., Art. 2, Sec. 2 589 malicious destruction of. Acts, Sec. 401 297 GOVERNOR, Collector of State Taxes — when appointment may be made by Governor. Acts, Sec. 56 GO VERNOR.— ( Cont ’ d . ) deaf, dumb and blind, re- port to General Assembly of disbursements for. Acts, Sec, 400 .297 examining engineers, ap- pointment. Acts, Sec. 426... 298 GRADE CROSSINGS, See "Railroads and Rail- ways." railroad — safety gates at. Acts, Sec. 791 488-9 GRADED LISTS, See ‘ 'Police Examiners, ’ ’ and "Teachers." Acts, Sec. 101 155 GRADE LINES OF STREETS, See "Health," "Streets and City Engineer," "Streets, Bridges and Highways" and "Topographical Sur- vey. ’ ’ building permits not to be issued until established. Ords., Art. 35, Sec. 51.. .1109 change of, general po.wer. Acts, Sec. 6 74 City Surveyor to fix establish- ment and changes of. Ords., Art. 35, Secs. 41- 42 1105 establishment of — by proper officer. Ords., Art. 35, Sec. 50....1108 — general powers of city. Acts, Sec. 6 74 — notice before establishing. Ords., Art. 35. Sec. 43. .1106 new buildings to conform to. Ords., Art. 35, Sec. 52....1109 penalty for building in viola- , tion of. Ords., Art. 35, Sec. 53. .1109 private alleys ; establishment of lines. Ords., Art. 35, >Sec. 45.... 1106-1107 131 GRADES AND GRADE LINES. 1424 GRADING AND PAVING. Page GRADES AND GRADE LINES OF STREETS, See '‘"Health;" Streets and City Engineer" '‘"Streets, Bridges and Highways" and ""Topographical Sur- vey. ’ ’ Ords., Art. 39, Sec. 1 1171-1172 alterations of grade for rail- road tracks. Acts, Sec. 6 66 appeals from decisions of City Engineer. Ords., Art. 35, Sec. 47.... 1107, 1108 — bond of appellant. Ords., Art. 35, Sec. 48. ...1108 — expenses of appeal. Ords., Art. 35, Sec. 49.. .1108 GRADING, PAVING, ETC., STREETS, See " "A ssessments ” “ City Collector;" ""City Regis- ter;" ""Comptroller;" ""Streets and City Engi- neer ;" ""Streets., Bridges and Highways ; ’ ’ “ Taxes ’ ’ and " " Topographical Sur- vey. ’ ’ General Provisions, advertisement of deposit of proceedings. Ords., Art. 35, Sec. 68 ..1116 appeals to City Court. Acts, Sec. 6 75 — to Court of Appeals. Acts, Sec. 6 76 assessments for cost of work. Acts, Sec. 6 75 Ords., Art. 35, Sec. 74.1119 — under general ordinance. Acts, Sec. 6 77 contractors ; payment of for work of. Ords., Art. 35, Sec. 75 1119, 1120 decisions relating to. foot-note 75 general ordinance for. Acts, Sec. 6 76 Page GRADING, — Etc.— (Cont’d). General Provisions. — (Cont’d). inspection of work by City Engineer. Ords., Art. 35, Sec. 10 1093-1094 Jones’ Falls improvements. Acts, Sec. 6 60 notice of levy of tax. Ords., Art. 35, Sec. 76 ..1120 on application o f owners under general ordinances. (^See this title under " "Streets and City Engineer"'). Acts, Sec. 6 76 Ords., Art. 35, Secs. 54- 61 1110-1112 owners liable for tax for. Ords., Art. 35, Sec. 74 ..1119 private alleys in state of nuisance. Ords., Art. 35, Sec. 45 1106-1107 special ordinances for. {See ""Streets and City Engineer ’ ) . Ords., Art. 35, Secs. 89- 100 1125-1130 Acts, Sec. 6 75 — hearing before passing same. Acts, Sec. 6 75 — notice before passing same. Acts, Sec. 6 75 tax for collection of. Ords., Art. 35, Secs. 75, 76 1119-1120 — list of owners liable for. Ords., Art. 35, Sec. 75.1119 void ordinances ; refund of assessments under. Ords., Art. 35, Sec. 97. .1129 In Annex by Owners, — assessments for ; account- ing of moneys from. Ords., Art. 35, Sec. 721117 — bond of owners to indem- nify city. Ords., Art. 35, Sec. 73 ....1118-1119 — cross streets ; paving by city required. Ords., Art. 35, Sec. 731118 GRATUITIES. GRADING AND PAVING. 1425 Page GRADING, Etc.— (Cont’d). In Annex by Owners. — (Cont’d). — fund created by Act 1904, ch. 274. Ords., Art. 35, Sec. 72 1117 — m i n i m u m area to be paved. Ords., Art. 35, Sec. 731118 — selection of paving by owners. Ords., Art. 35, Sec. 731118 — uniformity required in. Ords., Art. 35, Sec. 731118 In Annex on Application of Owners, — appeals from assessments for. Ords., Art. 35, Sec. 681116 — application of owner; when Mayor maj^ sign. Ords , Art. 35, Sec. 641113 — applications of owners who mav sign. Ords., Art. 35, Sec. 641113 — deposit of proceedings. Ords., Art. 35, Sec. 68 1116 — assessments ; City Court to review. Ords., Art. 35, Sec. 701116 — collection of. Ords., Art. 35, Sec. 71 ..1117 — correction of. Ords., Art. 35, Sec. 67. .1115 — hearing for review of. Ords., Art. 35, Sec. 67 ..1115 — li.st of own-ers assessed. Ords., Art. 35, Sec. 67 ..1115 — review of. Ords., Art. 35, Sec. 70 ..1116 — transfer of to City Collector. Ords., Art. 35, Sec. 71.1117 — benefits assessed ; to be lien. Ords., Art. 35, Sec. 66.1115 — lien of. Ords., Art. 35, Sec. 67.1116 — when payable. Ords., Art. 35, Sec. 71 ..1117 — in paving in annex; de- ferring payment of. Ords., Art. 35, Sec. 66.1114 — Commissioners for Open- ing Streets; powers of. Ords., Art. 35, Sec. 62 1112-1113 — cross streets ; city to pa}' cost of. Ords., Art. 35, Sec. 651114 Page GRADING, Etc.— (Cont’d). In Annex on Application of Owners. — (Cont’d) . — front foot rule to govern assessments. Ords., Art. 35, Sec. 621113 notice of application of . owners. Ords., Art. 35, Sec. 63 1113 — assessment. Ords., Art. 35, Sec. 69 1116 — review ; advertisement of. Ords., Art. 35, Sec. 671115 — owners may request ; duty of commissioners. Ords., Art. 35, Sec. 62 1112-1113 — sidewalks, cost of. Ords., Art. 35, Sec. 62 ..1113 — tax pro rata with front feet against owners. Ords., Art. 35, Sec. 65 1114 GRAIN BROKERS, license for. Acts, Sec. 694 424 GRAND JURY, See ^'‘furors.'' 361 investigation of facilities for egress and exit from build- ings of public assemblage. Acts, Sec. 280 252 licenses ; Sheriff to furnish list. Acts, Sec. 701 427-428 presentment to be endorsed with name of prosecuting witness. Acts, Sec. 343 279 witnesses, how sworn. Acts, Sec. 339 278 GRANTS AND FRANCHISES, See "‘Franchises.'''' GRASS OR SHRUBBERY, trespass on; police regula- tions. Ords., Art. 25, Sec. 60.... 977 GRATUITIES, See "Police Commissioners.''^ GRAVES. 1426 HACKNEY CARRIAGES. Page GRAVES, See ''Health.'''’ Ords., Art. 14, Sec. 113.. 831 depth of in Potter’s Field;pen- alty. Ords,, Art. 14, Sec. 136 838-839 GREEN SPRING AVENUE ROAD, city to assume jurisdiction of. Acts, Sec. 6 63 deed for. Acts, Sec. 6 64 to keep in repair. Acts, Sec. 6 63 vehicles on. Acts, Sec. 6 63 GROCERS, liquors; sales by. {See " Liq- uor Licenses.''’') GROUND RENTS, sinking fund, monies of in- vested in. Ords., Art. 34, Sec. 16. .1082 GROUNDS FOR ICE PONDS, use of prohibited without permit from the Commis- sioner of Health. Ords., Art. 14, Sec. 116.. 832 GUARDIANS, property in hands of ; Reg- ister of Wills to report. Acts, Sec. 168 183 GUNPOWDER, See "Fire Regulations.'''’ storage of. Acts, Sec. 6 50 GUNPOWDER FALLS, introduction of water from. Acts, Sec. 6 92 GUTTERS, See "Buildings.'''’ cleaning to be done by owner or occupier of fronting property ; penalty. Ords., Art. 25, Sec. 51 .. 974 Page GUTTERS.— (Cont’d). flushing of. Ords., Art. 40, Sec. 16 1182-1183 Gutters and Spouting, — penalty for failure to pro- vide, on buildings. Ords., Art. 3, Sec. 8 .... 602 — ice and snow, removal from. Ords, Art. 25, Sec. 76 983-984 Ords., Art. 36, Sec. 15 ..1145 — obstruction of, by articles of trade or business, pen- alty, proviso. Ords., Art. 25, Sec. 67 .. 979 Plates For, — weight to be stamped on. Ords., Art. 35, Sec. 10....1094 —cases cited. Note 1094 water from, not to be thrown in streets; penalty. Ords., Art. 25, Sec. 50.. 974 HACKNEY CARRIAGES AND COACHES, See "Licenses" and "Vehi- cles.” appeals in cases involving re- covery of penalties relating to. Acts, Sec. 289 256 bond to stay execution. Acts, Sec. 289 256 jury trial of appeals. Acts, Sec. 289 256 collection of penalties relating to; appeal provided. Acts, Sec. 288 256 defined. Acts, Sec. 6 47 drivers to inform passengers of number and fare; pen- al t}^ Acts, Sec. 283 254-255 extortion by drivers; penalty. Acts, Sec. 284 255 informer to receive half fine. Acts, Sec. 286 256 HACKNEY CARRIAGES. 1427 HARBOR, DOCKS, ETC. Page I HACKNEY CARRIAGES AND COACHES.— (Cont’d). license and numbers for. Ords., Art. 41, Secs. 75-84 1223-27 not using public stands. Acts, Sec. 285 255 number of to be displa}’ed. Acts, Sec. 282 254 owner to report increase of number operated. Acts, Sec. 287 256 penalties for violations relat- ing to. Acts, Sec. 282. .. 254 Acts, Sec. 283 254-255 Acts, Sec. 284 255 Acts, Sec. 286 256 Acts, Sec. 287 256 Acts, Sec. 288 256 pow'er to license. ' Acts, Sec. 6 47 i — to regulate. * j Acts, vSec. 6 47 Page HAUBERT STREET WHARF, See '’'‘Ferries." HAND ORGANS, street pianos, etc., not to play after 10.30 P. M.; penalty. Ords., Art. 25, Sec. ill, 995 HANOVER MARKET, provisions relating to. Ords., Art. 23, Secs. 86-89 944-945 HANOVER STREET, vehicles; stands for prohibit- ed. Ords., Art. 4, Sec. 33.... 691 HARBOR BOARD, See "Harbor, Docks and Wharves. ’ ’ Ords., Art. 13, Sec. 1... 772 Harbor Engineer; duties. Acts, Sec. 88 148 — to be president of. Acts, Sec. 88 147 rates of fare chargeable by owners; proviso, Acts, vSec. 281 253-254 — to be fixed b}’ Board Police Commissioners. Acts, Sec. 281 253 special licenses — applications for; contents of application; penalty. Acts, vSec. 287 256 — when applicable. Acts, Sec. 285 255 — restrictions in relation to such licenses; penalty. Acts, vSec. 286 255-256 HACKS, CABS, GIGS, SUL- KEYS AND CARRYALLS, See ‘ 'Hackney Carriages and Coaches'' and "Vehicles." HALLS, of schools— renting Eastern and Western High School | Halls. ! Ords., Art. 32, Secs. 2-3..1044 | over market houses — balls or soirees not to be held in . Ords., Art. 23, vSec. 11.... 922 harbor, wharves, and navi- gable waters, to have charge of. Acts, Sec. 88 147 Public Improvements, De- partment of; board member of. Acts, Sec. 84 143 subordinates; appointment of by Harbor Engineer; board to approve appointments. Acts, Sec. 88 147 HARBOR, DOCKS AND WHARVES, Anchorages, — No. 1; limits of. Ords., Art. 13, vSec. 5.... 773 — No. 2; limits of. Ords., Art 13, Sec. 6 .... 774 — No. 3; limits of. Ords., Art. 13, vSec. 7.... 774 — No. 4; limits of. Ords., Art, 13, Sec. 8 .... 774 — Nos. 1, 2, 3 and 4 to be marked by buoys by Harbor Board. Ords., Art. 13, vSec. 4.... 773 HARBOR, DOCKS, KTC. 1428 HARBOR. DOCKS, ETC. Page HARBOR, DOCKS, Etc.(— Cont’d). Anchorages. — (Conf d) — regulations for use of. Ords., Art. 13. Sec. 9.... 775 — vessels within not to ob- struct passage of other vessels; removal; penal- ty- Ords., Art. 13, Sec. 9.... 775 — vessels within to show white light between sun- set and sunrise. Ords., Art. 13, Sec. 9.... 775 ashes from tow-boats; re- moval of; disposal of. Ords., Art. 13, Sec. 26..., 783 Assistant Harbor Masters — accounts of. Ords., Art. 13, Sec. 15, 777-778 — appointment of ;compensa- tion. Ords., Art. 13, Sec. 2 772-773 — collection for dockage and wharfage made by. Ords., Art. 13, Sec. 15 777-778 — expenses of. Ords., Art. 13, Sec. 15 777-778 bills of lading — vessels load- ing to furnish. Ords., Art. 13, Sec. 18 779-780 bulkhead and pierhead lines, limits of. Ords., Art. 13, Sec. 10.... 775 cleaning docks — notice from Commissioner of Health; penalty; expenses. Ords.. Art. 13, Sec. 22.... 781 — removal of deposits from docks. Ords., Art. 13, Sec. 21 ... 781 Dockage and Wharfage, — vessels subject to payment of; to show license. Ords., Art. 13, Sec. 18 779-780 — daily collection of; dues for. Ords.. Art. 13, Sec. 15 777-778 Page HARBOR, DOCKS, Etc.— (Cont’d). Dockage, Etc. — (Cont’d). — rates per diem for. Ords., Art. 13, Sec. 16 778 — to be paid by vessels load- ing; penalty for non- payment. Ords., Art. 13, Sec. 18 779-780 — vessels required to pay same; penalty. Ords., Art. 13, Sec. 18 779-780 Docks, —authority of Harbor Mas- ter, when to be exer- cised. Acts, Sec. 468 314 — City Dock, improvement of. Acts, Sec. 467 314 — docks, obstruction of, pen- alty. Acts, Sec. 469 315 — Harbor Master, when to remove vessels. Acts, Sec. 468 314 — made land, city’s title to. Acts, Sec. 467 314 — notice to obstructing ves- sels. Acts, Secs. 469-470 315 — obstructing vessels at docks, penalty. Acts, Sec. 468 314 — obstructing docks, penalty. Acts, Secs. 469-470 315 — penalties, recovery of. Acts, Sec. 471 316 — violation of permits to enter docks. Ords., Art. 13, Sec. 33.. 785 — permits to enter. Ords., Art. 13, Sec. 33.. 785 — penalty for violating re- quirements of. Ords., Art. 13, Sec. 33.. 785 — police, powers of. Acts, Secs. 468-470.. ..314-15 — private docks; entering, penalty. Acts, Sec. 469 315 fines and penalties — collec- tion of. Ords., Art. 13, Sec. 35.... 786 — for breach of ordinances. Acts, Sec. 6 52 HARBOR. DOCKS. ETC. 1429 HARBOR, DOCKS, ETC. Page HARBOR, DOCKS, Etc.— (Cont’d). gang planks, provisions relat- ing to; penalty. Ords., Art. 13, Sec. 28.... 783, 784 general powers. Acts, Sec. 6 51 Harbor, — alteration of wharves. Acts, Sec. 463 313 — basin, obstruction of. Acts, Sec. 463 313 — channel, diverting. Acts, Sec. 463 313 — demolition of wharves by city. Acts, Sec. 464 313 — extension of wharves, con- sent of Board. Acts, Sec. 463 313 — fees of Harbor Master. Acts, Sec. 465 313 — foreign vessels, charges on. Acts, Sec. 465 313 — Harbor Master, fees of. Acts, Sec. 465 313 — penalty for obstruction or injury to. Acts, Sec. 464 313 — private wharves, vessels at. Acts, Sec. 470 315 — recovery of charges on foreign vessels. Acts, Sec. 466 313 — title of city to made land. Acts, Sec. 467 314 — vessels defined. Acts, Sec. 470 315 — vessels obstructing docks, etc. Acts, Secs. 468-70 314-15 — vested rights not disturb- ed. Acts, Sec. 467 314 — to direct Harbor Engineer. Ords., Art. 13, Sec. 1 772 — to mark anchorages, Nos. 1, 2, 3 and 4, by buoys. Ords., Art. 13, Sec. 4 773 — work of contractors; Board to supervise. Ords., Art. 13, Sec. 3 773 Page HARBOR, DOCKS, Etc.— (Cont’d). Harbor Engineer. duties of, oath and bond of. Ords., Art. 13, Sec. 1 772 — subordinates; duties, oaths and bonds of. Ords., Art. 13, Sec. 1 772 Harbor Master, — accounts of; expenses of. Ords., Art. 13, Sec. 15 ... 777, 778 — berths for vessels ; to keep free passage in docks. Ords., Art. 13, Sec. 33.... 785 — daily collection of dues for dockage and wharf- age by. Ords., Art. 13, Sec. 15.... 777, 778 — goods on wharves — remov- al of. Ords., Art. 13, Sec. 17.... 778, 779 — penalty for interfering with . Ords., Art. 13, Sec. 35.... 786 — to fix wharf and pier regu- lations. Ords., Art. 13, Sec. 30.... 784 —time of vessels at wharves. Ords., Art. 13, Sec. 16.... 778 Ice Boat, — accounts of. Acts, Sec. 485 319 — annual report on. Acts, Sec. 485 319 — commerce, use in aid of. Acts, Sec. 483 318 — Comptroller of Treasury — report on to. Acts. Sec. 485 319 — control of by Harbor Board. Acts, Sec. 480 318 — crew of. Acts, Sec. 481 318 — expenses of. Acts, Sec, 484 319 — ice, removal of by. Acts, Sec. 485 319 — maintenance of. Acts, Sec. 480 318 — officers of. Acts, Sec. 481 318 — operations of iceboat, an- nual report on. Acts, Sec. 485 319 HARBOR AND DOCKS. 1430 HARBOR AND DOCKS. Page HARBOR, DOCKS, Etc.— (Cont’d). Ice Boat. — (Cont’d). — rates of towage, etc., of vessels. Acts, Sec. 483 318 — receipts of iceboat, appli- cation of. Acts, Sec. 483 318 — relief of vessels. Acts, Sec. 482 318 •obstructions in harbor — re- moval sunken vessels; costs of ; penalty, Ords., Art. 13, Sec. 19.... 780 obstructions to navigation — penalty for setting same adrift. Ords., Art. 13, Sec. 20.... 781 — provisions relating to; penalty for violation. Ords., Art. 13, Sec. 20 ... 780, 781 — securing and sale of, by Harbor Board. Ords., Art. 13, Sec. 20.... 780 — vessels not to obstruct other vessels ; penalty. Ords., Art. 13, Sec. 32.... 785 pollution — and obstruction of harbor and basin. | Acts, Sec. 6 51, 52 I —of harbor; gas liquors not J drain into harbor ; penal- i ty. ; Ords., Art. 13, Sec. 23.... 782 | — of Patapsco River ; provi- j sions, relating to ; penal- ty for violation of. | Ords., Art. 13, Sec. 24. .. 782 i power to clean and deepen basin, docks and harbor. 1 Acts, Sec. 6 51, 52 Private Wharves, . — owners of to be given notice to repair or rebuild. Ords., Art. 13, Sec. 12.... 776, 777 — repair of. Ords., Art. 35, Sec. 84....1122 — when Harbor Board shall repair ; penalty. Ords., Art. 13, Sec. 12.... 776, 777 Page HARBOR, DOCKS, Etc.— (Cont’d). public wharves — Harbor Board to repair and rebuild same. Ords., Art. 13, Sec. 12.... 776, 777 rigging of vessels — regula- tion of ; penalty. Ords., Art. 13, Sec. 34.... 786 Speed of Vessels, — regulation of ; penalty for violations. Ords., Art. 13, Sec. 29.... 784 sunken vessels ; removal of ; costs of removal ; penalty. Ords., Art. 13, Sec. 19.... 780 surveys and charts of. Acts, Sec. 6 51 swimming in harbor ; penalty for indecent exposure. Ords., Art. 13, Sec. 25.... 782 vessels — speed of regulated ; penalty. Ords., Art. 13, Sec. 29 ... 784 Wharves and Piers, —extension of without per- mit, prohibited; penaltv. Ords., Art. 13, Sec. 11.'... 776 — goods on to be removed on order of Harbor Master, Ords., Art. 13, Sec. 17.... 778. 779 — use of wharves facilitated; obstruction of prohibited; penalty. Ords., Art. 13, Sec. 30.... 784 Wharves and Wharfage, — charges for wood on State wharves. Acts, Sec. 479 317 — collection of wharfage by city. Acts, Sec. 476 317 — cord wood, excessive wharfage on, penalty. Acts. Sec. 477 317 — cord wood, on Pratt .street wharf. Acts, Sec. 473. 316 HAY AND STRAW. HARBOR. DOCKS, ETC. 1431 Page HARBOR, DOCKS, Etc.— (Cont’d). Wharves, Etc. — (Cont’d). — cord wood, on State wharves. Acts, Sec. 478 317 — cord wood, wharfage on. Acts, Sec. 477 317 —fruits, fish and vegetables to be removed when a nuisance ; penalty, Ords., Art. 13, Sec. 13 ... 777 — informer, fines to. Acts, Sec. 473 316 “ “ 477 317 — ^Justices of the Peace to re- turn fines to State Treas- urer. Acts. Sec. 475 316 — lumber and wood on Pratt street wharf, penalty. Acts, Sec. 472 316 — Pratt st., wharf, regula- tions of lumber and wood. Acts, Sec. 472 316 — rates of wharfage. Ords., Art. 13, Sec. 17. .. 778-79 — for goods reshipped. Ords., Art. 13, Sec. 17 ... 778-79 — recovery of fines. Acts, Sec. 474 316 — regulations of public wharves. Acts, Sec. 476 317 — return by Justices of the Peace to State Treasurer of fines. Acts, Sec. 475 316 — lime ves.sels remain at wharves. Acts, Sec. 478 317 — Tobacco Inspector’s per- mission to land wood on State wharves. Acts, Sec. 478 317 — Tobacco Inspector, fees of. Acts, Sec. 479 317 — unclaimed merchandise and perishablearticleson. Ords.. Art. 13, vSec. 13.... 777 — vessels at wharves, retail- ing from. Ords., Art. 13, Sec. 31.... 784-785 — wharfage charges. Acts, Sec. 476 317 — wood on State wharves. Acts, Sec. 478 Page HARBOR ENGINEER, See "‘Harbor, Docks and Wharves. ’ ’ Ords., Art. 13, Sec. 1 772 qualifications, salary. Acts, Sec. 88 147 subordinates of Water Board ; appointment of and com- pensation. Acts, Sec. 88 148 HARBOR MASTER, See "Harbor, Docks and Wharves. ’ ’ Acts, Sec 313 Ords., Art. 13, Sec. 2 772, 773 appointment of. Acts, Sec. 6 52 Sec. 34 Ill violation of quarantine regu- lations ; report of by. Ords., Art. 14, Sec. 178.. 858 HAWKERS, HUCKSTERS AND PEDDLERS, See ‘ '‘Justices of the Peace. ’ ’ fruits and vegetables. {See ‘ ‘ Street Venders ’ L icenses, ’ ’ under Licenses. ’ ’ ) license of. Acts, Sec. 6 61 HAWKING GOODS, in streets — unlawful after ten o’clock, p. m., penalty. Ords., Art. 25, Sec. 91.... 988-9 HAY AND STRAW, See ‘ ‘ / nspections. Weights and Measures. ’ ’ keeping for sale, buildings for, penalty. Ords., Art. 11, Sec. 61.... 756-7 sale of. Ords., Art. 17, Sec. 1.. . 875-6 weighing and inspection of. {See ‘ '‘Inspections, Weights and Measures."') 317 HAY SCALES. health. 1432 Page HAY SCALES, storage charges at State hay scales. Acts, Sec. 562. 346 HEADS OF DEPARTMENTS, authority to pass rules and regulations. Acts, Sec. 31 108 estimates to Board of Esti- mates. Acts. Sec. 36 114 Finance, Department of. Acts, Sec. 32 110 meetings of boards composing heads of departments. Acts, Sec. 31 108 minority membership of bodies forming. Acts, Sec. 30 107 participation in discussions in First Branch. Acts, Sec. 29 107 power to appoint subordinates Acts, Sec. 28 107 privilege of floor in First Branch. Acts, Sec. 29 107 privileges of presidents of boards. Acts, Sec. 29 107 reports to Mayor. Acts, Sec. 24 104 tenure of office. Acts, Sec. 27 107 HEALTH, See '‘''Commissioner of Health;" ""Licenses;" ‘ ''Nuisances;'' ’ ‘ ''Privies; ’ ’ ‘ 'Quarantine Ho spit at" and' ‘ Tenement and Lodging Houses. ’ ’ General Provisions. ashes and sand, deposit of, in streets, prohibited, penalty, proviso. Ords., Art. 25, Sec. 37, 970 Page HEALTH.— (Cont’d). General Provisions. — (Cont’d). — in streets, police r e g u 1 a- tion. Ords., Art. 25, Secs. 37-38 970-971 Assistant Commissioner of, duties of. Ords., Art. 14, Sec. 4, 797 — one to be designated Quar- antine HospitalPhj^sician . Ords , Art. 14, Sec. 4, 797 — Assistant Medical Examin- er, duties of, Ords., Art. 14, Sec. 3, 797 badges for health officers, form and character of. Ords., Art. 14, Sec. 7, 798 — to be worn on duty. Ords., Art. 14, Sec. 6, 798 — unauthorized use, penalty. Ords., Art. 14 Sec. 8, 798 bones, dealing in allowed, proviso. Ords., Art. 14, Sec. 92, 825 boxes for garbage, rubbish, etc., on streets, prohibited, penalty, proviso. Ords., Art. 25, Sec. 70, 980 burial permits, provisions re- lating to. Ords., Art. 14, Sec. 184, 860 cargoes infected with disease- landing in city prohibited, cleaning of vessel, penalty. Ords., Art. 14, Sec. 166, ..850-851 cellars, entrance to, not to be denied Commissioner of Health, penalty. Ords., Art. 14, Sec. 93, 826 — filling up same when in state of nuisance. Ords., Art. 14, Sec. 94, 826 — regulation of. Acts, Sec. 6 53 cess-pools, drainage of. Ords., Art. 14, Sec. 145, 841-842 — permits to empty. Ords., Art. 14, Sec. 144, 841 health. health. Page 1433 Page HEALTH.— (Cont’d). General Provisions. — (Cont’d). chemical laboratories — e r e c- tion, consent of city re- quired. — prevention of erection of by ordinance. Acts, Sec. 493 321 children ’ s playgrounds — Chil- dren’s Playground Associa- tion. — contracts for establishing. — United Women of Mary- land. Acts, Sec. §493a, 321 dangerous and unhealthy sub- stances in streets, penalty, proviso. Ords., Art. 25, Sec. 69, 980 dead bodies — burial within 4 day s — required, penalty, proviso. Ords., Art. 14, Sec. 194, 864 — duties of companies trans- porting, penalty. Ords., Art. 14, Sec. 187, 861 — permits for conveyance of. Ords., Art. 14, Sec. 187, 861 deposits of dirt, ice sand, snow, on Park Avenue, prohibited, penalty. Ords., Art. 25, Sec. 38, 971 digest of decisions of Court of Appeals relating to. note 53-57 docks - cleaning of, when in state of nuisance. Ords., Art. 13, Sec. 22, 781 docks or wharves— infected articles not to be landed at. Ords., Art. 14, vSec. 15, 801 drain pipes, breach of permits for; penalty. Ords., Art. 14, Sec. 131, 837 Ibid., Sec. 134 838 — not to be put into city wells; penalty. Ords., Art. 14, Sec. 151, 843 — permits for, to be obtained from Commis.sioner o f Health. Ords., Art. 14, Sec. 130, 837 HEALTH.— (Cont’d). General Provisions. — (Cont’d). — V iolation of provisions; penalty. Ords,, Art. 14, Sec. 134, 838 drainage — low grounds to be filled up. Ords., Art. 14, Sec. 94, 826 — owners of buildings to pro- vide for. Ords., Art. 14, Sec. 150, 843 — of ice ponds, penalty for neglect. Ords., Art. 14, Sec. 117 118 832 expectoration, notice forbid- ding, to be posted. Ords., Art. 14, Sec. 102, 828 — in public buildings, street cars. etc. Ords., Art. 14, Sec. 101, 828 — receptacles for to be pro- vided, cleaning of. Ords., Art. 14, Sec. 103, 828 — violation of provisions, penalty. Ords., Art. 14, Sec. 104, 829 fines and penalties — recovery and accounting. Ords., Art. 14, Sec. 203, 867 fish cleaning and keeping; police regulations. Ords., Art. 25, Secs. 39 40 971 — cleaning near pumps and fountains prohibited; penalty. Ords., Art. 25, Sec. 39, 971 — to be kept under roof, penalty. Ords., Art. 25, Sec. 40, 971 general powers. Acts, Sec. 6 53 graves, depth of, penalty for violation. Ords., Art. 14, Sec. 113, 831 gutters — flushing required. Ords., Art. 40, Sec. 16, 1182-1183 — police regulations, Ords., Art. 25, Secs. 50 51 974 HEAI^TH. HEALTH. 1434 Page HEALTH.— (Cont’d). General Provisions. — (Cont’d). hogs, number allowed to be kept. Ords., Art. 14, Sec. 199, 866 — penalty for keeping with- out permit. Ords., Art. 14. Sec. 201, 866 — permits for keeping. Ords., Art. 14, Sec. 199, 866 — pens— prohibited within city limits, proviso. Ords., Art. 14, Sec. 198, 865 — sale or slaughter of, proviso. Ords., Art. 14, Sec. 198, 865 horseshoeing, see under this title. hospitals for infectious dis- eases, see under "'^Hospi- tals'" sub-title "Infectious Diseases., Hospital for." hydrants, leakage from, when a nuisance. Ords., Art. 14, Sec. 115, 831 ice ponds, penalty for neg- lect to drain. Ords., Art. 14. Sec. 118, 832 — permit for construction of. Ords., Art. 14, Sec. 116, 832 — water to be drained, when. Ords., Art. 14, Sec. 117, 832 impure foods, defined. Ords., Art. 14, Sec. 62.. 815 — sale, etc., prohibited. Ords., Art. 14, Sec. 57.... 813 — secretion or removal of, after condemnation. Ords., Art. 14, Sec. 58.... 813 infected dead bodies, to remain unburied no longer than 24 hours, penalty. Ords., Art. 14, Sec. 194.. 864 Inspector of Plumbing — appointment and qualifi- cations of. Ords., Art. 14, Sec. 129.. 836 — to give certificate of, ap- proval. Ords., Art, 14, Sec. 135.. 838 — to supervise all plumbing work. Ords., Art. 14, Sec. 132.. 837 Page HEALTH.— (Cont’d). General Provisions. — (Cont’d). lodging house, regulation of. Acts, Sec. 6 53 low grounds to be drained. Ords., Art. 14, Sec. 100.. 827 manufactures. Acts, Sec. 6 53 Medical Examiner, assist- ant to serve in absence of. Ords., Art. 14, Sec. 3 797 to make post-mortem ex- aminations. Ords., Art. 14, Sec, 3.... 797 milk — from diseased cows, penalty for sale of. Ords. Art. 14, Sec. 56. .. 812 — not to be kept in room con- taining cows. Ords., Art. 14, Sec. 50.. 811 municipal hospital for in- fectious diseases, diseases treated in. Ords., Art. 14, Sec. 10.. 799 offensive trades. Acts, Sec. 6 53 orders of Commissioner of, penalty for failure to com- ply with. Ords., Art. 14, Sec. 201.. 866 867 oyster shells, dumping of for- bidden, proviso. Ords., Art. 14, Sec. 119.. 832 833 — storing of by packers, when forbidden, penalty. Ords., Art. 14, Sec. 120.. 833 penalty for violating regula- tions for. Ords., Art. 14, Sec. 29. .. 805 — for violation of certain or- dinances. Ords., Art. 14, Sec. 63.... 816 person liable for violation of police regulations. Ords., Art. 25, Sec. 72.. 981 HEALTH. HEALTH. Page 1435 Page HEALTH.— (Cont’d). General Provisions. — (Cont'd). pla\'-grounds for children, contract for, with Children’s Play -ground Association; provisions of. Ords., Art. 14, Sec. 128.. 835 836 — to be maintained for $3000 per year, number of, pro- visions for. Ords., Art. 14, Sec. 128.. 835 836 plumbing to be done under supervision of Inspector of Plumbing. Ords., Art. 14, Sec. 132.. 837 — work to be done in accord- ance with orders of In- spector of Plumbing. Ords., Art. 14, Sec. 133.. 837 838 police officers to execute re- gulations of Commissioner of Health. Ords., Art. 25, Sec. 36.. 970 pork butchers and packers, keeping of hogs by. Ords., Art. 14, Sec. 198.. 865 866 post-mortem examinations to be made by medical ex- aminer. Ords., Art. 14, Sec. 3.... 797 Potter ’ s fields; graves in ; gates of; penalty. Ords., Art. 14, Sec. 136.. 838 839 — to be under control of Com- missioner of Health. Ords., Art. 14, Sec. 136.. 838 839 prevention of disease, isola- tion of cows. Ords., Art. 14, Sec. 51.. 811 pulmonar}' tuberculosis, manner of investigation of ca.ses. Ords., Art. 14, Sec. 32.. 806 quarantine disinfection, ex- penses of, how paid. Ords., Art, 14, Sec. 170.. 853 registry of physicians. Ords., Art. 14, Sec. 189.. 862 863 HEALTH.— (Cont’d). General Provisions. — (Cont’d). seats for female employes in stores or factories. See under this title. slaughter and hide houses, investigation of complaints against. Ords., Art. 14, Sec. 195.. 864 slop carts, filling, etc. , police regulations. Ords., Art. 25, Sec. 54.... 975 Smoke — chimneys of City Hall or Court House, not to emit black smoke. Ords., Art. 14, Sec. 122 833 —from other chimneys pro- hibited, exceptions. Ords., Art. 14, Sec. 123 833 — violation of provisions, penalty for. Ords., Art, 14, Sec. 124 834 stables, nuisances from, pen- alty. 'Ords., xA.rt. 14, Sec. 126.. 834 sprinkling and sweeping streets, police regulations, Ords., Art. 25, Sec. 55.... 975 summary of decisions relating to health ordinances. note 53 undertakers — duties of when cases of death come before coroner. Ords., Art. 14, Sec. 182.. 859 860 — when death occurs during attendance of physician, Ords., Art. 14, Sec. 181.. 858 859 — r e p o r t of deaths to Com- missioner of Health. Ords., Art. 14, Sec. 185.. 860 861 vaccination of adults. Ords., Art. 14, Sec. 24.... 804 — of children. Ords., Art. 14, Sec. 23.... 803 — to be repeated on failure. Ords., Art. 14, Sec. 30.... 805 vaccine physician, to attend police officers and cases at station houses. Ords., Art. 14, Sec. 9.... 798 799 HEALTH. health. 1436 Page HEALTH.— (Cont’d). General Provisions. — (Cont’d). — appointment of extra. Ords., Art. 14, Sec. 28... 805 vaccine virus, to be supplied by physicians of dispen- saries receiving city aid. Ords., Art. 14, Sec. 30.... 805 vaults — permits to empty privy vaults. Ords., Art. 14, Sec. 144.. 841 vessels infected with dis- ease, detention at quaran- tine grounds. Ords., Art. 14, Sec. 164.. 849 850 — inspection of, quarantine regulations relating to. Ords., Art. 14, Sec. 162.. 847 848 wells and springs, analysis of water of; record; con- demnation. Ords., Art. 14, Sec. 127.. 834 835 wood shavings and vegetable matter, prohibited on wharves and low ground, penalty. Ords., Art. 14, Sec. 121.. 833 Commissioner of, — absence or sickness of. Ords., Art. 14, Sec. 4.... 797 — advice to city authorities, other duties. Ords., Art. 14, Sec. 1.... 796 — analysts and inspectors of bakeries, etc. Acts, Sec. 73 139 — appointment — duties and powers; salary. Acts, Sec. 71 138 — of clerks and subordinates and compensation of same. Acts, Sec. 71 138-139 — assistants — appointment of. Acts, Sec. 71 138 — salaries. Acts, Sec. 76 140 — charges for transcripts of births and deaths; ac- counting of monies. Page HEALTH.— (Cont’d). Commissioner of. — (Cont’d). Ords., Art. 14, Sec. 191 863 — cleaning of privies; pen- alty. Ords., Art. 14, Sec. 143 841 — contagious diseases, duty in. Acts, Sec. 78 141 — duties relating to commun- icable diseases. App. B, Sec. 1 1264-1265 — food regulations to be made by. Ords., Art. 14, Sec. 60.. 814 — garbage — permits for re- moval of. Ords., Art. 14, Sec. 109 830 — Health Wardens, vaccine physicians to act as. Acts, Sec. 78 141 — inspection and analysis of foods and food products by. Ords., Art. 14, Sec. 60 814 — Inspectors of Foods and F ood Products— duties to be defined by. Ords., Art. 14, Sec. 61 815 — instructions relating to communicable diseases. App. B, Sec. 3 1265-1266 — interference with duties of; penalty for. Ords., Art. 14, Sec. 2.... 797 — milk, inspectors of. Acts, Sec. 74, 139 — morgue — disposition of bodies in, controlled by. Ords., Art. 14, Sec. 79.. 821 — penalty for neglect or re- fusal to comply with orders of. Ords., Art. 14, Sec. 202 866-867 — permits to dump oyster shells. Ords., Art. 14, Sec. 119 832 — for drainage of certain cess pools. Ords., Art. 14, Sec. 145 841-842 — for drain pipes issued by. Ords., Art. 14, Sec. 130 837 — privies, emptying and re- moval of contents. Ords., Art. 14, Sec. 140 840 — qualifications required of. Acts, Sec. 71 138 health. health. Page 1437 Page HEALTH.— (Cont’d). Commissioner of. — (Cont’d). — Quarantine Hospital Phj^- sician. Acts, Sec. 75 139 — salary, dwelling, ex- penses. Acts, Sec. 76 140 — Quarantine — powers at. Acts, Sec. 75 140 — regulations — powers re- lating to. Acts, Sec. 75 140 — reports to, by vaccine physicians. Acts, Sec. 77 141 — Sanitary Inspectors, ap- pointment of, duties, qualifications. Acts, Sec. 72 139 — seizure of infected articles by. brds.. Art. 14, Sec. 22 803 — smoke provisions, enforce- ment of bv. Ords., A'rt. 14, Sec. 125 834 — transcripts of births and deaths; charges for. Ords., Art. 14, Sec. 190 863 — Vaccine Physicians; ap- pointment of. Acts, Sec. 77 140 Births and Deaths, — blanks to be used in making returns of; no charge for. Ords., Art. 14, Sec. 193 864 — manner of recording. Ords., Art. 14, Sec. 192 863 — physicians to report births. Ords., Art. 14, Sec. 188 862 — registration of by Commis- sioner of Health. Ords., Art. 14, Sec. 179 858 — registration of in separate books. Ords., Art. 14, Sec. 180 858 — registers of; inspection by public. Ords., Art. 23, Sec. 180 858 Contagious and Infectious Diseases, Acts, Sec. 6 53 — articles from places infected with. Ords., Art. 14, Sec. 15.. 801 — bedding or clothing in- fected with. Ords., Art. 14, Sec. 15.. 801 HEALTH.-(Cont’d). Contagious and Infectious Diseases. — (Cont’d). — bodies infected with, to be buried within 24 hours. Ords., Art. 14-, Sec. 194 864 — carried in vehicles for that purpose only. Ords., Art. 14, Sec. 26 804 — burial of persons dying of. Ords., Art. 14, Sec. 17.. 801 — fencing and guarding of in- fected localities. Ords., Art. 14, Sec. 19 ... 802 — hotel and housekeepers’ re- port of. Ords., Art. 14 Sec. 12 799-800 — houses infected to be disin- fected. Ords., Art. 14, Sec. 18 801-802 — infection of small pox by inoculation; penalt}' for. Ords., Art. 14, Sec. 31.... 805 — investigation and report of by Commissioner. Ords., Art. 14, Sec. 1.... 796 — landing of articles from in- fected places forbidden. Ords., Art. 14, Sec. 15.. 801 - list of. Ords., Art. 14, Sec. 11.. 799 — masters, etc., of vessels, report by. Ords., Art. 14, Sec. 14.. 800 — persons required to report cases of. Ords., Art. 14, Secs. 11-14 799-800 — physicians’ report of. Ords., Art. 14, Sec. 11.. 799 — placarding premises to pre- vent spread of. Ords., Art. 14, Sec. 21.. 803 — prevention of spread; pen- alty. Ords., Art. 14, Sec. 21.. 803 — public and private institu- tions to report. Ords., Art. 14, Sec. 13.. 800 — public vehicles not to be used to carry persons or bodies infected. Ords., Art. 14, Sec. 25.. 805 — pulmonary tuberculosis suf- ferers to be registered. Ords., Art. 14, Sec. 32.. 806 HEALTH. health. 1438 Page HEALTH.— (Cont’d). Contagious and Infectious Diseases. — (Cont ’d . ) — removal of dead bodies. Ords., Art. 14, Sec. 16.. 801 — of infected persons or dead bodies. Ords., Art. 14, Sec. 16 801 — report of cases of. Ords., Art, 14, Secs. 11-14 799-800 — seizure of articles infected with . Ords., Art. 14, Sec. 22.. 803 — temporary structures for persons sick with; houses as hospitals. Ords., Art. 14, Sec. 20 802-803 — vacant property infected with, to be fumigated. Ords., Art. 14, Sec. 27 804-805 — vessels, ships, etc.; quaran- tine regulations for dis- eases on. Ords., Art. 14, Secs. 162-172 ...847-855 — treatment at Quarantine Hospital of cases from. Ords., Art. 14, Sec. 164 849..850 — violation of provisions gov- erning, penalty. Ords., Art. 14, Sec. 29.. 805 Cows, - -contagious diseases among; report of to Commis- sioner of Health. Ords., Art. 14, Sec. 51 811 — eight allowed to % acre; penalty. Ords., Art. 14, Sec. 34 807 — enclosures for, to be graded and drained. Ords., Art. 14, Sec. 49 810 — fresh water to be pro- vided. Ords., Art. 14, Sec. 48 810 — four or less, provision for keeping. Ords., Art. 14, Sec. 37 808 — open drains or garbage not allow' ed in enclosures. Ords., Art. 14, Sec. 49 810 — pasturage of; penalty. Ords., Art. 14, Sec. 35 807 Page HEALTH.— (Cont’d). Cows. — ( Cont ’ d) . — permit from Health Com- missioner; penalty. Ords., Art. 14, Sec. 33 806-807 — sale of milk from diseased cows prohibited; penalty. Ords., Art. 14, Sec. 56 812 — space for each to be % acre. Ords., Art. 14, Sec. 33 806 — tuberculin test. Ords., Art. 14, Sec. 52 811 Cow Stables, — existing regulations not to be repealed. Ords., Art. 14, Sec. 39 808-809 — owners to register place of, with Commissioner of Health; penalty. Ords., Art. 14, Sec. 36 807-808 — penalty for violating health regulations. Ords., Art. 14, Sec. 55 812 — sales and exchange sta- bles; regulations for. Ords., Art. 14, Sec. 38 808 — sanitary regulations for. Ords., Art. 14, Sec. 37 808 crews and passengers; vacci- nation of; charges. Ords., xArt. 14, Sec. 177 857 Dairies, — buildings of to be thor- ough! v cleaned. Ords., Art. 14, Sec. 46 810 — cleanliness of persons handling products of. Ords., Art. 14, Sec. 54 812 — contagious diseases in; re-' port of to Commissioner of Health. Ords.. Art. 14, Sec. 53 811-812 — COW'S of; to be cleaned ever}' day, fed and wa- tered. Ords., Art. 14, Sec. 47 810- — floors of stables — specifi- cations. Ords., Art. 14, Sec. 41 809- health. health . Page 1439 Page HEALTH.— "Cont’d). Dairies. — (Cont’d.) . — milk; care and keeping of, in. Ords., Art. 14, Sec. 50 810-811 — other animals not to be stabled in. Ords., Art. 14, Sec. 43 809 — penalty for violating health regulations. Ords., Art. 14, Sec. 55 812 --premises to be clean and in good repair. Ords., Art. 14, Sec. 45 810 — stables of — feed troughs; receptacles for refuse. Ords., Art. 14, Sec. 42 809 — lighting and ventilation. Ords., Art. 14, Sec. 40 809 — sewerage connections for. Ords., Art. 14, Sec 41 809 — stabling cows in. Ords., Art. 14, Sec. 40 809 Sec. 37 808 — stalls, width of. Ords., Art. 14, Sec. 44 809 — vessels for reception, stor- age and delivery of milk. Ords., Art. 14, Sec. 50 811 — violation of provisions; re- lating to; penalt}^ Ords., Art. 14, Sec. 55 812 — ^water closets, etc., for- bidden in. Ords., Art. 14, ,Sec. 43 809 Death Certificates, — coroner to furnish, when. Ords., Art. 14, Sec. 182 859-860 — physicians to furnish same to undertaker. Ords., Art. 14, vSec. 181, . 858-859 — requisites of coroner’s cer- tificate. Ords.,Art. 14, Sec.183, 860 — statements necessary in. Ords., Art. 14, Sec. 183, 860 — undertakers — when issued to by Commissioner of Health. Ords., Art. 14, Sec. 185, 860-861 — violation of provisions re- lating to, penalty for. Ords., Art. 14, vSec. 186 , 861 HEALTH.— (Cont’d). Death Certificates. — (Cont’d). — when diseases are conta- gious. Ords., Art. 14, Sec. 182, 859-860 Foods and Food Products, — chemists to test. Ords., Art. 14, Sec. 61, 814-815 — definition of terms relating to. Ords., Art. 14, Sec. 62, 815 — indictments for sale of im- pure foods or food pro- ducts. Ords., Art. 14, Sec. 62. 815 — inspection of, to be made b y Commissioner o f Health. Ords., Art. 14, Sec. 60, 814 — inspectors and analysts of, appointment, qualifica- tions, duties and salary. Ords., Art. 14, Sec. 61, 814-815 — meaning of, proviso. Ords., Art. 14, Sec. 62, 815 — milk, standard qualities of. Ords., Art. 14, Sec. 59, 813 — oysters not to be peddled during specified time, penalty. Ords., Art. 14, Sec. 64. 816 — regulations concerning. Commissioner of Health, to make. Ords., Art. 14, Sec. 60. 814 — sale of impure food pro- hibited. Ords., Art. 14, Sec. 57, 813 — secretion or unlawful re- moval after condemna- tion prohibited. Ords., Art. 14, Sec. 58, 813 — violation of provisions re- lating to, penalty. Ords., Art. 14, Sec, 63, 816 Garbage, — burning of, at d u m p s, penalty. Ords. Art. 14, Sec. 107, 829-830 —carts, police regulations. Ords., Art. 25, vSecs. 41- 49 972-974 HEAIvTH. heaeth. 1440 Page HEALTH.— (Cont’d). Garbage. — (Cont’d) . — private property, dumps on prohibited. Ords., Art. 14, Secs. Ill 112 :.830-831 — removal of, permit for re- moval. Ords., Art. 14, Sec. 108, 830 — violation of provisions re- lating to, penalty. Ords., Art. 14, Sec. 110, 830 Injurious Manufactories, — bone factories, etc. , per- mitted with consent of Mayor and City Conncil. Ords., Art. 14, Sec. 67, 817 — brick or tile manufacto- ries, permit, penalty. Ords., Art. 14, Sec. 76, 820 — chemical or mechanical preparation for roofing, manufacture of, prohib- ited, violation, penalty. Ords., Art. 14, Sec. 65, 816-817 — composition roofing fac- tory regulations, viola- tion, penalty. Ords., Art. 14, Sec. 66, 817 — cotton wadding, etc., fac- tories prohibited, penalty. Ords., Art. 14, Sec. 75, 819 — earthenware or stoneware manufactories prohib- ited, penalty. Ords., Art. 14, Sec. 69, 818 — establishments for render- ing animal offal prohib- ited, penalty. Ords., Art. 14, Sec. 77 820 — stockyards prohibited, pen- alty. Ords., Art. 14, Sec. 77, 820 —pulverizing charcoal mill, permit, penalty. Ords., Art. 14, Sec. 72, 818-819 — red and yollow ochre, con- ditions for erection of, penalty. Ords., Art. 14, Sec. 73, 819 — soap and candle manufact- ory, consent of Mayor and City Council neces- sary, penalty. Ords., Art. 14, Sec. 70, 818 Page HEALTH.— (Cont’d). Injurious ManTtories. — (Cont’d). — and candle, permit to erect, notice of appli- cation for. Ords., Art. 14, Sec. 71, 818 — turpentine or varnish dis- tillieries prohibited, pen- alty. Ords., Art. 14, Sec. 69. 818 — violations of provisions re- lating to, penalty. Ords., Art. 14, Sec. 68, 817 Manufactories Prohibited and Restricted, — animal substances, horn, bones, blood, etc . — burning of prohibited, penalty. Ords., Art. 14, Sec. 74, 819 — charcoal, pulverizing of. permit for erection of re- quired, penalty. Ords., Art. 14, Sec. 72, 818-819' — clay, brick and tile facto- ries, advertisement of permit for erection of. Ords., Art. 14, Sec. 76, 820 — brick and tile factor- ies, penalty. Ords., Art. 14, Sec. 76, 820 — cotton wadding, laps or bats, penalty. Ords., Art. 14, Sec. 75, 819 — copal, varnish or bone factories. Ords., Art.l4,Sec.67,68 817 — earthenware or stoneware factories, penalty. Ords., Art. 14, Sec. 69, 818 — glue, poudrette and grease works, penalty. Ords., Art. 14, Sec. 77, 820 — red or yellow ochre for yellow paints, etc., prop- erty owners to consent, penalty. Ords., Art. 14, Sec. 73, 819 — rendering grease or ani- mal offal of stockyards. Ords., Art. 14, Sec. 77, 820 — roofing composition, pen- alty. Ords., Art, 14, Sec. 66, 816 — preparations, penalty. Ords., Art. 14, Sec. 65, 816-817 HEAIvTH. HEARINGS. Page 1441 Page HEALTH.- (Cont’d). Manufactories Prohibited and Restricted . — ( Cont ’ d) . — soap and candle — adver- tisement of application for permit. Ords., Art. 14, Sec. 71, 818 — application for erection of. Ords., Art. 14, Sec. 71, 818 — penalty. Ords., Art. 14, Sec. 70, 818 — sulphuric, nitric, muriatic acids or other dangerous chemicals enumerated, penalty. Ords., Art. 14, Sec. 74, 819 — turpentine d i s t i 1 1 e ri e s, penalty. Ords., Art. 14, Sec. 69, 818 Midwifery, — parents report of births. Ords., Art. 14, Sec. 188, 862 — persons practicing to re- port births. Ords., Art. 14, Sec. 188, 862 — physicians’ report of | births. i Ords., Art. 14, Sec. 188, 862 — registry of births kept by midwife. Ords., Art. 14, Sec. 188, 862 — violation of provisions, penalty for. Ords., Art. 14, Sec. 188, 862 Morgue, —charge of. Ords., Art. 14, Sec. 83. .. 821 — clothing and effects of de- ceased persons in. Ords., Art. 14, Sec. 80.. 821 — Commissioner of Health to have charge, make regula- tions for. Ords., Art. 14, Sec. 83.... 821 — coroners to dispose of cloth- j ing and effects of persons | buried from. i Ords., Art. 14, Sec. 80.. 821 ! — detention of bodies in. i Ords., Art. 14, Sec. 78.. 820 — Superintendent, appoint- | ment and qualifications , of. I Ords., Art. 14, Sec. 81.. 821 I — Superintendent of, bond of. Ords., Art. 14, Sec. 82.. 821 ; HEALTH.-(Cont’d). Morgue. — (Cont’d). — to enforce regulations. Ords., Art 14, Sec. 83.. 821 — use of. Ords., Art. 14, Sec. 78.. 820 Night Soil, —action when deposits of, become a nuisance. Ords., Art. 14, Sec. 155.. 843 — contract for removal, rev- ocation of. Ords., Art. 14, Sec. 157.. 845 — of privies, without city, not to be carried through streets, penalty. Ords., Art. 14, Sec. 146.. 842 — removal of, by contract with R. R. Zell & Co., penalty. Ords., Art. 14, Sec. 156.. 844 845 — to be deposited at places selected by Commissioner of Health, penalty. Ords., Art. 14, Sec. 154.. 843 nuisances — {See'" 'Nuisances. ’ ’ ) Acts, Sec. 6, 53 HEALTH ORDINANCES, decisions in relation to. note 53 HEALTH REGULATIONS, See "Health.''' HEALTH WARDENS, vaccine physicians to act as. Acts, Sec. 78 141 HEARINGS, See ‘ ‘ Various Titles Relating to condemnations and assessments . ’ ’ appeals from assessments of ^^Tcts, Sec. 170 185 City Council hearings — ordi- nances for grading, paving, etc. Acts, Sec. 6 75 Ords., Art. 35, Sec. 90..1125 condemnation proceedings re- lating to water. Acts, Sec. 6.. 90 HEARINGS. 1442 HOEDERS OF CITY LOANS. Page Page ! HEARINGS.— (Cont’d) . sewers, opening, closing, etc., assessments and review. Ords., Art. 33, Sec. 8 1066 streets, opening, closing, etc. corrections and revaluations. Acts, Sec. 177 195 HEATING APPARATUS, CHIMNEYS AND FLUES, See ‘ '‘Buildings^ ’ ’ sub-title ‘ ‘ Chimneys^ Flues and Heating Apparatus.'"' Ords., Art. 3, Secs. 23- 43 607-613 HEIGHT OF BUILDINGS, STORIES AND WALLS, See ‘ ''Buildings, ' ' under this sub-title. Ords., Art. 3, Secs. 93- 98 632-633 HIBERNIAN SOCIETY OF BALTIMORE, immig rant s — commutation money, disbursement of. Acts, Sec. 528 335 — disbursement of penalties imposed. Acts, Sec. 529 336 HIGH SCHOOLS, fees for tuition of non- resident pupils in. Ords., Art. 32, Sec. 34... .1055 graduates of, testimonials to. Ords., Art. 32, Sec. 12..1047 principals and professors of, appointment of. Acts, Sec. 100 153 renting halls of Eastern and Western, proviso. Ords., Art. 32, Secs. 2- 3 1044 HIGHWAYS, BRIDGES AND STREETS, See '"Streets and City Engi- neer," and "Streets, Brid- ges and Highivays. ' ' HISTORY, PICTORIAL, OF CITY. City Librarian to collect and develop. Ords., Art. 21, Sec. 9 907 HOGSHEADS BARRELS AND CASKS, hydrants and pumps not to be obstructed by. Ords., Art. 40, Sec. 18..1183 HOHMAN, CONRAD, driving hogs through streets, special permission to. Ords., Art. 25, Sec. 21.... 966 HOGS. number to be kept. Ords., Art. 14, Sec. 199.. 866 penalty for keeping without permit. Ords., Art. 14, Sec. 201.. 866 pens for, prohibited within city limits, proviso. Ords., Art. 14, Sec. 198.. 865 permits for keeping. Ords., Art. 14, Sec. 199. 866 sale or slaughter of. Ords., Art, 14, Sec. 198.. 865 HOGS, SHEEP AND CATTLE, D RIVING THROUGH STREETS, See "‘Cattle, Sheep and Swine Driving Through Streets. ' ’ Ords., Art. 25, Secs. 11- 31 964-969 HOISTS, ELEVATORS AND LIFTS, See ‘ ‘ Buildings, ' ' sub-title ''"Elevators." 618-626 HOLDERS OF CITY LOANS, list of — to be sent to City Register and State Comp- troller annually. Acts, Sec. 152 174 — to be corrected annually. Acts, Sec. 152 174 HOLIDAYS. HORSESHOEING. 1443 HOLIDAYS, Page employes of city, observation | of Labor Day, by, i Ords., Art. 15, Sec. 2.... 867 i 868 “Labor Day,” first Monday i in September. Ords., Art. 15, Sec. 2 ... 867 | legal. i Acts, Sec. § 279a, §279c.... 250 i 251 I Saturday half -holiday, office ! hours of municipal depart- j ments, on. I Ords., Art. 15, Sec. 3 868 j September twelfth, municipal. | Ords,, Art. 15, Sec. 1.... 867 i HOLLINS MARKET, | See ‘ 'Hollins MarkeV ’ under j "Markets.''' provisions relating to. j Ords., Art. 23, Secs. 90- 92 945-946 HORSE DEALERS, See "Licenses.''' HORSE RACING, for gaming purposes pro- hibited. Ords., Art. 12, Sec. 5.... 769 j HORSES, CARRIAGES AND j WAGONS, I See "Auctioneers." regulations by mayor relating to. Acts, Sec. 258 238 sales at auction. {^See "Licenses" and " Vehicles."^ streets in which prohibited. Ords., Art. 4, Sec. 33.... 691 HORSESHOEING, Board Of Examiners Of Horseshoers, — affidavit of qualified horse- shoers. Acts, Sec. §515d 330 — appointment of board. Acts, Sec. §515b 329 Page HORSESHOEING.— (Cont’d) . Board Of Examiners Of Horseshoers. — ( Cont ’ d ) . — apprenticeship required. Acts, Sec. §515d 330 — by-laws. Acts, Sec. §515c 329 — certificate form, record of. Acts, Sec. §515e 330 — certificate granting of. Acts, Sec. §51 5c 329 — certificate, as evidence. Acts, Sec. §515e 330 — certificate from other boards. Acts, Sec. §515d 330 — composition of board. Acts, Sec. §515b 329 — copies of certificate, fee for. Acts. Sec. §515e 330 — copies of requirements. Acts, Sec. §515c 329 — duties. Acts, Sec. §515b 329 — evidence, certificate as. Acts, Sec. §515e 330 — exemption from pro- visions. Acts, Sec. §515d 330 — fees for certificate. Acts, Secs. §515c,§515d.. 329 330 — fines to school fund. Acts, Sec. §515f 331 -majority of Board may grant certificates. Acts, Sec. §515c 329 — meetings. Acts, Sec. §515c 329 — misdemeanor, violations to be. Acts, Sec. §515f 331 — officers. Acts, Sec. §515c 329 —owners of horses, proviso. Acts, Sec. §515f 331 — penalty hereunder. Acts, Sec. §515f 331 — proceedings to be public. Acts, Sec. §515c 330 — proviso as to owners. Acts, Sec. §515f 331 — qualifications required. Acts, Sec. §515c 329 — record of certificates issued. Acts, Sec. §515e 330 HORSESHOEING. HOSPITALS. Page 1444 Page HORSESHOEING.— (Cont’d) . Board Of Examiners Of Horseshoers. — (Cont’d) . — r equirements, issue printed copies of, to applicants. Acts, Sec. §515c 329 — rules and regulations. Acts, Sec. §515c 329 — term of office. Acts, Sec. §515b 329 — unlicensed horseshoeing, unlawful. Acts, Sec. §515a 328 — vacancy on Board. Acts, Sec. §515b 329 — veterinarian on Board. Acts, Sec. §515b 329 — violations hereunder to be misdemeanor. Acts, Sec. §515f 331 HORSES, MARES AND GELDINGS, See '‘‘‘Livery Stable Keepers." not to be loose in streets, to be guided by reins or led, not allowed on foot-ways, penalty, proviso. Ords., Art. 4, Sec. 3 683 on sidewalks, permit required, proviso, penalty. Ords., Art. 25, Sec. 99.... 991 shoeing in streets prohibited, penalty. Ords., Art. 25, Sec. 75.... 983 water charges for other than draft horses. Ords., Art. 41, Sec. 54....1218 HOSE OF FIRE DEPART- MENT, driving over when in use, penalty. Ords., Art. 11, Sec. 49.. 753 HOSPITALS, Bay View Asylum, curative treatment for patients at. Ords., Art. 16, Sec. 6 870 burial of city’s insane from hospitals having contract with city. Ords., Art. 16, Sec. 11.... 872 HOSPITALS.— (Cont’d) . certificate of physicians in treatment of pauper insane. Ords., Art. 16, Sec. 7 870 city’s insane at, dismissal from. Ords., Art. 16, Sec. 10.... 872 city patients, burial of. Ords., Art. 16, Sec. 9, 11 871-2 collection of fines, etc., im- posed. Ords., Art. 16, Sec. 16.... 873 consumptives hospital . Acts, Sec. §493e 323 contracts with, by city for treatment of indigent in- sane. Ords., Art. 16, Sec. 10.... 872 examination monthly of patients at Bay View. Ords., Art. 16, Sec. 6 870 general powers. Acts, Sec. 6 54 hospitals treating city’s in- sane, regulation of. Ords., Art. 16, Sec. 10.... 872 Infectious Diseases, Hospitals for, — appropriations for. Acts, Sec. §493b 322 — detention of suspects. Acts, Sec. §493d 322 — diseases to be treated. Acts, Sec. §493c 322 — to be treated in tem- porary hospitals. Acts, Sec. §493d 322 — erection of temporary buildings. Acts, Sec. §493d 322 — hospital for consumptives of Maryland. Acts, Sec. §493e 322 — location by ordinance. Acts, Sec. §493b 322 — ordinance authorizing. Acts, Sec. §493c 322 — site to be approved and anthorized by ordinance. Acts, Sec. §493b 322 HOSPITA1.S. HOURS. Page 1445 Page HOSPITALS —(Cont ’d) . Infectious Diseases. — (Cont’d). — suspects, detention of. Acts, Sec. §493d 322 — temporary places of deten- tion. Acts, Sec. §493d 322 — vote for ordinance author- izing. Acts, Sec. §493b 322 Insane Asylums, — buildings already erected not to be used as. Ords., Art. 16, Sec. 2 869 — erection of in city unlaw- ful. Ords., Art. 16, Sec. 1 869 — fine and penalty for locat- ing in city. Ords., Art, 16, Sec. 3 869 insane paupers, curative treat- ment for, at expense of city. Ords., Art. 16, Sec. 7 871 maintenance and treatment of insane paupers. Ords., Art. 16, Sec. 8 871 Maryland Hospital transfer to of curable indigent lunatics. Ords., Art. 16, Sec. 6 870 note 871 pauper insane, treatment of at expense of city. Ords., Art. 16, Sec. 7 871 penalty for hospitals violating provisions. Ords., Art. 16. Sec. 13.... 873 permit for insane paupers in State hojpitals at expense of city. Ords., Art. 16, Sec. 7 871 records of city patients at hospitals. Ords., Art. 16, Sec. 8 871 report on city patients, to be made quarterly by officers of. Ords., Art. 16, Sec. 7 871 HOSPITALS.— (Cont’d) . Sick, Hospitals for, — application for authority to establish. Ords., Art. 16, Sec. 4 870 — consent of city to estab- lishment of. Ords., Art. 16, Sec. 4 870 — fine for unauthorized es- tablishment of. Ords., Art. 16, Sec. 5 870 — notice of application for authority to establish. Ords., Art. 16, Sec. 4 870 — penalty for unauthorized establishment of. Ords., Art. 16, Sec. 5 870 — publication of application for authority to establish. Ords., Art. 16, Sec. 4 870 Supervisors of City Charities to visit those having con- tracts with city. Ords., Art. 16, Sec. 12.... 873 temporary structures for treat- ment of contagious diseases. Ords., Art. 14, Sec. 20.... 802, 803 HOSPITALS FOR INSANE, See ‘ '‘Hospitals' ' sub-title ‘ 'In- sane Asylums." city patients at, maintenance of. Ords., Art. 16, Sec. 8 871 HOSPITALS FOR THE SICK, See'‘ '‘Hospitals' 'sub-title' 'Sick, Hospitals for." HOTELS AND APARTMENT HOUSES, fire gongs in. {See "Fire Regulations."') HOURS, for driving cattle and hogs through streets. Ords., Art. 25, Sec. 11.... 964 market regulations for Ords., Art. 23, Sec. 57.... 936 Of Labor, —day, eight hours to consti- tute; exceptions; penalty. Acts, Sec. 516 331 HOURS. HOUSES OF REFUGE. 1446 Page HOUSES OF REFUGE AND REFORMATION, Page HOURS.— (Cont’d). Of Labor. — (Cont’d). — Paving Commission, work under. Acts, Sec. §841o 541 — railroads, employes of. {See ''Railroads and Railways, ’ ’ ) — street cleaning force. Ords., Art. 36, Sec. 16....1146 HOUSE OF CORRECTION, See "Houses of Refuge and and Reformation . ’ ’ telegraph line to ; city to maintain. Acts, Sec. 782 484 commitments to in default of security to keep peace, or payment of costs. Acts, Sec. 142 169 destroying property malicious- ly, imprisonment for in. Acts, Sec. 401 297 HOUSE OF GOOD SHEP- HERD FOR COLORED GIRLS, See ' 'Houses of Refuge and Reformation.' ’ HOUSES, See "Buildings'" and "Topo- graphical Survey. ’ ’ numbering same. Acts, Sec. 6 79 — in annex. Ords., Art. 39, Secs. 8-11 1174 HOUSES OF CORRECTION, See "Houses of Refuge and Reformation. ’ ’ erection and regulation of. {See "Hospitals.'") Acts, Sec. 6 54 HOUSES, See "Markets." Ords., Art. 23, Sec. 113.. 952-953 appropriation per capita for minors committed. Acts, Sec. 517 332 Boys’ Home Society of Balti- more City, annual appro- priation to. Acts, Sec. 517 332 Colored House of Refuge, per capita appropriation to. Acts, Sec. 517 332 Criminal Court, Judge of to visit House of Good Shep- herd. Acts, Sec. 518 332 Female House of Refuge, annual appropriation to. Acts, Sec. 517 332 House of Good Shepherd for Colored Girls, per capita, appropriation to. Acts, Sec. 517 332 House of Refuge, per cap- ita appropriation to, im- provements to. Acts, Sec. 517 332 Industrial Home for Col- ored Girls, per capita ap- propriation to. Acts, Sec. 517.. 332 minors in, appropriation for. Acts, Sec. 517 331 note, cases cited 332 Police Commissioners, President of Board to visit House of Good Shepherd. Acts, Sec. 518 332 Police, Marshal of to visit House of Good Shepherd. Acts, Sec. 518 332 St. Mary’s Industrial School, per capita appro- priation to. Acts, Sec. 517 332 St. Vincent of Pauls Asy- lum of Baltimore, appro- priation to. Acts, Sec. 517 332 HOT AIR FURNACES. ILLEGAL SALES. 1447 HYDRANTS AND FIRE PLUGS, Page Page HOT AIR FURNACES AND HEATING APPARATUS, inspection of. {See' ' Inspector of Buildmgs' ’ sub-title ‘ 'Inspection of Hot Air Furnaces a7id Heating Appaf'atus/') Ords., Art. 3, Secs. 23-43 607-613 HOTEL KEEPERS, liquors, sale of. {See "Licenses.''’') HOTELS, See ‘ ‘ Buildings ; ” "Fire Regulations'" afid ‘ 'Inspector of Buildings. ’ ’ — safety regulations for — floor plan, fire escapes, inspection, penalty. Ords., Art. 11, Secs. 67, 68 758-9 HUCKSTERS, Hanover market ; limits for. Ords., Art. 23, Sec. 88.... 945 HUNTING, FISHING, ETC., ON SABBATH, penalty. Ords., Art. 31, Sec. 3 1041 HYDRANTS, See ' 'Health' ' a^id ' ' Water. ' ' Ords., Art. 14, Sec. 114.. 831 fire hydrants — flushing gut- ters with. Ords., Art. 40. Sec. 16 ... 1182, 1183 leakage from. Ords., Art. 14, Sec. 114.. 831 obstruction of ; penalty. Ords., Art. 40, Sec. 18....1183 yard hydrants — excessive dis- charge of water ; penalty. Ords., Art. 40, Sec. 19. .. 1183, 1184 — obstruction of public hy- drants forbidden. Ords., Art. 40, Sec. 18....1183 1 — Water Board to approve. Ords., Art. 40, vSec. 21. ...1184 water, police to report waste from. Ords., Art. 25, Sec. 115.. 996 HYDRAULIC ELEVATORS, See' ' Buildmgs" sub-title" Ele- vators. ' ' water charges for ; return tanks for. Ords., Art. 41, Sec. 57....1219 HYDROSTATIC TEST OF BOILERS, See "Steam Boilers." HYGIENIC AND SANITARY REGULATIONS, See "Health." cows, cow stables and dairies. Ords., Art. 14, Secs. 33- 55 806-812 ICE, sale of on Sunday, prohibited; penalty. Acts, Sec. 806 499 Acts, Sec. 807 499 ICE AND SNOW, removal from streets, etc. Ords., Art. 36, Sec. 15. ...1145 ICE BOATS, See "Harbor, Docks and Wharves. ' ' Ords., Art. 13, Sec. 27.. 783 ICE PONDS, See "Health." Ords., Art. 14, Sec. 116.. 832 ICE, SALE OF, See "Inspections, Weights and Measures," Ords., Art. 17, Secs . 33-4, 886 ILLEGAL SALES ON STREETS, See "Sales." police regulations for. Ords., Art. 25, Secs. 91- 94 988-9 IIvIvNKSS OF FIRFMFN. IMPURE FOODS. 1448 ILLNESS OF FIREMEN, no deduction in pay for. Ords., Art. 11, Sec. 9 739 ILLUMINATING GAS, OILS AND FLUIDS, See '"Fire Regulations" and "Gas Companies." inspection of, (^See "Lamps and Lighting " sub-title "Assistant Superintendent of") Ords., Art. 20, Secs. 24- 30 901-3 kerosene, coal oil, etc,, sale of. Ords., Art. 11, Sec. 86 ... 766 IMMIGRANTS, aliens, master of vessel to report data on, to Mayor, penalty. Acts, Sec. 519 333 ambassadors, consuls, minis- ters, exempt from immi- grant regulations. Acts, Sec. 531 336 bond for, secured by mort- gage, etc. Acts, Sec. 522 334 bond of indemnity against pauper aliens. Acts, Sec. 520 333 commutation money, dis- bursement of. Acts, Sec. 528 335 fines and penalties — recov- ery of. Acts, Sec. 526 333 — disbursement of. Acts, Sec. 529 336 — Mayor may compound or remit. Acts, Sec. 527 333 monies collected. City Regis- ter’s per centum. Acts, Sec. 530 336 per capita tax on aliens landed in lieu of bond. Acts, Sec. 524 333 IMMIGRANTS.— (Cont’d). security to be approved by Mayor. Acts, Sec. 523 333 sureties on indemnity bond for. Acts, Sec. 521 334 IMPOUNDING DOGS, recovery of dogs, penalty for owner. Ords., Art. 25, Sec. 10.... 964 IMPROVED PAVEMENTS, See ‘ '‘Streets and City Engi- neer. ’ ’ selection of, by owners; when authorized. Ords., Art. 35, Sec. 61....1112 IMPROVEMENTS, See "New Improvements." assessment and valuation of. Acts, Sec. 148 171 Burnt District Commission— procedure in making. App. A, Secs. 8-28....1242-57 description of to be filed with Appeal Tax Court. Ords., Art. 38, Sec. 20....1162 permit for, from Appeal Tax Court required; penalty. Ords., Art. 38. Secs. 18- 19 1162 public — {See ‘ 'Board of Public Improvements. ’ ’ ) IMPURE FOODS, See ‘ ' Health* 'sub-title ‘ 'Foods and Food Products." Ords., Art. 14, Sec. 62.... 815 condemnation of, secretion or removal after. Ords., Art. 14, Sec. 58.... 813 definition of. Ords., Art. 14, Sec. 62.... 815 sale of, prohibited. Ords., Art. 14, Sec. 57.... 813 INCENDIARIES. INFANTS. 1449 Page INCENDIARIES, REWARD FOR, Fire Inspector to offer. Ords., Art. 11, Sec. 42.... 751 INCORPORATED INSTITU TIONS, list of stockholders to be fur- nished Appeal Tax Court. Acts, Sec. §155a 176 INCORPORATIONS, gas companies; {See '^Gas Companies. ’ ’ ) INCUMBENTS IN OFFICE, to hold until successors ap- pointed. Acts, Sec. 25 105 INDECENT PLAYS OR PER- FORMANCES, penalty for, police regulations. Ords., Art. 25, Sec. 101.. 992 INDEX TO DEEDS, CON- VEYANCES, ETC., See '‘'Land Records." INDEXER, President of Second Branch to employ on public printing, compensation. Ords., Art. 29, Sec. 17....1012 INDEXES OF JUDGMENTS, clerks of Law Courts to pre- pare. Acts, Sec. 362 284 fee of clerk for indexing judgments. Acts, Sec. 362 284 INDIGENT POOR, almshouse — emergency ad- mission to. Acts, Sec. 108 160 — list of commitments to. Acts, Sec. 114 161 appropriations for support of. Acts, Sec. 105 158 — note. Acts, Sec. 106 158 Page INDIGENT POOR,— (Cont’d). children in institutions. Acts, Sec. 107 159 City may receive funds for. Acts, Sec. 2 42 contracts for support of. Acts, Sec. 105 158 private institutions, appro- priations to aid. Acts, Sec. 106 158 INDUSTRIAL HOME FOR COLORED GIRLS, See '‘'Houses of Refuge and Reformation. ’ ’ INFANCY, INSANITY AND OTHER DISABILITIES, See "‘Streets, Bridges and Highways — “ Opening, etc., Streets" and '‘'Con- demnation of Property. ’ ’ opening, extending, etc., streets. Acts, Sec. 6 73 INFANTS, In Improper Homes or Care, — address of infants, record of. Acts, Sec. §493g 323 — application for licenses for midwives, houses, etc. Acts, Sec. §493g 323 — applicants for license, ex- amination of. Acts, Sec. §493h 323 — endorsement of applica- tion . Acts, Sec. §493g 323 — fine for unlicensed mid- wives, homes, etc. Acts, Sec §493i 324 — investigation of homes by Board of Health. Acts, Sec. §493h 323 — license for care of infants. Acts, Sec. §493f 323 — midwives, license for. Acts, Sec. §493f 323 — penalty for failure to take out license. Acts, Sec. §493i 324 —records of infants. Acts, Sec. §493g 323 INFANl'S. INQUISITIONS. 1450 Page INFANTS.— (Cont’d). In Improper Homes and Care. — ( Cont ’ d ) . — removal of infants, record of. Acts, Sec. §493g 323 — sanitary condition of homes. Acts, Sec. §493h 323 — Supervisors of City Chari- ties, homes, etc., selected by. Acts, Sec. §493j 324 INFLICTED PERSONS, See ''Health." removal of. Ords., Art. 14, Sec. 16.... 801 INFECTED VESSELS, detention at quarantine grounds. Ords., Art. 14, Sec. 164, 849-850 INFECTIOUS DISEASES, See ''Health" and "Hos- pitals," under "Infectious Diseases — Hospitals for. ’ ’ Ords., Art. 14, Secs. 10- 32 799-806 INFLAMMABLE AND EX- PLOSIVE MATERIALS, See "Ftre Regulations." dynamite, nitro-glycerine, etc. manufacture of, penalty. Ords., Art. 11, Sec. 69.... 759 INFLAMMABLE STORES ON WHARVES, ETC., matches, etc., near wharves, etc., prohibited. Ords., Art. 11, Sec. 64. .. 757 INFORMER, See ' 'Hackney Carriages and Coaches' ' and ' 'Horses, Carriages and Wagons. ' ’ Acts, Sec. 290 257 penalty for short measure of wood, half payable to. Acts, Sec. 592 357 Page INJUNCTIONS, bonds in, when city is a party litigant. Ords., Art. 1, Sec. 1„.... 571 INJURIOUS MANUFAC- TORIES, See "Health." Ords., Art. 14, Secs. 65- 77 816-820 INJURING PROPERTY MA- LICIOUSLY, Fire Department, — injuring or obstructing apparatus of, penalty. Ords., Art. 11, Sec. 48, 753 — houses, fences, chattels, etc., police regulations, penalty. Ords., Art. 25, Sec. 59, 977 Lamps, Lamp-posts, etc., — penalty, offender to pay cost of repairs. Ords., Art. 25, Secs. 57 58 976 Market Houses, — penalty for. Ords., Art. 23, Sec. 28, 928 Trees and Shrubbery, — penalty, proviso, police regulations. Ords., Art. 25, Sec. 107 994 Water Works, — penalty for. Ords., Art. 40, Sec. 22 1184 INLETS OF SEWERS, throwing waste matter in prohibited, penalty. Ords., Art 25, Sec. 95, 990 INQUESTS, monthly report of by coroners. Acts, Sec. 297 259 INQUISITIONS, See "Condemnation Pro- ceeding f' and "Jury of Inquisition." INSANE CONVICTS. INSPECTIONS. 1451 Page INSANE AND LUNATIC CONVICTS, Vistors of Jail may remove. Acts, Sec. §120a 163 INSANE ASYLUMS, See "‘Hospitals.''' Ords., Art. 16, Secs. 1-3, 869 INSANE CITY PATIENTS, death of, burial of, etc. Ords., Art. 16, Secs. 9- 11 871-872 duty of hospital authorities. Ords., Art. 16. Sec. 10, 872 maintenance of, report on by officers of. Ords., Art. 16, Sec. 8, 871 INSANE PRISIONERS, In City Jail, disposition and treatment of. Acts, Sec. 144 169 INSECTIVOROUS BIRDS, injury to, penalty. Ords., Art. 25, Sec. 5, 962 INSIGNIA ON EMBLEMS OF POLICE, See ‘ '‘Police Commissioners. ’ ’ INSPECTION OF, boilers— ( '‘'‘See Steam Boilers'' ’ ) bread, assizing of. Acts, Sec 55 electric wires and apparatus, See'‘ '‘ Inspector of Buildings'" sub -title "‘ Electrial Instal- lation and Wiring" fire apparatus — Chief Engi- neer to make. Ords., Art. 11, Sec. 17, 742 food — See ‘ 'Health sub-title Food and Food Products. ’ ’ — Commissioner of Health to make. Ords., Art. 14, Sec. 60, 814 gas meters — Superintendent of Lamps and Lighting, duty in. Ords., Art. 20, Sec. 6, 895 Page INSPECTION OF.— (Cont’d). hot air furnaces ana heating apparatus. (^See "Inspect- or of Buildings. ’ ’) Ords., Art. 3, Secs. 23 43 607-613 markets houses — by Inspector of Buildings. Ords., Art. 3, Sec. 9, 603 nuisances — Commissioners of Health to make. Ords., Art. 14, Sec. 84, 822 plumbing — certificate of ap- proval . Ords., Art. 14, Sec. 135 838 sewers — expense of. Acts, Sec. 6 68-69 street s — Commissioners of Street Cleaning to make weekly. Ords., Art. 36, Sec. 3, 1141 vessel (^See "Health.'''') Ords., Art. 14, Sec. 162, 847 INSPECTIONS, WEIGHTS AND MEASURES, See "Health;" " Lamps and Lighting;" "Sanitary inspectors;' ' Streets and City Engineer and ‘ ‘ Wood' ' See also ' ' Steam Boilers" and "Inspector of Buildings. ' ' Acts, Secs, 532-599. ...336-359 Bakeries and Confection- eries, — appointment of inspector for. Ords., Art. 17, Sec. 35, 886 — bond of inspector. Ords., Art. 17, Sec. 37, 887 — duties of in.spector. Ords., Art. 17, Sec. 35, 887 — inspector of, appoint- ment. Ords., Art. 17, Sec. 35, 886 — notice to offenders before enforcing penalties. Ords., Art. 17, Sec. 38, 887 — penalties for violation of sanitary regulations. Ords., Art. 17, Sec. 35, 887 INSPECTIONS. INSPECTIONS. 1452 INSPECTIONS, WEIGHTS AND MEASURES.— (Cont’d). : Bakeries and Confection- eries. — (Cont’d) . — qualifications of inspector, Ords., Art. 17, Sec. 36, 887 — report of unsanitar}' estab- lishments to Commis- sioner of Health. Ords., Art. 17, Sec. 35, 887 — sanitary requirements pen- alty for violation of. Ords., Art. 17, Sec. 35, 887 barrel — for measurement of greens peas and beans in hull. Acts, Sec. 532-534....336-337 Charcoal, — appointment of measurer. Ords., Art. 17, ,Sec. 24, 883-884 — bushel, dimensions of mea- sure. Ords., Art. 17 Sec. 28, 885 — deputy measurers, ap- pointment, oath. Ords., Art. 17, Sec. 24, 883-884 — fees of measurer. Ords., Art. 17, Sec. 26. 884 — fine for sales without measurement. Ords., Art. 17, Sec. 26, 884 — fraud of vendor, penalty. Ords., Art. 17, Sec. 30, 885 — measurer not to be dealer. Ords., Art. 17, Sec. 29, 885 — note .884 — oath of measurer and de- . puties. Ords., Art. 17, Sec. 24, 884 — retail sales, measurement not required. Ords., Art. 17, Sec. 27, 885 — sales without measure- ment, penalty. Ords., Art. 17, Sec. 26, 884 — stands for measurement. Mayor to designate. Ords., Art. 17, Sec. 25, 884 Coal, — policemen to enforce coal law, penalty. Acts, Secs. 537-539A 338-339 INSPECTIONS, WEIGHTS AND MEASURES.-(Cont’d). Coal. — (Cont’d) . — sale of, lawful tons, penal- ty for short weight, proviso. Ords., Art. 17, Sec. 31, 885 — sales by bushel, etc. Acts, Sec. 540 339 — scales for coal required, penalty for lailure of dealer to provide same. Acts, Sec. 535 337 — seller’s compensation for weighing. Acts, Sec. 539 339 — to provide memorandum of weight, penalty for failure. Acts, Sec. 538 338 — sold by Avagons, to be weighed, penalty. Acts, Sec. 536 337-338 excavations in streets by pri- vate parties; inspection of work by City Engineer. .Ords., Art. 35, Sec. 10, 1093-1094 fines and penalties. Acts, Sec. 6 55-57 — recovery of. Acts, Sec. 570 349 — recovery and disposition of. Ords., Art. 17, Sec. 39.. 888 firewood, sale by cord or fraction thereof, penalty, proviso. Ords., Art. 17, Sec. 32.. 886 foods and food products — in- spection and analysis of. Ords., Art. 14, Sec. 60.. 814 — inspectors and analysts of; duties and salaries. Ords., Art. 14, Sec. 61.. 814 gas companies, overcharge by prohibited. Acts, Sec. 542 340 gas meters — consumer may cause same to be tested; rules governing such tests. Acts, Sec. 543 340 — to be installed by gas com- panies. Acts, Sec. 541 .339-340 INSPECTIONS. INSPECTIONS. 1453 Page INSPECTIONS, WEIGHTS AND MEASURES.— (Cont’d). Page INSPECTIONS, WEIGHTS AND MEASURES.— (Cont’d). Gaugers of Casks and Liquors, — fraud or collusion by gaugers; penalty. Acts, Sec. 551 343 — gauger’s charges. Acts, Sec. — — gauging not required, when. Acts, Sec. 546 341 — gaugers to procure instru- ments and mark casks; forfeiture for fraud of owner or seller. Acts, Sec. 547.. 341-342 — gauging without license or outside of city limits; penalty. Acts, Sec. 551 343 — licenses. Acts, Sec. 544 340-341 — penalty for false marking. Acts, Sec. 549 342 — who cannot act as. Acts, Sec. 546 341 — wine measure to be used; penalty for error. Acts, Sec. 548 342 general powers. Acts, Sec. 6 55 green peas and beans in the hull; barrel for measure- ment of. Acts, Secs. 532-534....336-337 Hay and Straw, — accounting by inspectors . to Treasurer for lees for weighing. Acts, Sec. 564 346 — adjustment of scales. Acts, vSec. 563 346 — bond of Inspectors. Acts, Sec. 553 343 — certificate of weight by In- spector. Acts, Sec. 555 344 — certificate of weight by private weigher; when lawful . Acts, Sec. 557 344-345 — fees of Inspector. Acts, Sec. 556 344 — fraud after weighing. Acts, Sec. 559 Hay and Straw. — (Cont’d). — Inspectors, appointment of. Acts, Sec. 552 343 — live stock to be weighed at Canton hay scales. Acts, Sec. 565 ....346-347 — penalty against vendor for fraud or failure to weigh; exceptions. Acts, Sec. 557 344 — penalty for false certificate by private weigher. Acts, Sec. 558 345 — for short weight. Ords., Art, 17, Sec. 1.... 875-6 — re-weighing of vehicles by Inspector; costs of re- weighing. Acts, Sec. 560 345-346 — seller to weigh load and vehicle. Ords., Art. 17, Sec. 1..875-6 — storage charges, at State hay scales. Acts, Sec. 562 346 — weighing of, by Inspect- ors. Acts, Sec. 554 343 ice — bushel measure, stand- ard weight of, penalty. Ords., Art. 17, Sec. 34 ... 886 — sales of, weighing when sold, vendor to have Ords., Art. 17, Sec. 33 886 inspectors and analysts; ap- pointment and duties. Acts, Sec. 6 55-57 Keepers of the Standards of Weights and Measures, — additional compensation to. Ords., Art. 17, Sec. 23.. 883 — adjust weights, etc., and compare with standards quarterly. Ords., Art. 17, Sec. 8.. 878 — altering scales, etc., after inspection, penalty. Ords., Art. 17, Sec. 15.. 881 — annual inspection of dry, long and liquid mea{5- ures. Ords., Art. 17. Sec. 17.. 882 345 INSPECTIONS. INSPECTIONS . 1454 Page INSPECTIONS, WEIGHTS AND MEASURES.— (Cont’d). Keepers of the Standards of Weights, etc. — (Cont’d). — appointment of, duty, bond, Ords., Art. 17, Sec. 4.. 877 — attend at markets, etc., once each year. Ords. , Art. 17, Sec. 20.. 882 — badge of oflSce of. Ords., Art. 17, Sec. 19 882 — beams and scales, inspec- tion and stamping. Ords., Art. 17, Sec. 12 880 — branding weights and measures, symbol, pen- alties. Ords., Art. 17, Secs. 10-14 879-81 — bushel and half-bushel measures. Ords., Art. 17, Sec. 9.... 878 — compensation of. Ords., Art. 17, Sec. 16.. 881 — Comptroller to procure sets of weights. Ords., Art. 17, Sec. 6.. 877 — condemned balances, etc., penalty for subsequent use. Ords., Art. 17, Sec. 14 880-1 — counterfeiting brand or stamp, penalty. Ords., Art. 17, Sec. 11 880 — dimensions of dry meas- ures, penalty. Ords., Art. 17, Sec. 9.. 878 — districts of, city divided into. Ords., Art. 17, Sec. 4.. 877 — dry measures, dimensions of. Ords., Art. 17, Sec. 9 ... 877 — inspection and stamping symbol. Ords., Art. 17, Secs. 10, 11 879-80 — false weights, scales, etc., seizure and sale of. Ords., Art. 17, Sec. 21 883 — fees of. Ords., Art. 17, Sec. 16 881 — division of, by City Register. Ords., Art. 17, Sec. 22 883 Page INSPECTIONS. WEIGHTS AND MEASURES.— (Cont’d). Keeper* of the Standards of Weights, etc. — (Cont’d). — inspection and stamping of weights and meas- ures. Ords., Art. 17, Secs. 10-14 879-80 — markets, to attend at, once a year. Ords., Art. 17, Sec. 20 882 — measures, dry, branding, symbol, penalty. Ords., Art. 17, Secs. 10, 11 879-80 — monthly returns on oath to Comptroller. Ords., Art. 17, Sec. 22 883 — obstructing inspection and adjustment of scales, etc., penalty. Ords., Art. 17, Sec. 21..882-3 — offices of, office hours. Ords., Art. 17, Sec. 5 ... 877 — neglect to have inspec- tions made, penalty. Ords., Art. 17, Sec. 21 882-3 — note 877 — official badge of. Ords., Art. 17, Sec. 19 882 — patent balances and plat- form scales, inspection and stamping. Ords., Art. 17, Sec. 13 880 — peck measure, dimen- sions. Ords., Art. 17, Sec. 9.. 879 — penalties. Ords., Art. 17, Secs. 8-15, 18, 21 878-83 — qualifications of. Ords., Art. 17, Sec. 4.. 877 — records of inspections, to exhibit to Mayor annu- ally. Ords., Art. 17, Sec. 20.. 882 — reside in district for which appointed. Ords., Art. 17, Sec. 4.. 877 — return of collections monthly to Comptroller. Ords., Art. 17, Sec. 22 883 — scale beams, etc., stamping of. Ords., Art. 17, Sec. 12 880 — standard set of weights. Ords., Art. 17, Sec. 6.. 877 INSPECTIONS. 1455 INSPECTOR OF BUIEDINGS. Page Page INSPECTIONS, WEIGHTS AND MEASURES.— (Cont’d). Keepers of the Standards of Weights, Etc. — (Cont’d). — use of condemned weights, penalty. Ords., Art. 17, Sec. 15 881 — weights and measures, set for each keeper, standard set. Ords., Art. 17, Sec. 6.. 877 — to conform to United States standards. Ords., Art. 17, Sec. 7 878 — live stock — additional bond of inspector at Canton hay scales. Acts. Sec. 569 348 — impounding by inspector for fees. Acts, Sec. 567 348 — inspector at Canton hay scales, compensation of. Acts, Sec. 566 347 — inspector at Canton hay scales, to record weights and report thereon semi- annually to Comptroller. Acts, Sec. 566 347 — penalty for failure of In- spector to w-eigh promptly Acts. Sec. 568 348 — to be weighed at Canton hay scales, weighing charges. Acts, Sec. 565 346-347 manure — cartload to contain forty cubic feet. Acts, Sec. 571 349 milk and food products, sale of milk, etc. Acts, Sec. 6 55 miscellaneous articles to be weighed by inspectors. Acts, Sec. 561 346 obstruction of streets by goods being inspected. Ords., Art. 17, Sec. 3 876 oils, fluids and other petroleum products. Acts, Sec. 6 50 penalties imposed, recovery and disposition of. Ords., Art. 17, Sec. 39.... 888 INSPECTIONS, WEIGHTS AND MEASURES.— (Cont’d). Keepers of the Standards of Weights, Etc. — (Cont’d). reports of inspectors, quarter- ly, oath to. Ords., Art. 17, Sec. 2.. 876 — under oath quarterly to Mayor. Ords., Art. 17, Sec. 2 876 steam boilers — See ( ‘ Steam Boilers. ’ ’ ) theatres, hotels, public halls, churches, school houses, etc., etc., to be inspected to determine fire escape equip- ment. Acts, Sec. 80 142 vessels — inspection of, by Quarantine Hospital Phvsician. Ords., Art. 14, Sec. 162.. 847 weights and measures. Acts, Sec. 6 55 INSPECTOR OF BUILDINGS, See '‘"Buildings.'’' Acts, Sec. 68 137 alteration, etc., plans stamped by, unlawful. Ords., Art. 3, Sec. 7 602 alterations and repairs, per- mit for. Ords., Art. 3, Sec. 11 604 annual inspection of and re- port on market houses. Ords., Art. 3, Sec. 9 603 appeal from order of, in dam- age by fire to wooden buildings. Ords., Art. , Sec. 92 631 Appeal Tax Court to issue permits for new structures. Ords., Art. 3, Sec. 5 600-1 appointment, qualifications of. Acts, Sec. 79 141 area of buildings. Ords., Art. 3, Sec. 181.... 671 INSPECTOR OF BUILDINGS. 1456 INSPECTOR OF BUILDINGS. Page INSPECTOR OF BUlLDINGS.-(Cont’d) . assistants, clerks and sub- ordinates; appointment and compensation of. Acts, Sec. 82 142 awnings, permit for erection, fee. Ords., Art. 3, Sec. 134.... 651 bath rooms, bay windows, porches, etc., construction permits; (See ‘ Buildings ' ’) Ords., Art. 3, Secs. 13- 22 604-607 building laws and regulations to be enforced by. Acts, Sec. 79 141 Acts, Sec. 82 142 — permits, (See ‘ '‘Buildings, ’ ’ ‘ 'Permits for Building. ’ ’ ) Ords., Art. 3, Sec. 5..600-601 buildings, to examine for compliance with fire regu- lations. Ords., Art. 11, Sec. 40.... 750 chimneys, flues, etc., (See "‘Buildings."^ consent in writing of residents to issuing of permits to be- come records of office. Ords., Art. 3, Sec. 5. ...600-01 city buildings — construction and repair of; duties and powers of inspector. Acts, Sec. 89 148 contracts — specifications in, to provide for inspection by Inspector of Buildings. Ords., Art. 3, Sec. 3 599 duties; salary. Acts, Sec. 79 141 Electrical Installation and Wiring, — additions to existing work permit required. Ords., Art. 3, Sec. 48 616 — application for permit, re- quirements for. Ords., Art. 3, Sec. 45 614 — central stations exempt. Ords., Art. 3, Sec. 44. Page INSPECTOR OF BUILDINGS.— (Cont’d). Electrical Installation and Wiring. — (Cont’d). — certificate of safety. Ords., Art. 3, Sec. 48 616 — for isolated plants. Ords., Art. 3, Sec. 54 618 — conditions of permit, com- pliance with. Ords., Art. 3, Sec. 45 614 — current, restrictions on use of. Ords., Art. 3, Sec. 44 614 — not to be turned on before certificate had. Ords., Art. 3, Sec. 48 616 — damages, city not liable in . Ords., Art. 3, Sec. 53 618 — dangerous wires, notice to owners to rectify. Ords., Art. 3, Sec. 47 615 — Inspector may cut. Ords., Art. 3, Sec. 47 615 — dead and unused wires, removal of. Ords., Art. 3, Sec. 49. .616-17 — emergency repairs and work. Ords., Art. 3, Sec. 45 614 — exemption of isolated plants. Ords., Art. 3. Sec. 54 618 — exposed work and emergen- cy repairs to concealed work, report of to. In- spector of Buildings. Ords., Art. 3, Sec. 45..614-15 — injury from defective instal- lation, liability for. Ords., Art. 3, Sec. 53 618 — inspection of existing con- struction. Ords., Art. 3, Sec. 47 615 — of work under permit. Ords., Art. 3, Sec. 46 615 — inspectors, qualifications of. Ords., Art. 3, Sec. 52 617 — isolated plants, exemption of. Ords., Art. 3, Sec. 54 618 — liability in damages not assumed by city. Ords., Art. 3, Sec. 53 618 — new work, certificate for. Ords., Art. 3, Sec. 48 616 — notice to owners of work deemed unsafe. Ords., Art. 3, Sec. 45 614 614 INSPECTOR OF BUILDINGS. 1457 INSPECTOR OF BUILDINGS. • Page INSPECTOR OF BUILDINGS.— (Cont’d). Electrical Installation and Wiring. — (Cont’d) . — notice to cut off current from dangerous equip- ment- Ords., Art. 3, Sec. 47 615 — obstructing inspection, penalty. Ords., Art. 3, Sec. 51.... 617 — obstructions to inspection, removal of. Ords., Art. 3, Sec. 46 — 615 — owner’s liability in damages not relieved. Ords., Art. 3, Sec. 53 618 — penalty for obstructing inspector. Ords., Art. 3, Sec. 51 617 —for violation of provisions. Ords., Art. 3, Sec. 50 617 — permit, conditions of issue. Ords., Art. 3, Sec. 45 614 —qualifications of electrical inspectors. Ords., Art. 3, Sec. 52 617 — removal of dead wires at expense of owner. Ords., Art. 3, Sec. 49..616-17 — repairs to concealed work in emergency. Ords., Art. 3, Sec. 45..614-15 Inspections, — {See ‘ 'Buildings, ’ ’ ) Ords., Art. 3 618-626 — appeals from orders of In- spector of Buildings. Ords., Art. 3, Sec. 73.... 626 — approve cars of. Ords., Art. 3, Sec. 62.... 623 — construction of, permit and certificate. Ords., Art. 3, Sec. 55.... 618 — of miscellaneous types to be approved by. Ords., Art. 3, Sec. 72 626 — plans and models, may require builder to furnish . Ords., Art. 3, Sec. 71.... 625 — register of, inspection of. Ords., Art. 3, Secs. 56-57 619 — repairs in emergency, notice of. Ords., Art. 3, Sec. 67.... 624 — shafts, windows of. Ords., Art. 3, Sec. 62. .622-3 Page INSPECTOR OF BUILDINGS.— (Cont’d) . Inspections. — (Cont’d) . — signs and notices, uniform in size. Ords., Art. 3, Sec. 70.... 625 encroachments, notice to re- move. Ords.. Art. 3, Sec. 102.... 634 fences and sign boards, per- mit for. Ords., Art. 3, Sec. 76....626-7 fire escapes and alarms, buildings requiring. Ords., Art. 3, Sec. 83. .628-29 fire exits — duties in relation to. Acts, Sec. 80. 142 — owners to provide. Acts, Sec. 80 142 — penalty for absence of on inspection by. Acts, Sec. 81.. 142 fire gongsin hotels, {See' 'Fire Regulations. ’ ’ ) frame sheds and wooden buildings, permit for, fee. Ords., Art. 3, Sec. 87 630 — where permitted — proviso. Ords., Art. 3, Sec. 4 600 gasoline storage tanks, per- mit for. Ords., Art. 11, Sec. 76.... 762 heating apparatus, duties in relation to. {See "Build- ings;" sub-title" Chimneys, Flues and Heating Appa- ratus. ’ ’ ) Ords., Art. 3, Secs. 23- 43 607-613 height of buildings, approval of materials. Ords., Art. 3, Sec. 97 633 Inspections of Hot Air Fur- naces and Heating Apparatus, —annoying and dangerous chimneys, removal of. Ords., Art. 3, Sec. 43 613 — ash boxes other than iron prohibited, penalty. Ords., Art. 3, Sec. 43 613 INSPECTOR OF BUILDINGS. 1458 INSPECTOR OF BUILDINGS. Page INSPECTOR OF BUILDINGS.— (Cont’d). Inspection of Hot Air Fur- naces, Etc. — (Cont’d). —chimneys, etc., causing annoyance and danger to surrounding property, penalty. Ords., Art. 3, Sec. 43 613 — condemn defective appara- tus. Ords., Art. 3, Sec. 37..611-12 — defective apparatus, failure to repair, penalty. Ords., Art. 3, Sec. 40 612-13 — delay in making repairs, penalty. Ords., Art. 3, Sec. 40 612-13 — entry into dwellings, etc., to in.spect. Ords., Art. 3 Sec. 37....611-12 — failure or neglect to obtain permit, penalty. Ords., Art. 3, Sec. 38 612 — to repair or remove defective apparatus, pen- alty. Ords., Art. 3, Sec. 40 612-13 — installation of apparatus, permit for, penalty. Ords., Art. 3, Sec. 38 612 — neglect to return permit, penalty. Ords., Art. 3, Sec. 41 613 — notice to owners of annoy- ing and dangerous chim- neys. Ords., Art. 3, Sec. 43 613 — obstructing inspection, penalty. Ords., Art. 3, Sec. 39 612 — permit for installation, re- turn of. Ords., Art. 3, Sec. 38 612 limits within which building laws operate. Ords., Art. 3, Sec. 4 600 new structures. Appeal Tax Court to issue permits for. . Ords., Art. 5, Sec. 5 600-1 notice to number houses ; penalty. Ords., Art. 3, Sec. 120.... 646 . Page INSPECTOR OF BUILDINGS.— (Cont’d). numbering houses, errors, etc., in failure to number, penalty. Ords., Art. 3, Sec. 120.... 646 official stamp on plans, etc. Ords., Art. 3, Sec. 5....600-01 party walls ; notice to owner to underpin, costs. Ords., Art. 3, Sec. 165.... 663 — repair or removal. Ords., Art. 3, Sec. 167.... 664 permanent record of plans of buildings to be occupied by more than twenty-five per- sons. Ords., Art. 3, Sec. 6 602 plans and specifications — In- spector to approve. Ords., Art. 3, Sec. 7 602 — to be filed in office of. Ords., Art. 3, Sec. 6 602 public improvements, depart- ment of; Inspector member of. Acts, Sec. 84 143 public safety, head of fourth sub-department of. Acts, Sec. 89 148 removal of wooden buildings, consent of property owners. Ords., Art. 3, Sec. 100 ... 633 repair of city buildings. Ords., Art. 3, Sec. 10 603 roofs, cornices and scuttles. (See ‘ 'Buildings. ’ ’ ) Ords., Art. 3, Secs. 121- 123 647-648 safes, machinery and weights in buildings, permit for. Ords., Art. 3, Sec. 117.... 645 school buildings, to supervise construction. Ords., Art. 3, Sec. 31 610 —construction of, and plans relating to. Acts, Sec. 99 153 INSPECTOR OF BUILDINGS. 1459 INSPECTOR OF BUILDINGS. Page INSPECTOR OF BUILDINGS.— (Cont’d). — temporary buildings — erec- tion of. Ords., Art. 32, Sec. 5..1044-5 sheds for storage and manu- facturing purposes, permit for. Ords., Art. 3, Sec. 88 630 — lathing and plastering. Ords., Art. 3, Sec. 91 631 — temporary, for buildings, permit for. Ords., Art. 3, Sec. 99 633 sinks of public schools, clean- ing. Ords., Art. 3, Sec. 130.... 650 spark catchers, where re- quired. Ords., Art. 3, Sec. 86 629 specifications in contracts pro- viding for. Ords., Art. 3, Sec. 3 598 Steam, Gas and Gasoline En- gines and Machinery, — affidavit to application for permit, Ords., Art. 3, Sec. 140 ... 653 — alterations, permit for. Ords., Art. 3, Sec. 145 ... 655 — appeal from order to re- move. Ords., Art. 3, Sec. 142 ... 654 — application for permit, what to show, blanks for. Ords., Art. 3, Sec. 139... 653 — fee. Ords., Art. 3, Sec. 141.... 653 — boilers, low pressure, per- mit for, publication un- necessary. Ords., Art. 3, Sec. 147.... 656 — for low pressure, not to use for power, penalty. Ords., Art. 3, Sec. 148.... 656 — for low pressure, not to exceed ten pounds, penalty. Ords., Art. 3, Sec. 149 ... 657 Page INSPECTOR OF BUILDINGS.— (Cont’d). Steam, Gas and Gasoline Engines, Etc. — (Cont’d). — steam, installation, per- mit for. Ords., Art. 3, Sec. 138.... 652 — steam, penalty for instal- lation without permit. Ords., Art. 3, Sec. 143 ... 654 — changes in installation, permit for as in new work. Ords., Art. 3, Sec. 145.... 655 —engineer, competent, to have charge of. Ords., Art. 3, Sec. 140.... 653 — gas and gasoline engines, installation, permit. Ords., Art. 3, Sec. 138. .. 652 — gasoline, storage tanks for. Ords., Art. 3, Sec. 146 ... 656 — issue of permit. Ords., Art. 3, Sec. 141.... 653 — ^low pressure boilers, per- mit, publication unneces- sary. Ords., Art. 3, Sec. 147 ... 656 — not to use for power, pen- alty . Ords., Art, 3, Sec. 148... 656 — excessive pressure , pen - alty. Ords., Art. 3, Sec. 149.... 657 — Mayor to approve permits. Ords., Art. 3, Sec. 141.... 653 — revocation of permits. Ords., Art. 3, Sec. 142 ... 654 — permit, condition of issue, Ords., Art. 3, Sec. 139... 653 — protests against permit, disposition of. Ords., Art. 3, Sec. 141.... 653 — publication of application, requirements for. Ords., Art. 3, Sec. 141. .. 653 — removal of plant on revo- cation of permit. Ords., Art. 3, Sec. 142 ... 654 — revocation of permit. Ords., Art. 3, Sec. 142.... 654 — steam engine installation, permit for, Ords., Art. 3, Sec. 138. ... 652 — storage tanks for gasoline. Ords., Art. 3, Sec. 146 ... 656 INSPECTOR OF BUILDINGS. 1460 INSPECTORS AND ANALYSTS. Page INSPECTOR OF BUILDINGS.— (Cont’d). Subordinates, Ords., Art. 3, Sec. 1..598, 599 — appointment of 598 — assistant clerk 599 — assistant inspector 599 — chief clerk 599 — compensation of 599 — construction engineer and assistants 599 — district inspectors 599 — draftsman 599 — elevator inspector 599 — extra clerk 599 — furnace inspector 599 — gasoline inspector 599 — permit and notice clerks.. 599 — stenographer tenement, lodging and apart- ment houses. {See under this title.') — ventilation of. Ords., Art. 3, Sec. 125..648-9 Unsafe and Condemned Build- ings, — appeal from orders of In- spector of Building. Ords., Art. 3, Sec. 150 ... 657 — approval of Mayor to safety measures. Ords., Art. 3, Sec. 152..-.. 658 — compliance with notice to secure, duty of owner. Ords., Art. 3, Sec. 150.... 657 — cost of safety measures, payment of, lien of. Ords., Art. 3, Sec. 151.... 658 — damages in demolition, owner liable for. Ords., Art. 3, Sec. 151.... 658 — disregard of notice, pro- ceedings upon. Ords., Art. 3, Sec. 151.... 657 — emergency action. Mayor to authorize. Ords,, Art. 3, Sec. 153.... 658 — execution on lien of costs. Ords., Art. 3, Sec. 151 .. 658 — fine for disregard of notice, Ords., Art. 3, Sec. 150.... 657 — foreclosure of lien of costs. Ords,, Art. 3, Sec. 151.... 658 — lien of costs of making safe. Ords., Art. 3, Sec. 151.... 658 — Mayor to approve safety measures. Ords., Art. 3, Sec. 152.... 658 Page INSPECTOR OF BUILDINGS.— (Cont’d) . Unsafe and Condemned Buildings. — (Cont’d). — Mayor to authorize im- mediate action when nec- essary. Ords., Art. 3, Sec. 153.... 658 — note 658 — notice in writing to owner tc make safe. Ords., Art. 3, Sec. 150.... 657 — notice, when to be posted on premises, contents of. Ords., Art. 3, Sec. 151.... 657 — penalt}^ for disregard of notice. Ords., Art. 3, Sec. 150.... 657 — posting notice to owner on premises. Ords. , Art. 3, Sec. 151.... 657 — proceedings when notice disregarded. Ords., Art. 3, Sec, 151. .. 657 vaults and areas, {See ''Building s"'' and "Vaults and Areas.") — cellar doors — alterations to. Ords., Art. 3, Sec. 159.... 660 — permit for construction. Ords., Art. 3, Sec. 154.... 659 walls — buildings of public character. Ords., Art. 3, Sec. 178.... 670 — clear span of, limits. Ords., Art. 3, Sec. 177.... 670 — concrete, party walls of. Ords., Art. 3, Sec, 193.... 676 — reduction of thickness of, discretion in. Ords., Art. 3, Sec. 183.... 672 INSPECTORS AND ANA- LYSTS, See ‘ ‘ Health ’ ’ and ‘ ‘ Inspec- tions, Weights and Meas- ures. ’ ’ bakeries, bake shops and can- dy factories and confection- ers; inspectors and analysts of. Acts, Sec. 73 139 Ords,, Art. 17, Secs. 35- 38 886, 887 duties and salaries. Acts, Sec. 6 56 INSPECTORS AND ANALYSTS. 1461 INVENTORY OF PROPERTY. Page INSPECTORS AND ANA- LYSTS.— (Cont’d). gas and oils, illuminating. {See ‘ 'Lamps a?id Light- ing P' sub-title "Assistafit Super mte^ident of.") Ords., Art. 20, Sec. 24.... 901 milk and food products ; ap- pointment of inspectors and analysts of. Acts, Sec. 74 139 plumbing. {See "Health.") Ords.. Art. 14. Sec. 129.. 836 — private sewers, inspection of by. Acts, Sec. 6 69 sanitary inspectors, appoint- ment by Commissioner of Health. Acts, Sec. 72 139 weights and measures, ap- pointment of inspector. Acts, Sec. 34 Ill INSTALLATION OF ELEC- TRICAL WIRING, See ‘ 'Inspector of Build- ings., ’ ’ sub-title ' ' Electfical Installation and Wiring' ' and "Licenses." Ords., Art. 3, Secs, 44- 54 614-618 INSTITUTIONS, appropriations for. Acts, Sec. 105 158 of charity — water rates for, basis for fixing. Ords., Art. 41, Sec. 66... .1220 INSTRUCTION, in schools — resident and non- resident pupils, fees for. Ords., Art. 32, Secs. 32- 34 1054-1056 of deaf, dumb and blind. {See "Deaf, Dumb and Blind. ' ' ) of habitual truants school for. Ords., Art. 32, Secs. 23- 27 1051-1052 Page INSURANCE, OF City Property, — Comptroller to represent city in collection of claims for. Ords., Art. 6, Sec. 6 700 — moneys paid for loss by by fire, accounting by Comptroller. Ords., Art. 6, Sec. 6... 700 — property to be insured, when. Ords., Art. 6, Sec. 7 700 — property within city limits not to be insured. Ords., Art. 6, Sec. 7.... 700 lives of firemen — Fire Com- missioners to effect, weekly benefits. Ords., Art. 11, Sec. 12.... 740 INTELLIGENCE OFFICES, license for. Acts, Sec. 6 61 INTEREST, See "Bills of Exchange and Promissory notes," "City Register, ' ' and ' 'Stocks, Loans and Finance." appropriation for in Ordinance of Estimates. Ords., Art. 34, Sec. 9....1079 city loans — State tax to be de- ducted from. Acts, Sec. 153 174 city stock, loan and transfer books, closing for payment of. Ords., Art. 34, Sec. 4....1078 INTEREST ACQUIRED, opening, extending and widening, etc., of streets. Acts, Sec. 6 73 INTESTATES’ ESTATES, See "Schools." INVENTORY OF CITY PROPERTY, heads of departments to fur- nish to librarian, exception. Ords., Art. 21, Sec. 1.... 904 905 IRON AND STEKL. jail. Page 1462 Page IRON AND STEEL CON- STRUCTION, See ''Buildings." Ords., Art, 3, Secs. 103- 112 634-642 ISSUES OF CITY STOCKS, amount of certificates. Ords., Art. 34, Sec. 2... 1077 JAIL, accounts of, visitors to keep. Acts, Sec. 125 164 assaulting firemen, penalty. Acts, Sec. 447 308 alterations and improvements in. Acts, Sec. 121 163 criminal offences, commit- ment to, default in fines. Acts, Sec. 444 307 diet of prisoners, visitors of Jail to provide. Acts, Sec. 121 163 entering jail without license, penalty. Acts, Sec. 136 167 iees. Warden to account for. Acts, Sec. 133 166 license to visit jail required. Acts, Sec. 137 167 liquors in— forbidden, pen- alty. Acts, Sec. 136 167 — prohibited, penalty. Acts, Sec. 135 166 persons committed to labor. Acts, Sec. 122 164 power to own, regulate and control. Acts, Sec. 6 57 prisoners affected by disease or becoming insane. Acts, Sec. 144 169 separate confinement of cer- tain prisoners. Acts, Sec. 140 168 subordinates of warden. Acts, Sec. 130 166 vagrants in, to work. Acts, Sec. 123 164 JAIL. — (Cont’d). Visitors Of, — accounts, books of. Acts Sec. 125..... 164 — account for fees, warden to. Acts, Sec. 133 166 — almshouse, when to trans- fer prisoners to. Acts, Sec. 143 169 — annual statement of ex- penditures. Acts, Sec. 134 166 — authority and power to visit jail and prisoners. Acts, Sec. 120 163 — bedding and clothing of prisoners, repairs to jail. Acts, Sec. 121 163 — by-laws for government of jail. Acts, Sec. 120 163 — cases cited. Acts, Sec. 118 162 — charities and corrections, second sub-department of. Acts, Sec. 118 162 — convicts separate from persons awaiting trial. Acts, Sec. 122 164 — to labor. Acts, Sec. 122 164 — diet of prisoners, provide. Acts, Sec. 121 163 — discipline of jail, regula- tions for. Acts, Sec. 122 164 —duties. Acts, Sec. 118 162 — meetings, notice of. Acts, Sec. 119 163 — powers. Acts, Sec. 118 162 — prisoners work, allowance of, proceeds of. Acts, Sec. 124 164 — reduction of sentence of prisoners. Acts, Sec. 139 168 — regulations, rules, power to make. Acts, Sec. 118 162 — subordinates of warden, approval of. Acts, Sec. 130. 166 JAIL. JONES’ FALLS. 1463 Page JAIL.— (Cont’d). Visitors Of. — (Cont’d). — supervision over persons committted to penal and reformatory institutions, to have. Acts, Sec. 118 162 —of, to control. Acts, Sec. 118 162 — vagrants required to work. Acts, Sec. 123 164 — Warden subordinate to. Acts, Sec. 127 165 — workshop in City Jail. note 164 Page JOINT TENANTS.— (Cont’d). division of real estate by, with reference to streets, etc., laid out thereon, ac- ceptance of, by city. Acts, Sec. 831 524 JONES’ FALLS, abutting property owners to wall up. City Engineer to notify. Ords., Art. 18, Sec. 2 889 acquisition of property. Acts, Sec. 6 58 visits to prisoners. Acts, Sec. 137 167 Warden of. i^See ‘ ‘ Warde7i of Jail. ’ ’ ) Acts. Sec. 126 165 — to take oath of office. Acts, Sec. 129 165 JOHNS HOPKINS UNIVER- SITY, Art Commission, to appoint member of. Acts, Sec. 201 207 Department of Legislative Reference, president on Board of. Acts, Sec. 208A 210 power to confer degrees, to confer honorary degrees. Acts, Sec. 815 502 power to establish branches, purchase and hold property, to maintain principal office in city. Acts, Sec. 814 501 JOINT CONVENTION OF CITY COUNCIL, See ''City Council."' JOINT TENANTS, in proceedings for opening, etc., streets. {See "Streets, Bridges and Highways, ’ ’ ‘ ‘ Condemnation oj Prop- erty , ” ‘ ‘ Commissioners for Opening Streets,''' and "Opening, etc.. Streets."') appeals from decisions under provisions of ordinances relating to. Acts, Sec. 600 359 — in condemnation cases. Acts, Sec. 6 59 assessment of benefits and damages. Acts, Sec. 6 59 city dock drawbridge, regu- lating operation of, pen- alty. Ords., Art. 18, Sec. 5.... 890 City Engineer to wall up on refusal of property owners to do so, costs to be lien on property. Ords., Art. 18, Sec. 3.... 889 condemnation of property for improvements; appeals in. Acts, Sec. 6, 58-59 — collection of assessments. Acts, Sec. 6 59 costs of construction of walls, recovery of, from owners cf property binding on. Ords., Art. 18, Sec. 3.... 889 fines, recovery of, hereunder. Ords., Art. 18, Sec. 7.... 890 grades of streets. Acts, Sec. 6 60 grading and paving in im- proving same. Acts, Sec. 6 60 improvement of. Acts, Sec. 601 359 Acts, Sec, 6 58 JONES ^ FALLS. JUDGMENTS. 1464 Page JONES’ FALLS.— (Cont’d). issue of bonds of $2,500,000. Acts, Sec. 6 60 keeper of drawbridge to re- port offending vessels. Ords., Art. 18, Sec. 6.... 890 lien of cost of walls on prop- erty binding on. Ords., Art. 18, Sec. 3.... 889 limits of. Acts, Sec. 6 59 navigation of. Ords., Art. 18, Secs. 4,5 889-90 obstruction to, prevention of, duty of City Engineer. Ords., Art. 18, Sec. 1.... 888 ordinance for improvement of, validity of. Acts, Sec. 601 359 — of January 31, 1870. Acts, Sec. 6 60 penalties, recovery of here- under. Ords., Art. 18, Sec. 1 .... 890 provisions in relation to streets and sewers. Acts, Sec. 600 359 repair to walls by owners of property binding on. Ords., Art. 18, Sec. 2 889 title to land acquired. Acts, Sec. 6 59 vessels entering and leaving, signal to keeper of draw- bridge, penalty. Ords., Art. 18, Sec. 4..889-90 walling up same. Ords., Art. 18, Secs. 2,3 889 walls of — when cit}^ may build. Acts, Sec. 6 60 — owners to build or repair. Acts, Sec. 6 60 wharves or quays along. Acts, Sec. 6 Page JOURNAL OF CITY COUN- CIL, See '‘'‘City Council."' branches to keep, yeas and nays to be entered. Acts, Sec. 217 215 printing of specifications for, prices, binding. Ords., Art. 29, Secs. 6-8 1009-10 vote final, by yeas and nays entered on. Acts, Sec. 221 217 JOURNALISTS’ CLUB OF BALTIMORE CITY, badges to newspaper repre- sentatives, authority to issue. Ords., Art. 25, Sec. 63.. 978 JUDGES OF SUPREME BENCH, See "‘Courts.'''' Ords., Art. 8, Sec. 1 716 Grand Jury, selection of. Acts, Sec. 604 361 jurors, selection of 750 names. Acts, Sec. 602 360 JUDGMENTS, See '‘'Courts — Law Courts of Baltimore City.'''' appeals from tax assessments; judgment of City Court. Acts, Sec. 170 186 by default. note 269 — assessment of damages after. Acts, Sec. 314 269 — when to be entered. Acts, Sec. 308 264 indexes in law courts. Acts, Sec. 362 284 motions in arrest of. Acts, Sec. 300 261 supersedeas of; by whom to be taken. Acts, Sec. 647 386 when below jurisdiction of court. Acts, Sec. 312. 59 266 JUDGMENTS. JURORS. Page 1465 Page JUDGMENTS.-(Cont’d) . when to be entered. Acts, Sec. 312 365 where part of claim is ad- mitted. Acts, Sec. 312 266 JUDGMENTS AND DE- CREES, report of, to Appeal Tax Court. Acts, Sec. 165 182 JUDGES OF ORPHANS’ COURT, per diem of. Acts, Sec. 352 281 JURISDICTION, of courts; Circuit Courl No. 2 of Baltimore City. Acts, Sec. 325 274 of Justices of the Peace. {See ‘ '‘Justices of the Peace. ’ ’ ) of Police Magistrates. {See ‘ Justices of the Peace. ”) JURORS, See '‘'‘Clerks of Courts;'''' ‘ ‘ Condemnation Proceed- ings;'' "Condemnation of Property'''' and '‘'‘Courts.'''’ additional jurors, drawing of. Acts, Sec. 607 365 — summoning. Acts, Sec. 608 366 attendance of, penalty. Acts, Sec. 611 369 certificate of clerk, of per diem, not assignable. Acts, Sec. 621 373 challenge, peremptory by State. Acts, Sec. 618 372 City Collector, compensation for list of taxpayers. Acts, Sec. 603 360 compensation in condemna- tion proceedings. Acts, Sec. 6 90 City Register to pay jurors. Acts, Sec. 621 373 JURORS.— (Cont’d). deposit of jury books. Acts, Sec. 608 365 drawing of 400 names. Acts, Sec. 605 363-4 — fraud in, penalty. Acts, Sec. 614 371 emergency drawing. Acts, Sec. 609 367 excuse from service. Acts, Sec. 611 369 exemption of volunteer mili- tia. Acts, Sec. 622 373-4 exhaustion of whole list. Acts, Sec. 610 367-8 failure of talesmen to appear. Acts, Sec. 610 367-8 fines for absence. Acts, Sec. 611 369 fraud in drawing. Acts, Sec. 614 370-1 indictment, not affected by irregularity in drawing jury. Acts, Sec. 620 372-3 Judges of Supreme Bench, selection by. Acts, Sec. 602 360 — to certify jury books. Acts, Sec. 606 364 — duty in drawings. Acts, Sec. 605 363-4 judgment not affected by irregularity in drawing jury. Acts, Sec. 620 373-4 jury books, entry of names in. Acts, Sec. 606 364 — deposit of. Acts, Sec. 608 365-6 list of names, selection of. Acts, Sec. 602 360 — of jurors to be furnished City Register. Ords., Art. 19, Sec. 1... 891 — of names for jurors. Acts. Sec. 602 360 — of discharged jurors for payment. Ords., Art. 19, Sec. 1.... 891 JURORS. JURORS. 1466 Page JURORS.— (Cont’d). — of taxpayers, City Collect- or furnish. Acts, Sec. 603 360 maintenance of lists. Acts, Sec. 612 369 militia exempt from jury duty. Acts, Sec. 622 373 penalty for absence. Acts, Sec. 611 369 — for dereliction of duty here- under. Acts, Sec. 620 373-4 — for fraud in drawings. Acts, Sec. 614 370-1 per diem of. Acts, Sec. 621 373 peremptory challenges. Acts, Sec. 618 372 quorum of Supreme Bench. Acts, Sec. 617 372 record of names drawn . Acts, Sec. 602 360 recording names in order chosen. Acts, Sec. 605 363-4 recovery of fines for absence. Acts, Sec. 611 369 reserve list, order of service. Acts, Sec. 608 365-6 reserves, additional. Acts, Sec. 612 369-70 selection of 750 names. Acts, Sec. 602 360 service as prescribed. Acts, Sec. 607 365 Sheriff, duty of, in drawings. Acts, Sec. 605 363-4 special juries. Acts, Sec. 615 371 subsequent drawings as re- quired. Acts, Sec. 612 369-70 summoning. Acts, Sec. 608 366 tales de circumstantibus. Acts, Sec. 610 367-8 talesmen, failure to appear. Acts, Sec. 610 367-8 Page JURORS.— (Cont’d). — from regular panels. Acts, Sec. 613 370 term of service. Acts, Secs. 611, 612 369-70 volunteer militia exempt from jury duty. Acts, Sec. 622 373-4 Grand Jury, — absence of foreman. Acts, Sec. 604 362 — additional names when jurors excused. Acts, Sec. 604 361 — attest of judges, to list. Acts, Sec. 604 361 — authority and duties of clerk. Acts, Sec. 604A 362 — clerk, duties, secrecy. Acts, Sec. 604C 362 — qualifications. Acts, Sec. 604A 362 — oath. Acts, Sec. 604B 362 — clerk, penalty, for viola- tion of oath. Acts, Sec. 604D 363 — correction of lists of jurors. Acts, Sec. 604 361 — disqualification of fore- man. Acts, Sec. 604 362 — foreman. Acts, Sec. 604 361 — jail, to visit, inspect and report on. Acts, Sec. 619 372 — judges of Supreme Bench to select. Acts, Sec. 604 361 — list of names to Sheriff. Acts, Sec. 604 361 — meeting of j udges to select names. Acts, Sec. 604 361 — minutes of, custody of. Acts, Sec. 604C 363 — oath of clerk. Acts, Sec. 604B 362 — salary of clerk. Acts, Sec. 604A 362 — selection of 23 names by judges. Acts, Sec. 604 361 — Sheriff to summon per- sons selected. Acts, Sec. 604 361 JURY. 1467 JUSTICES OF THE PEACE. Page JURY, Circuit Court of Baltimore City; in trials in. Acts 323, 273 JURY BOOKS, See '''Jurors." JURY OF INQUISITION, See " Condemnation of Prop- erty'' and "‘Condemnation Proceedings. ' ' selections of, in condemna- lui watci, etc., Acts, Sec. 6 88-91 water, water rights. Acts, Sec. 6 88-91 JURY TRIAL, See "Appeals from Assess- ments' ' and ‘ 'Hackney Carriages and Coaches. ' ' appeals from tax assessments. Acts, Sec. 17u 186 assessment of damages in opening of sewers, etc. Ords., Art. 33, Sec. 9..1067-8 — for r a i 1 r oad tracks, etc. Acts, Sec. 6 66 condemnations for Jones’ Falls improvements. Acts, Sec. 6 59 motion for, to be in writing. Acts, Sec. 314 269 opening, closing, etc. streets, {See "Commissioners for Opening Streets.") Acts, Sec. 6 73 Acts, Sec. 179 196 JUSTICES OF THE PEACE, See ' 'Landlord and Tenant. ' ' "Magistrate for Juvenile Causes" and " Thieves and Pickpockets. ’ ’ accounting of fines by; affidav- it thereto; details of accounting. Acts, Sec. 643 385 appointment of, by Governor. Acts, Sec. 623 374 Page JUSTICES OF THE PEACE.— (Cont’d). appeals from decisions of. note 271 — trial of; costs in. Acts, Sec. 319 271 arrests, — when police magis- trates are not on duty. Acts, Sec. 631 378 bond of; conditions and pen- alty. Acts, Sec. 624 376 commitments of vagrants by. Acts, Sec. 141 168 costs of commitments of va- grants. Acts, Sec. 141 168 dockets and papers — disposi- tion of upon death, resigna- tion or remaval. Acts, Sec. 648 387 extra compensation; when called out of office. Acts, Sec. 628 377 fees not to be paid by city of Baltimore. Acts, Sec. 639 383 fines forfeitures and penal- ties — accounting of city’s portion of. Acts, Sec. 644 38S — affidavit when none col- lected. Acts, Sec. 645 386 — payment of same to clerk of Court of Common Pleas. Acts, Sec. 643 385 gunpowder, search warrant when concealed. Ords., Art. 11, Sec. 83.. 765 hawkers and peddlers. — {See Station House Justices here- under. ) juri.sdiction of. Acts, Sec. 632 379-80 landlord and tenant — appeal. Acts, Sec. 655 389 — dispossession. Acts, Sec. 654. 389 JUSTICES OF THE PEACE. 1468 JUSTICES OF THE PEACE. Page JUSTICES OF THE PEACE. — ( Cont ’ d ) . — fees, penalty for excessive. Acts, Sec. 656 390 — powers of, relating to. Acts, Sec. 852 550 — proceedings for reposses- sion. Acts, Sec. 652 387-88 — trial in repossession. Acts, Sec. 653 388-89 location of office to be within his legislative district. . Acts, Sec. 629 377 Magistrate for Juvenile causes, — appointment of. Acts, Sec. 623A 374 — absence of. Acts, Sec. 623A 375 — clerk to. Acts, Sec. 623A 375 — appointment, duties, sal- aries. Acts, Sec. 623A 375 — jurisdiction of magistrate. Acts, Sec. 623A 375 — minors, — arrest, temporary confinement and commit- ment of; may commit minors to juvenile insti- tutions. Acts, Sec. 623A 374 — policemen to attend court of. Acts, Sec. 623A 375 — powers of. Acts, Sec. 623 A. 375 — qualifications of. Acts, Sec. 623A 375 — salary of. Acts, Sec. 623 A 375 misdemeanor in office punish- able by removal. Acts, Sec. 649 387 neglect of, to pay over money due city, presentment to Grand Jury. Ords., Art. 10, Sec. 2.... 729 non-pros, informer liable for costs. Ords., Art. 10, Sec. 3.... 730 office hours. Acts, Sec. 625 377 Page JUSTICES OF THE PEACE.— (Cont’d). police magistrates.— Station House Justices here- under. ) Station-house Justices, — absence or sickness of, * substitutes. Acts, Sec, 637 382 — additional justices for. Acts, Sec. 630 378 — appointment of, by Govern- or. Acts, Sec. 630 379 — arrests; all persons arrested to be brought before station-house justices. Acts, Sec. 642 384 — assault and battery cases. Acts, Sec. 632 379-80 — attendance and duties. Acts, Sec. 630 378 — collateral for appearance when justice absent. Acts, Sec. 631 378-79 — commitment of accused in default of payment of fine. Acts, Sec. 633 381 — concealed weapons; trial of cases involving. Acts, Sec. 632 379 — conviction of accused; pen- alty to be imposed. Acts, Sec. 633 381 — costs collected to be paid to Police Commissioners. Acts, Sec. 646 386 — criminal offences within their jurisdiction. Acts, Sec. 632 ......379-80 — duties, authority and juris- diction relating to crimi- nal offences defined. Acts, Sec. 632 379-80 — Governor may re-assign or select other justice to perform duties. Acts, Sec. 635 381 — hawkers and peddlers sel- ling without license, trial of Acts, Sec. 632 380 — hours of duty. Acts, Sec. 630 378 — jury trial; accused to be committed or held for court on bail. Acts, Sec. 632 380 JUSTICES OF THE PEACE. 1469 KEYS OF AEARM BOXES. Page JUSTICES OF THE PEACE.— (Cont’d). Station-house Justices — (Cont’d). — leave of absence with pay; designation of substitutes by Police Commissioners. Acts, Sec. 638 383 — not to receive fees or gra- tuities. Acts, Sec. 636 382 — not to try certain offenses. Acts, Sec. 632 380 — offenders; when to be com- mitted or released on bail. Acts, Sec. 632 380 — petty offenses; vagrancy; dependent and vicious children. Acts, Sec. 632 379-80 — salary; payment of, upon certificate of Police com- missioners. Acts, Sec. 636 382 — substitute justices; compen- sation of substitutes; when their pay shall be deducted from salary of regular justice Acts, vSec. 637 382-83 — witnesses for prosecution; names to be endorsed on commitment or recogniz- ance. Acts, Sec. 634 381 — writs returnable in all cases before station-house jus- tices. Acts, Sec. 641 384 — writs, warrants, subpoenas and commitments issued by, — service of. Acts, Sec. 640 384 summons in debt and dam- ages; penalty for improper summons. Acts, Sec. 626 377 superseded judgments for fines, copy to officer who served summons. Ords., Art. 10, Sec. 5 ... 730 supersedeas of judgment in courts of city, not to be taken by; same to be taken by clerks of said courts. Acts, Sec. 647 386 Page JUSTICES OF THE PEACE.— (Cont’d). writs to be returnable before station-house justices when issued by other justices. Acts, Sec. 641 384 — where returnable. Acts, Sec. 627 377 JUVENILE CAUSES, magistrate for — {See^^ Justices of the Peace/’) JUVENILE COURT, probation officers; authority and salary. Acts, Sec. 886 A 561 — duties of. Acts, Sec. 886B 561 JUVENILE INSTITUTIONS, commitment of minors to. Acts, Sec. 623A 375 instruction and care of chil- dren in, Ords., Art. 32, Sec. 27..1052 powers and authority of cer- tain named institutions. Acts, 886 561 JUVENILE OFFENDERS, See ‘ Justices of the Peace. ’ ’ exemption from provisions of Secs. 104 to 116 inclusive of Charter. Acts, Sec. 117 162 KEEPERS OF THE STAND- ARDS OF WEIGHTS AND MEASURES, See ‘ '‘Inspections., Weights and Measures. ’ ’ Ords., Art. 17, Sec. 18, 882 KEROSENE, See ‘ 'Fire Regulations. ’ ’ sale of. Ords., Art. 11, Sec. 86, 766 KEYS OF FIRE ALARM OR SIGNAL BOXES, penalty for unauthorized pos- session. Ords., Art. 11, Sec. 52.... 754 I.ABOR. 1470 LAMPS AND lighting. LABOR, See Hours of Labor." Page City Engineer authorized to obtain skilled labor. Ords., Art. 35, Sec. 7, 1093 LABORATORIES, CHEM- ICAL. Acts, Sec. 493 321 city work, registered voters to be given preference Ords., Art. 35, Sec. 6, 1093 LABOR DAY, employes of city to cease work. Ords., Art. 15, Sec. 2, 867 to be municipal holiday. Ords., Art. 15, Sec. 2, 867-868 LAKE CLIFTON, construction and completion of. Acts. Sec. 6 92 LAMPS AND LIGHTING, General Provisions, — advertisement for propos- als for lamps, etc. Ords., Art. 20, Sec. 15, 898 — applications for new lamps. Ords., Art. 20, Sec. 3, 894 — bicycles, lamps required on, penalty. Ords., Art. 25, Sec. 88, 988 — coal oil, testing, sale, etc. Ords., Art. 20, Secs. 25 28-29 902-903 — consumers to be instructed in use of meters on re- quest, fee. Ords., Art. 20, Sec. 12, 897 — contracts for lighting, for- feit clause for dead lamps. Ords., Art. 20, Sec. 16, ......898-899 — contract for street lamps, to advertise for propos- als, burners. Ords., Art. 20, Sec. 15, 898 — counterfeiting and defac- ing seals on meters. Ords., Art. 20, Sec. 14, 898 Page LAMPS AND LIGHT’G.-(Cont ’d). General Provisions. — (Cont’d). — data of tests, record of. Ords., Art. 20, Sec. 13, 897 — density of oils, mimimum, penalty. Ords., Art. 20, Sec. 28, 903 —engine houses, lamps in front of. Ords., Art. 11, Sec. 43, 751 — erection of lamps. Acts, Sec. 6 80 — flashing point of oil, test of. Ords., Art. 20, Sec. 25, 902 — gas companies to lay mains as ordered by city. Ords., Art. 20, Sec. 4, 894 — gas, sale of impure and inferior, penalty. Ords., Art. 20, Sec. 27, 902-903 — gasoline, sale of, for other uses, not prohibited. Ords., Art 20, Sec. 29, 903 — inspection and proving of meters. Ords., Art. 20, Sec. 8, 895 — of new meters, fee, pen- alty. Ords., Art. 20, Sec. 9, 896 — meters— degree of ac- curacy required. Ords., Art. 20, Sec. 8, 896 — discontinued — to be re- inspected, penalty. Ords., Art. 20, Sec. 11, 897 — names of streets on corner lamps, to place. Ords., Art. 20, Secs. 17 18 899 — neglect of gas companies, to report to City Council. Ords., Art. 20, Sec. 4, 894 — permit for shades over street lamps. Ords., Art. 20, Secs. 19 20 899 — obstructing inspection of oils, penalty. Ords., Art. 20, Sec. 25, 902 —penalty for furnishing in- ferior gas or oil. Ords., Art. 20, Secs. 27 28 902-903 —for refusing samples of oil. Ords., Art. 20, Sec. 25, 902 LAMPS AND LIGHTING. 1471 LAMPS AND LIGHTING. Page LAMPS AND LIGHT'G.-(Cont’d). General Provisions. — (Cont’d). — petroleum, products of, sale, test, etc. Ords., Art. 20, Secs. 25 28-29 902-903 — recovery of fines and pen- alties imposed. Ords., Art. 20, Sec. 30, 903 — stables, lamps in, fire pre- cautions, penalty. Ords., Art. 11, Sec. 54, 755 — streets, lighting of. Acts, Sec. 6 80 Assistant Superintendent of, — appointment, qualifica- tions. Ords., Art. 20, Sec. 24, 901 — bond of. Ords., Art. 20, Sec. 24, 901 — density of oils, test of. Ords., Art. 20, Sec. 25, 902 — duties of. Ords , Art. 20, Secs. 24 25 901-902 — flashing points of oils, minimum, penalty,' Ords., Art. 20, Sec. 28, 903 — gas, test of, -where test to be made, penalty for in- ferior quality, proviso. Ords., Art. 20, Secs. 25 27 902-903 — illuminating power of gas and oils, test of. Ords., Art. 20, Sec. 25, 902 — inspection of illuminating gas and oil. Ords., Art. 20, Secs. 24 25 901-902 — oath of office. Ords., Art. 20, Sec. 24. 901 — purity of gas, tests of. Ords., Art. 20, Secs. 25 27 902-903 — qualifications of. Ords., Art. 20 Sec. 24, 901 — quality of gas, test of , where test made. Ords., Art. 20, Sec. 26, 902 — report weekly to Superin- tendent of Lamps and Lighting. Ords., Art. 20, Sec. 25, 902 — salary of. Ords., Art. 20, Sec. 2, 893 Page LAMPS AND LIGHT’G.-(Cont’d). Assistant Superintendent of, (Cont’d). — Tagliabue’s tester, use of. Ords., Art. 20, Sec. 25 902 — testing gas and oils. Ords., Art. 20, Secs. 25 29 902-903 District Superintendents of Lamplighters, — assignment of to districts. — broken lamps. — cleaning lamps. — duties — hours for lighting and ex- tinguishing lamps. — police, duties of relating to lamps. — reports to Superintendent of Lamps and Lighting. Ords., Art. 20, Sec. 23, 900-901 — salaries of. Ords., Art. 20. Sec. 2, 893 Superintendent of Lamps and Lighting, — accuracy of meters, per- missible variation. Ords., Art. 20, Sec. 8, 896 — annual report to Mayor. Ords., Art. 20, Sec. 13, 898 — apparatus for testing me- ters, etc., authority to purchase. Ords., Art. 20, Sec. 7, 895 — appeal from decision of, in tests. Ords., Art. 20, Sec. 8, 896 — bills against city for gas to be certified by. Ords., Art. 20, Sec. 4, 894 — bond of. Ords., Art. 20, Sec. 1, 93 — burners of lamps, not to be confined to any patent. Ords , Art. 20, Sec. 15, 898 — district superintendents of lamplighters, to report to. Ords., Art. 20, Sec. 3, 894 — duties of. Ords., Art. 20, Sec. 3, 894 — electric lamps, changing location of. Ords., Art. 20, Sec. 22 900 — employes and subordi- nates, salaries of. Ords., Art. 20, Sec. 2, 893 LAMPS AND LIGHTING. 1472 LAMPS AND LIGHTING. Page LAMPS AND LIGHT’G.-(Cont’d). Superintendent of Lamps and Lighting. — (Cont’d). — erection of new lamps and pillars. Ords., Art. 20, Sec. 3, 894 — fees of. Ords., Art. 20 Secs. 6-8 11-12 895-897 — forfeit clause in lighting contracts. Ords., Art. 20, Sec, 16, 898-899 — gas mains record of, as laid, annual report of to City Council. Ords., Art. 20, Sec. 4, 894 — gasoline lamps, may change to gas when necessary. Ords., Art, 20, Sec, 5, 895 — instructing consumers in use of meters. Ords., Art. 20, Sec. 12. 897 — lighting and cleaning of lamps, to regulate. Ords., Art. 20, Sec. 3, 894 — meters, accuracy of, per- missible variation. Ords., Art. 20, Sec. 8, 896 — in public buildings, etc., monthly statement of. Ords., Art. 20, Sec. 4, 894 — inspecting and proving. Ords., Art. 20, Sec. 8, 895 —to test, stamp and mark. Ords., Art. 20, Sec. 6, 895 — monthly statement of me- ters in public buildings and markets and of streets lamps. Ords., Art. 20, Sec. 4, 894 — new lamps, to erect when required, on proper ap- plication . Ords., Art. 20, Sec. 3, 891 — new meters, inspection re- quired before use, pen- • alty, fee. Ords., Art. 20, Sec. 9, 896 — penalties imposed. Ords. Art. 20, Secs. 9 11-14 896-898 — purchase testing appara- tus, authority to. Ords., Art. 20, Sec. 7, 895 — record of tests, etc., an- nual report to Mayor. Ords., Art. 20, Sec. 12, 897-898 LAMPS AND LlGHT’G.-(Cont’d5^ Superintendents of Lamps and Lighting. — (Cont’d). — removal of shades over streets lamps. Ords., Art. 20, Sec. 21, 899-900 — removed meters to be re- inspected. Ords., Art. 20, Sec. 11, 897 — report annually to Ma3^or. Ords., Art. 20, Sec. 12, 898 — shades over street lamps, permit for. Ords., Art. 20, Secs. 19, 20 899 — shades over street lamps, removal of. Ords., Art. 20, Sec. 21, 899-900 — salaries of subordinates. Ords., Art. 20, Sec. 2, 893 —sealing, etc., meters before setting. Ords., Art. 20, Sec. 10, 896 — street names on lamps at corners, Ords., Art. 20, Secs. 17, 18 899 — supervision of meters, etc. , in city departments. Ords., Art. 20, Sec. 4, 894 — testing apparatus, author- ity to purchase. Ords., Art. 20, Sec. 7, 895 — test, stamp and mark me- ters. Ords , Art. 20, Sec. 6, 895 — testing meters, when con- sumer and when gas company to pay fee. Ords., Art. 20, Sec. 8, 895 — variation of meters, two per cent permitted. Ords., Art. 20, Sec. 8, 896 LAMPS AND LIGHTING, SUPERINTENDENT OF, See ‘‘'Lamps and Lighting,^' sub-title ‘ ‘ Superintendent of." LAMPS, LAMP POSTS AND PILLARS, advertising on, prohibited, penalty. Ords., Art. 25, Sec. 57 ... 976 LAMPS, lamp posts. 1473 LANDLORD AND TENANT. Page LAMPS, LAMP POSTS AND PILLARS. — Cont ’ d). contracts for furnishing, etc., advertising for, burners for. Ords., Art. 20, Sec. 15.... 898 injury to, penalty, offenders to pay cost of repairs. Ords., Art. 25, Sec. 58.... 976 interfering or tampering with, penalty. Ords., Art. 25, Sec. 57... 976 LAND FOR PUBLIC PUR- POSES, condemnation of. Acts, Sec. 6 48 LANDMARKS OF STREETS, defacing, disturbing, etc., penalty. Ords., Art. 25, Sec. 56.... 976 LAND RECORDS, copies of land records to be evidence. Acts, Sec. 365 285 index of, to be prepared by clerk Superior Court. Acts, Secs. 802, 803....498, 499 — plan of to be approved by Supreme Bench. Acts, Sec. 803 498 record books to be kept. Acts, Sec. 366 286 Superior Court clerk to copy certain records. Acts, Secs. 364, §364a, §364b, 365, 366 285-286 worn-out records ; renewal of by clerk Superior Court ; costs to be defrayed out of fees of his office. Acts, Secs. 804, 805 499 LANDLORD AND TENANT, See ‘ '"Justices of the Peace. ’ ’ appeals to Baltimore City Court. Acts, Sec. 860 552 — cases, triable at first term unless court orders other- wise. Acts, Sec. 863 553 — no reversal for errors of form. Acts, Sec. 862 553 Page LANDLORD, Etc. — (Cont’d). cases removable to City Court only on appeal. Acts, Sec. 861 552 damages to tenant when judg- ment is against landlord. Acts, Sec. 858 551 dispossession of tenants — pro- ceedings for. Acts, Secs. 553-864....550..553 interrogatories — c o p i e s of served in same manner as notices to quit. Acts, Sec. 856 551 Justice of the Peace — power to render judgments, sub- ject to appeal. Acts, Sec. 852 550 landlord may claim rent when goods sold under order of court. Note 548 — cannot petition in an at- tachment suit when right of distress does not exist. Note 548 Notice, — to tenant at will. note 548 — gives landlord right to pos- sess lands or tenements. Acts, Sec. 850 550 — by agreement ; effect of. Acts, Sec. 851 550 — of tenant to landlord. Acts, Sec. 847 549 — to tenant at will or other- wise. Acts, Sec. 846 549 — to tenant for less than a year. Acts, Sec. 845 548 — tenant from year to year. Acts, Sec. 844 ^548 — tenant or landlord need not state the time of leav- ing. Acts, Sec. 849 549 — to tenant to be in writing and served on tenant ^or agents or set upon prem- ises. Acts, Sec. 848 549 — to quit ; requisites of. Acts, Sec. 849 549 I.AUNDRIES. EANDEORD AND TENANT. 1474 Page LANDLORD, Etc— (Cont’d). rent — assignee of leasehold interest ; when liable for. foot-note 548 rights of lessor and lessee ex- tend to heirs, executor, as- signs and other representa- tives. Acts, Sec. 864 553 summons in proceedings to dispossess. Acts, Sec. 853 550 tenancy for a year. note 548 Tenant Holding Over, —adjournment of trial. Acts, Sec. 653 388-9 — appeal, appeal bond. Acts, Sec. 655 389-90 — bond required of tenant on appeal. Acts, Sec. 860. 552 — cc mplaint of landlord be- fore Justice of the Peace. Acts, Sec. 652 387-8 ^^Acis, Sec. 656 390 — damages payable by ten- ant, when. Acts, Sec. 857 and note.. 551 — dispossession . Acts, Sec. 654 390 — distress, when denied. Acts, Sec. 650 387 — execution. Acts, Sec. 655 389-90 — fees and charges. Acts, Sec. 656 390 — interrogatories to tenant. Acts, Sec. 855 551 — judgment for lessor, pro- viso. Acts, Sec. 653 388-89 — notes, cases cited 390 — order of surrender to ten- ant. Acts, Sec. 653 388-89 — penalty for excessive charges by justices. Acts, Sec. 854 550 — questions to be answered by tenant. Acts, Sec. 656 390-1 — rent payable by, after notice. Acts, Sec. 859 552 Page LANDLORD, Etc.— (Cont’d). Tenant Holding Over. — (Cont’d). — repossession, proceedings for. Acts, Sec. 652 387-8 — service of summons. Acts, Sec. 652 388-9 — stay of execution. Acts, Sec. 655 389-90 — summons to tenant in arrear. Acts, Sec. 652 ..388-9 — sureties on appeal bond. Acts, Sec. 655 389-90 — trial. Acts, Sec. 653 388-9 — warrant of re-entry. Acts, Sec. 654 389 verbal agreements between ; validity of. note 548 LANDS, sales of by State in Burnt Dis- trict. App. A, Sec. 34 1261 LARCENY, penalty for petty larceny. Acts, Sec. 331 276 purchases from children un- der sixteen. — ^articles prohibited, pro- viso. Acts, Sec. §656a 391 — larceny, general law pro- visions not affected. Acts, Sec. §656c 391 — parent to accompany child and certify to his right to sell. Acts, Sec. §656a 391 — penalty for falsely certify- ing. Acts, Sec. §656b 391 LARD AND BUTTER, seizure by market clerks when short weight. Ords., Art. 23, Sec. 3 919 LAUNDRIES, free, public, provisions for. Ords., Art. 27, Sec. 5 1003 1475 legislative districts. Page LAURENS street. Page LAURENS STREET, cattle on prohibited, penalty. Ords., Art. 25, Sec. 25.... 967 LAW COURTS OF BALTI- MORE CITY, See ''Courts.'' powers of clerks of. note 282 LAW DEPARTMENT, See "City Solicitor.'' City Solicitor to be head of. Acts, Sec. 60 133 composition of 109 office hours of. Acts, Sec. 64 135 office of. Acts, vSec. 64 135 traveling expenses to be allowed. Acts, Sec. 67 136 LAFAYETTE MARKET, provisions relating to. Ords., Art. 23, Secs. 93- 95 946-947 LEAKAGE OF GASOLINE, See "Fire Regulations." automobile stations, fire pre- cautions in. Ords., Art. 11, Sec. 75.... 761 LEASEHOLD PROPERTY, redemption of by owner when sold for taxes. Acts, Sec. §47a 125 LEASEHOLDS, distinguished from fees in sewer condemnations. Ords., Art. 33, Sec. 17.... 1071-2 LEASE OF CITY PROPER- TY, See "Deeds, Leases and Trans- fers. ' ' rents to be applied to sinking fund. Ords., Art. 34, Sec. 12 . ..1080 LEASES, See "Deeds, Leases and Transfers. ' ' LEATHER, IRON AND TO- BACCO, sales of by manufacturers. Acts, Sec. 278 236 LEAVE OF ABSENCE, See "Police Commissioners." LEE STREET, vehicles ; stands for prohibit- ed. Ords., Art. 4, Sec. 32 691 LEGAL INSTRUMENTS AND PAPERS, See "Conveyances" and ' 'Deeds, Leases and 7 rans- fers." City Solicitor to approve as to form and legal sufficiency. Acts, Sec. 63 135 LEGAL OPINIONS, City Solicitor to furnish same in writing. Acts, Sec. 63 135 — clerk of, to preserve and file same. Acts, Sec. 65 136 LEGISLATIVE DEPART- MENT, See "City Council." City Council to constitute, case cited and note. Acts, Sec. 209 211 LEGISLATIVE DISTRICTS, boundaries of. — first district. Acts, Sec. 657A 394-5 note 395 —second district . Acts, Sec. 657A 394-5 — third district. Acts, Sec. 657A 394-5 councilmanic districts, re-ar- rangement of. Acts, Sec. 657B 395-6 I.IBRARIAN. I^KGISLATIVK DISTRICTS. 1476 Page LEGISLATIVE DISTRICTS, Wards, — advertisement of p r e - cincts. Acts Sec. §656h 393 — boundaries, book of de- scriptions of. Acts, Sec. §656e 392 — copies of books of boun- daries. Acts, Sec. §656e 392 — division of city into. Acts, Sec. §656d 391-392 — division to be made in thirty days. Acts, Sec. §656g 393 — division of, into precincts. Acts, Sec. §656h 393 — land records, record of boundaries in. Acts, Sec. §656e 392 — maps of wards and pre- cincts. Acts, Sec. §656i 393 — numbering. Acts, Sec. §656d 391-392 — population of. Acts, Sec. §656d 391-392 — precincts. Acts, Sec. §656h 393 — records of Supervisors’ office, books to become. Acts, Sec. §656d 391-392 — renumbering. Acts, Sec. 657 393-394 — Supervisors of Elections to lay out. Acts, Sec. §656d 391-392 — variation in population of. Acts, Sec. §656d 391-392 LEGISLATIVE REFERENCE, DEPARTMENT OF, See ‘ '‘Department of Legisla- tive Reference.'" Acts, Sec. 208A 210 LEMONS, LIMES AND ORANGES, See "Oranges^ Lemons and Limes." LEVY, See "Annual Levy;" "Ap- peal Tax Court;" "Board of Estimates;" "City Col- lector; " " Ordinance of Estimates' ' and " Taxes. ’ ’ Page LEVY.-(Cont’d). of assessments — constructing, opening, etc., sewers. Acts, Sec. 818 504 of taxes — appeals from, as- sessments not to stay levy. Acts, Sec. 170 186 — damages in opening, etc., streets, levy for. Acts, Sec. 175 191 Police Commissioners — to pay expenses of. Acts, Sec. 747 459 LEXINGTON MARKET, See "Markets.''' provisos relating to. Ords., Art. 23, Secs. 77- 79 947-948 LIBERTY STREET, vehicles, stands for pro- hibited. Ords., Art. 4, Sec. 32 ... 691 LIBRARIAN, absence of — first assistant to act as City Librarian in. Acts, Sec. 198 206 advertisements for proposals for supplies. Acts, Sec. 197 205 accounts of supplies fur- nished. Acts, Sec. 197 205 annual report to City Council by. Acts, Sec. 197 205 appointment. Acts, Sec. 196 203 arrange and classify records. Acts, Sec. 196 203 assistant Librarian — bond, oath. Ords., Art. 21, Sec. 5 906 assistants, appointment, duties, salaries. Acts, Sec. 198 206 bids filed, not to be with- drawn. Acts, Sec. 199 206 LIBRARIAN. LIBRARIAN. Page 1477 Page LIBRARIAN.— (Cont’d) . — to keep record of. Acts, Sec. 199 206 bonds. Acts, Sec. 196 204 — of assistants. Acts, Sec. 198 206 books — removal from library. Acts, Sec. 196 203 — receipt for. Acts, Sec. 196 204 contracts — for stationery. Acts, Sec. 197 205 — copies to be filed. Acts, Sec. 199 206 duties. Acts, Secs. 196-199.. ..2U3-206 general statement annually to City Council. Acts, Sec. 199 206 index of records, prepare and keep. Acts, Sec. 196 203 library when to be open. Acts, Sec. 200 206 location of library in Cit}” Hall. Acts, Sec. 196 204 miscellaneous stationery sup- plies. Acts, Sec. 197 205 ordinances and resolutions, to be deposited in City Library. Ords., Art. 1, Sec. 27. .. 579 — to collect and arrange. Acts, Sec. 196 204 Paving Commission, records of to deposit with. Acts, Sec. §841s 545 Perishable And Movable City Property, — accounting for by city officials. Ords., Art. 21, Sec. 3.. 905 — City Solicitor to sue for recovery of when lost. Ords., Art. 21, Sec. 4 ... 906 LIBRARIAN.— (Cont’d) . Perishable and Movable City Property. — (Cont’d). — Comptroller to examine lists of, annually and report losses to City Solicitor. Ords., Art. 21, Sec. 4 ... 906 — copy and preservation of lists of. Ords., Art. 21, Sec. 2.... 905 — death in office, successor to be responsible for property. Ords., Art. 21, Sec. 3.... 906 — departments, heads of to file lists of, proviso. Ords., Art. 21, Sec. I.... 904 905 —inventories of, heads of departments to furnish, proviso. Ords., Art. 21. Sec. 1.... 904 905 — receipt for property by successor in office. Ords., Art. 21, Sec. 3.... 905 906 — succession in office of city officials, transfer of prop- erty in. Olds., Art. 21, Sec. 3.... 905 Pictorial Collection Showing Growth and Development Of City, — acquisition of pictures, etc. Ords., Art. 21, Sec. 7.. 907 — art societies, etc., to ap- prove pictures. Ords., Art. 21, Sec. 7.... 907 — buildings, monuments, streets, etc., to be photo- graphed every ten years. Ords., Art. 21, Sec. 8 .... 907 — development of collection. Ords., Art. 21, Sec. 9. ... 907 — pictorial history of city. Ords., Art. 21, Sec. 9.... 907 records — of city to be cus- todian of. Acts, Sec. 196 203 — of new Sewerage Commis- sion. Acts, Sec. §824h 517 requisitions, record of. Acts, Sec. 199 206 I.IBRARIAN. LICENSES, 1478 UBRARIAN.— (Cont’d). schedule of stationery re- quired, all departments to furnish. Acts, Sec. 197 204 stationery, to furnish to de- partments. Acts, Sec. 197 205 supplies, contracts for, to cover additional. Acts, Sec. 197 205 LIBRARIES FOR SCHOOLS, books for, not to be injurious to morals. Ords., Art. 32, Sec. 10....1046 City College and high schools, establishment at. Ords., Art. 32, Sec. 9....1046 LIBRARY, CITY, See ^'Librarian.'*' LICENSE AND MARKET DETECTIVE, See Comptroller.' ' appointment, duties and salary of, Ords., Art. 6, Sec. 18..703-4 LICENSE FEES, See ''Licenses." vehicles, boats, etc. Ords. Art. 41, Sec. 80....1226 UCENSED HOUSES OR ORDINARIES, penalty for gaming in. Ords., Art. 12, Sec. 2.... 768 LICENSEES, NOTICE TO, publication of expiration of licenses. Ords., Art. 41, Sec. 84..1227 LICENSE NUMBER PLATES, See "Licenses." LICENSE TAGS, See "Dogs" and "Licenses." penalty for unauthorized use or removal of. Ords., Art. 41, Sec. 22.... 1203-04 Page LICENSES, See " Collector of Water Rents and L icenses; " " Dogs; ’ ’ "Liquor and Intoxicating Drinks;" " Markets f sub- title " Licenses and Rents;" ' 'Special Police Fund;' ' * Vehicles; " “ Water Rents ' ' and under the various heads, embodying license provisions. alphabetical list of licensees, sheriff to prepare. Acts, Sec. 701 427-8 balls. — rates of licenses for. Ords., Art. 41, Sec. 12....1199 — unlicensed public, penalty. Ords., Art. 41, Sec. 11....1199 Belair Market. Ords., Art. 23, Sec. 63.... 939 billiard and bagatelle tables — cost of license, proviso. Acts, Sec. 658 396 — further tax on tables. Acts, Sec. 660 396 — penalty for unlicensed use. Acts, Sec. 659 396 Ords., Art. 41, Sec. 3.... 1196 jDOwling alleys; assent of owners adjoining property necessary. Ords., Art. 41, Sec. 5. ...1197 — cost of license; penalty. Ords., Art. 41, Sec. 4....1197 Broadway Market, stalls in. Ords., Art. 23, Sec. 69 ... 940 Canton Market. Ords., Art. 23, Sec. 71.... 941 carriages. Acts, Sec. 6 47 cars on street railways; cost of. Ords., Art. 41, Sec. 18, 1201-02 carts, carters. Acts, Sec. 6. 47 certificate of market licenses. Ords., Art. 23, Sec. 17.923-4 charcoal; penalty. Ords., Art. 41, Sec. 19....1202 LICENSES. LICENSES. 1479 Page LICENSES.— (Cont’d). cheese or salted or cured meats; penalty. Ords., Art. 41, Sec. 16, 1200-01 clerk of markets to post notice on unrented stalls. Ords., Art. 23, Sec. 12.... 922 dogs — cost of license; renew- al of; penalty. Ords., Art. 41, Sec. 21, 1202-03 — dogs exempt from. Ords., Art. 41, Sec. 21, 1202-03 — seizure and impounding of. Ords., Art. 41, Sec. 20.. ..1202 — tags and collars for. Ords., Art. 41, Sec. 20.. ..1202 — tags lost or stolen; replac- ing. Ords., Art. 41, Sec. 21. 1202-03 drays, draymen. Acts, Sec. 6 47 due and collectable, when Acts, Sec. 59 132 flour and meal; required for sales of, from wagons; proviso. Ords. , Art. 23, Sec. 24.... 927 fees of sheriff. Acts, Sec. 702 427-8 flving horses, cost of; penalty. Ords., Art. 41, Sec. 10....1199 fruits, meats, vegetables; sale of. gauger of casks and liquors; fee and oath of licensee. Acts, Sec. 544 341 general powers in relation to. Acts, Sec. 6 61 hackney carriages; issue of special license for. Acts, Sec. 285 255 — restrictions applicable to such licenses. Acts, Sec. 286 255-56 Page LICENSES.— (Cont’d). homes for care of infants. Acts, Sec. §493h 323 horse dealers — — auctioneers exempt from provisions hereunder. Acts, Sec. 662 397-8 — dealers defined. Acts, Sec. 663 398 — fee for license, additional fees. Acts. Sec. 661 396-7 — non-resident dealers. Acts, Sec. 662 397-8 — penalty for unlicensed dealing. Acts, Sec. 662 397-8 — sales by individuals. Acts, Sec. 662 398 — sales in streets, prohibited Acts, Sec. 661 396-7 Installation of Electrical Appa- ratus and Wiring, Board of Ex- aminers and Supervisors, — appeal from decisions, arbi- tration of. Acts, Sec. §663f 401-2 — appointment. Acts, Sec. §663a 398-9 — apprentices, exemption. Acts, Sec. §663q 406 — assignment of license. Acts, Sec. §663n 405 — Board of Arbitration . Acts, Sec. §663f 401-2-3 — bond, failure of, to revoke license. Acts, Sec. §663j 404 — bond of applicant. Acts, Sec. §663f 401-2-3 — by-laws. Acts, Sec. §663b 399-400 — compensation . Acts, Sec. §663c 400 — composition of. Acts, Sec. §663a 398-9 — conditions of issue of license. Acts, Sec. §663f 401-2-3 — evidence, license as. Acts, Sec. §663g 403 — examination of electricians, rules for. Acts, Sec. §663d 400 — examination, requirements of. Acts, Sec. §663f.. Acts, Sec. §663q. hacks, hackmen. Acts, Sec. 6. 47 .401-2-3 406 LICENSES. LICENSES. 1480 Page LICENSES.— (Cont’d). Installation of Electrical Apparatus, Etc. — (Cont’d). — exemption from provisions. Acts, Sec. §663f 401-2-3 — expenses, proviso. Acts, Sec. §663c 400 — fee, renewal. Acts, Sec. §663h 403-4 — functions. Acts, Sec. §663a 398-9 — journeymen . Acts, Sec. §663q 406 — license, display of. Acts, Sec. §663k 404 — license fee. Acts, Sec. §663f 401-2-3 — license, powers under. Acts, Sec. §663 1 404-5 — fees, disposition of. Acts, Sec. §663o 405 — ‘ ‘ Master K1 ectrician , ” de- fined. Acts, Sec. §663e 400-1 — meetings. Acts, Sec. §663d 400 — municipal electrical inspec- tors, statement to, of licenses issued, etc. Acts, Sec. §663d 400 — nominations for member- ship on Board. Acts, Sec. §663a 398-9 — notice of meetings to appli- cants. Acts, Sec. §663d 400 — oath of applicant. Acts, Sec. §663f 401-2-3 —of office of Board. Acts, Sec. §663b 399-400 — officers, election of. Acts, Sec, §663b 399-400 — per diem of. Acts, Sec. §663c 400 — penalty for work without license. Acts, Sec. §663m 405 — quorum. Acts, Sec. §663a 398-9 — register of licenses. Acts, Sec. §663f 401-2-3 — removal from board. Acts, Sec. §663a 398-9 — renewals of license, fee. Acts, Sec. §663h 403-4 — report to Governor. Acts, Sec. §663p 406 — revocation of license. Acts, Sec. §663i 404 LICENSES.— (Cont’d) . Installation of Electrical Apparatus, Etc. — (Cont’d). — rules of Board. Acts, Sec. §663b 401-2-3 — secretary, compensation Acts, Sec. §663c ’ 400 — term of license. Acts, Sec. §663g 403 — term of office of members. Acts, Sec. §663a 398-9 — wiring specifications. Acts, Sec. §663d 400 — vacancies in Board. Acts, Sec. §663a 398-9 license and market detective. Ords., Art. 6, Sec. 18 704 to cover business in one building only, proviso. Acts, Sec. 702 427 Liquor Licenses, — affidavit by parent, wife, etc., of intemporates. Acts, Sec. 681 416 — to petition for. Acts, Sec. 674 412-13 — apothecaries, sales by, record of. Acts, Sec. 683 417 — application, publication of. Acts, Sec. 673 412 — record of. Acts, Sec. 669 410-11 — appointment of Board of Liquor License Commis- sioners. Acts, Sec. 668 410 — assignment of license. Acts, Sec. 690 421-2 — bottling license, fee. Acts, Sec. 688 419-20 — brewers, retail license, not to issue to. Acts, Sec. 678 414-15-16 — sales by. Acts, Sec. 688 419-20 — certificate of voters to petitions. Acts, Sec. 675 — clerks to Board. 413 Acts, Sec. 669 — club license fee. 410-11 Acts, Sec. 678 — clubs, sales by. ....414-15-16 Acts, Sec. 682 — counsel to Board. 416-17 Acts, Sec. 669 410-11 I.ICKNSES. 1481 LICENSES. Page LICENSES.— (Cont’d). Liquor Licenses. — (Cont’d). — destroyed or lost. Acts, Sec. 690 421-2 —display of license. Acts, Sec. 680 416 — disposition of fees. Acts, Sec. 679 416 “ “ 688 419-20 — distillers, no retail license to. Acts, Sec. 678 414-15-16 — sales by. Acts, Sec. 688 419 — drink, sales by. Acts, Sec. 678 414-15-16 — druggists, sales by, record of. Acts, Sec. 683 417 — drunkards, sales to forbid- den. Acts, Sec. 681 416 — duplicate license. Acts, Sec. 690 421-22 — election day, no sales on. Acts, Sec. 682 ...416-17 Acts, Sec. 685 418 — exemptions from provi- sions. Acts, Sec. 667 410 — expenses of Board. Acts, Sec. 669 410 — fee for license. Acts, Sec. 672 411-12 Acts, Sec. 678 414-15-16 — payment of, prerequi- site to issue. Acts, Sec. 677 414 — fine for unlicensed sales. Acts, Sec. 684 417-18 — fraud revoking license. Acts, Sec. 676 413-14 —German, publication of petition in. Acts, Sec. 673 412 — grocers, retail license for. Acts, Sec. 678 414-15-16 — hotel-keepers, sales by, on Sundays. Acts, Sec. 682 416-17 — license to. Acts, Sec. 689 420-21 — improper issue of license. Acts, Sec. 686 418-19 — intoxicants defined. Acts, Sec. 667 409-10 — jobbers and wholesalers, fee. Acts, Sec. 688 491 Page LICENSES.— (Cont’d). Liquor Licenses. — (Cont’d). — jurisdiction of Board. Acts, Sec. 671 411 — lapse of petition when fee not paid. Acts, Sec. 678 414-15-16 — license framed under glass and displayed. Acts, Sec. 680 416 — lost or destroyed. Acts, Sec. 690 421-2 — minors, no sales to. Acts, Sec. 681 416 — non-alcoholic beverages. Acts, Sec. 678 414-15-16 — note case cited 414 — notice of petition by pub- lication. Acts, Sec. 673 412 — ordinary keeper. Acts, Sec. 689 420-21 — notice to applicant when petition granted. Acts, Sec. 678 414-15-16 — penalty for false state- ments in petition. Acts, Sec. 674 412-13 — permit for sales during transfer of license. Acts, Sec. 690 421-22 — penalty for unlicensed Acts, Sec. 684 417-18-19 — petition lor license, re- quirements for. Acts. Secs. 673-74 412 — petition of residents. Acts, Sec. 676 413-14 — Police Commissioners, per- mits of sale. Acts, Sec. 682 416-17 — Police Commissioners, per- mits, fee. Acts, Sec. 691 422 — publication of petition. Acts, Sec, 673 412 — prosecution of Board for corruption. Acts, Sec. 686 418-19 — recommendations and re- monstrances, record of. Acts, Sec. 669 410-11 — records, open to public. Acts, Sec. 669 410-11 — remonstrances of resi- dents. Acts, Sec. 676. 413 LICENSES. LICENSES. Page 1482 Page LICENSES.— (Cont’d). Liquor Licenses. — (Cont’d). — revocation for false state- ments in petition. Acts, Sec. 674 412-13 — revocation, on improper is- sue. Acts, Sec. 686 .....418-19 — revocation for fraud, viola- tion of law, etc. Acts, Sec. 676 413-14 — re vocation, for loitering mi- nors and disreputable persons. Acts, Sec. 685 418 — salaries of Board. Acts, Sec. 670 411 — sales on Sundays or elec- tion days prohibited. Acts, Sec. 674 412-13 Acts, Sec. 682 416-17 — sales to minors, drunk- ards, etc. Acts, Sec. 681 416 — saloon license fee. Acts, Sec. 678 414-15-16 — summoning witnesses. Acts, Sec. 687 419 — term of license, when to begin . Acts, Sec. 672 411-12 “ “ 688 419-20 — tobacco, sales of by li- censees. Acts, Sec. 678 414-15-16 — vote of Board on applica- tions. Acts, Sec. 669 410-11 — voters, certificate of, to petitions. Acts, Sec. 674 413 — wholesalers and jobbers li- cense, fee. Acts, Sec. 688 419 — witnesses. Board to sum- mon. Acts, Sec. 687 419 list of business to Grand Jury. Acts, Sec. 701 427-8 meal and flour ; fee for license for sale of from carts or vehicles in markets. Ords., Art. 23, Sec. 24.... 927 merchandise brokers, fee for license. Acts, Sec. 694 LICENSES.— (Cont’d). Liquor Licenses. — (Cont’d). midwives, by Board of Health. Acts, Sec. §493f 323 musical parties ; exemptions. Ords., Art. 41, Sec. 13....1200 Northeast market; licenses for stalls. Ords., Art. 23, Sec. 105.. 950 notice to licensees, publi- cation of. Acts, Sec. 701 427-8 oil and fluid illuminants — pen- alty for sale without. Art. 41, Sec. 27 1205 — record for licenses; copy for Assistant Superinten- dent of Lamps and Light- ing. Ords., Art. 41, Sec. 26....1205 Pawnbrokers, — accounts. Acts, Sec. 692 422-3 — bond of. Acts. Sec. 693 423 Ords., Art. 41, Sec. 30.... 1206, 1207 — cost and term of license. Ords., Art. 41, Sec. 28.... 1205, 1206 — fees for license. Acts, Sec. 693 423 — inspection of accounts. Acts, Sec. 692 422-3 — license fee. Acts, Sec. 693 423 — Marshal of Police to inspect accounts. Acts, Sec. 692 422-3 — penalty for violation of provisions. Acts, Sec. 692 422-3 “ “ 693 423. — special provisions relating to. Ords., Art. 41, Sec. 29.. ..1206 performances in theatres, penalty. Ords., Art. 41, Sec. 8 1198 poles, telegraph, telephone, etc., cost of ; poles exempt. Ords., Art. 41, Sec. 39.... ' 1210-1211 424 LICENSES. LICENSES. Page 1483 Page LICENSES.— (Cont’d). — tin plates for ; dies of plates. Ords., Art. 41, Sec. 40.. ..1211 porters. Acts, Sec. 6 47 premises where business car- ried on to be designated in license. Acts, Sec. 702 428 — privy cleaners applications for licenses. Ords., Art. 41, Sec. 45....1213 — bonds of. Ords., Art. 41, Sec. 45.. 1213, 1214 — licenses for. Ords., Art. 14, Sec. 140.. 840 — p e n a 1 1 y for cleaning without license. Ords., Art. 41, Sec. 44....1213 Real Estate Brokers, — attorneys exempt. Acts, Sec. 700 426 — broker defined. Acts, Sec. 696 425 — cesser of license. Acts, Sec. 697 425 — death of licensee. Acts, Sec. 697 425 — fee for license. Acts, Sec. 695 424 — lawyers exempt. Acts, Sec. 700 426 — license requirements for. Acts, Sec 695 424 — names of licensees to be inserted in license. Acts, Sec. 695 424 — note, cases cited 424 — penalty for unlicensed brokers. Acts, Sec. 696 425 — separate license for each office. Acts, Sec. 699 426 — transfer of license. Acts, Sec. 698 426 regulation, taxation or sup- pression of certain trades, vocations or professions. Acts, Sec. 6 61 revenue from carriage, etc., application of. Acts, Sec. 6 47 LICENSES.— (Cont’d). revocations and refusal of. Ords., Art. 41, Sec. 14 ... 1200 sausages and puddings in mar- kets; proviso. Ords., Art. 41, Sec. 17....1201 sheriff’s fees. Acts, Sec. 701 427-8 shuffle boards ; cost of ; pen- alty. Ords., Art. 41, Sec. 6 1197 stevedores. — fee for license. Acts, Sec. §700a 427 — license. Acts, Sec. §700a 427 — note, case cited. Acts, Sec. §700a 427 — penalty for unlicensed bus- iness, as. Acts, Sec. §700a 427 Street Venders’ Licenses, — fruits, cakes, nuts, etc. Ords., Art. 41, Sec. 46.1214 — notice to offenders against license laws; proviso. Ords., Art. 41, Sec. 49..1215 — fruits and vegetables; sold from wagons. Ords., Art. 41, Sec. 50..1215 — hawkers and hucksters of fruit and vegetables. Ords., Art. 41, Sec. 51..1215 — oranges, lemons and limes; sales restricted to one person. Ords., Art. 41, Sec. 48 1214-1215 — penalty. Ords., Art. 41, Sec. 47..1214 — penalties for violation of regulations relating to. Ords., Art. 41, Sec. 53..1216 — sales from wagons; license for; penalty. Ords., Art. 41, Sec. 51..1215 — wagon attendants to wear license badge. Ords., Art. 41, Sec. 52.1216 theatres; annual license. Ords., Art. 41, vSec. 9. .1198 theatrical performances; cost; penalty. Ords., Art. 41, Sec. 7, 1197-1198 LICENSES. LICENSES. Page 1484 Page LICENSES.— (Cont’d). Vehicles, Boats and Scows, Acts, Sec. 6 47 Ords., Art, 41, Secs. 74-84 1223-1227 — accounting for licenses issued by Collector. Ords., Art. 41, Sec. 75. .1223 — advertisement of expira- tion of licenses. Ords., Art. 41, Sec. 84..1227 — annual fee for licenses. Ords . , Art . 41 , Secs . 80 , 84 1226-27 — notice of expiration to licensees. Ords., Art. 41, Sec. 84.. 1227 — boats and scows, issue of license for. Ords., Art. 41, Sec. 75..1223 — for which license re- quired. Ords., Art. 41, Sec. 76 1223-4 — cabs, etc. , license re- quired, penalty. Ords., Art. 41, Sec. 76 1223-5 — false entry of, or change of number of license, penalty. Ords., Art. 41, Sec. 81. .1226 — fees for licenses. Ords., Art. 41, Sec. 80..1226 — fraud in regard to licenses; penalty. Ords., Art. 41, Sec. 81..1226 — hackney carriages, license for, Ords., Art. 41, Sec, 76 1223-4 — ^license fees for carriages, etc. Ords., Art. 41, Sec. 80.1226 — and number plates, issue of. Ords., Art. 41, Secs. 76, 78 1223-25 — and plate numbers to correspond. Ords., Art. 41, Sec. 83..1227 — misuse of licenses, pen- alty. Ords,, Art. 41, Secs. 81 ,85 1226-8 LlCENSES.-(Cont’d). Vehicles, Boats, Etc. (Cont’d) . — note 1226 — notice to licensees of ex- piration of license. Ords., Art. 41, Sec. 84..1227 — numbers on plates, and license numbers to cor- respond, penalty, Ords., Art. 41, Sec. 83..1227 —number plates, require- ments for. Ords., Art. 41, Sec. 78 1224-5 — numbers on private car- riages. Ords., Art. 41, Sec. 78 1224-5 — licensees may retain same number from year to year. Ords., Art. 41, Sec.79..1225 — owners may provide num- ber plates. Ords., Art. 41, Sec. 79..1225 — of carriages using same for hire to procure li- cense, penalty. Ords., Art. 41, Sec. 82..1227 — penalty for neglect of li- cense. Ords., Art. 41, Sec. 76..1224 — for fraud in regard to li- cense. Ords., Art. 41, Sec. 81..1226 — period for which licenses are issued. Ords., Art. 41, Sec. 77..1224 — private carriages, number plates for. Ords., Art. 41, Sec. 78..1225. — license required when used for hire. Ords., Art. 41, Sec. 82..1227 — publication of expiration of licenses. Ords., Art. 41, Se^. 84..1227 — revocation of license for violations of speed regu- lations. Ords., Art. 41, Sec. 74.. 1223 — termination of license, proviso extending time. Ords., Art. 41, Sec.77..1224 LICENSES. 1485 LIGHTING AND CLEANING. Page UCENSES.— (Cont’d). Vehicles, Boats, Etc. — (Cont’d). — transfer of license, where made. Ords., Art. 41, Sec. 80..1226 — vehicle licenses, issue of. Ords., Art. 41, Sec. 75. .1223 — vehicles for which license required. Ords., Art. 41, Sec. 76 1223 ^ visits to jail — license re- quired. Acts, Sec. 137 167 wagons, wagoners. Acts, Sec. 6 47 watermen . Acts, Sec. 6 47 women’s merchandise li- censes. Ords., Art. 41, Sec. 85....1228 — fines and penalties for violation of provisions. Ords., Art. 41, Sec. 85..1228 UCENSES FOR VEHICLES, See ‘ ^Licenses. ’ ’ LICENSES AND RENTS, See ‘ 'Markets, ” sub ■ title ‘ 'Licenses and Rents. ’ ’ Ords., Art. 23, Secs. 12-17 922-924 UCENSES OF AUCTION- EERS, See " Auctioneers. LICENSES OR PERMITS. See ' 'Special Police Fund. ’ ’ LIENS, See ' 'A ssessmentsp ’ ‘ ‘ City Collector;' ’ ‘ ‘ Condemnation of Property;" "City Reg- ister;" "Grading, Paving, etc. , Streets; ” “ Opening, closing, etc.. Streets" and ' ' Taxes. ’ ’ assessments for g r a d i n g , paving, etc. Ords., Art. 35, Sec. 93..1127 Page LIENS.— (Cont’d). benefits assessed — for grad- ing, paving, etc. Ords., Art. 35, Sec. 67. .1115 — to vest in any person pay- ing assessment for open- ing, etc., sewers. Ords., Art. 33, Sec. 15..1071 Burnt District assessments. App. A, Sec. 18 1252 increase of assessment of taxes by Baltimore City Court to be. Acts, Sec. 170 187 livery charges. (^See "Livery Stable Keeper.'") sewers — benefits assessed in construction, etc., of. Acts, Sec. 819 505 LIFTS, ELEVATORS, AND HOISTS, See "Buildings," sub-title, ' 'Elevators . ’ ’ LIGHT STREET, vehicles; stands for pro- hibited. Ords., Art. 4, Sec. 31.... 692 widening of, by B. D. Com- mission . App. A, Sec. 27 1255-1256 LIGHT STREET BRIDGE, See " Long Bridge LIGHTING AND CLEANING CITY LAMPS, See "Lamps and Lighting." duties of Superintendent of Lamps and Lighting. Ords., Art. 20, Sec. 3 894 hour for lighting city lamps. Ords., Art. 20, Sec. 23.. 900 LIGHTING AND CLEANING STREETS, See ' 'Lamps and Lighting ' ' and' 'Street Cleaning." I.IGHTING AND CLEANING 1486 LIQUORS AND WINES. Page UGHTING AND CLEANING STREETS.— (Cont’d). general powers of city. Acts, Sec. 6 80 interference '«dth lighting, penalty. Ords., Art. 25, Secs. 57-58 976 LIGHTING CONTRACTS, See ‘ '‘Lamps and Lighting. ' ’ forfeit clause for dead lamps. Ords., Art. 20, Sec. 16....898-9 LIGHTING PLANT, MUNIC- IPAL, See "Stocks, Loans and Fi- nance. ' ’ LIGHT STREET BRIDGE, joint maintenance of lights on. Acts, Sec. 6 83 LIMITATIONS, See ''‘Taxes." bail, recognizance six years. Acts, Sec. §278e 248 City Council not to consider claims barred by. Ords., Art. 1, Sec. 32 581 LINEMEN AND BATTERY- MAN, See "Fire" sub-title "‘Fire Department. ’ ’ Fire Alarm Telegraph, ap- pointment, duties, bond. Ords., Art. 11, Secs. 27- 30 746-747 LINES AND GRADES OF STREETS, See "Streets and City Engi- neer. ’ ’ appeals from decisions of City Engineer. Ords., Art. 135, Sec. 47..1107 1108 — bond of appellant. Ords., Art. 35 Sec. 48.. ..1108 — expenses of appeal. Ords., Art. 35 Sec. 49....1108 Page LINES OF STREETS, See "Grade Lines oj Streets;" and '‘'‘Streets and City Engineer." establishment of, before build- ing, etc., is begun. Ords., Art. 35, Sec. 46..1107 LIQUID, LONG AND DRY MEASURES, annual inspection of. Ords., Art. 17, Sec. 17.. 882 LIQUOR, Sabbath sales of, in streets unlawful, penalty. Ords., Art. 31, Sec. 2 1040 LIQUOR AND INTOXICAT ING DRINKS, See "Licenses." prohibiting sales in certain places — — Calvert street north of Merryman’s Lane, 28th street and Jones’ Falls, territory bounded by. Acts, Sec. §666e 409 — Druid Hill Park, north of. Acts, Sec. §666d 408 — Edmondson avenue and Fifteenth street, vicinity of. Acts, Sec. §666c 408 — Mount Royal Terrace. Acts, Sec. 666 407 — Mount Vernon Factories. Acts, Sec. §664 406 — Oak street, 24th street, Guilford avenue and 21st street. Acts, Sec. §666b 407 — Walbrook Public School, vicinity of. Acts, Sec. §666a 407 — Woodberry Factory. Acts, Sec. 665 406 LIQUORS AND WINES, See ‘ 'Inspections, Weights and Measures." markets, sales in forbidden, penalty. Ords., Art. 23, Sec. 36.... 930 LIQUORS. 1487 LOCATION OF LAMPS. Page LIQUORS, SPIRITUOUS OR MALT, in jail, prohibited. Acts, Sec. 135 167 — penalty. Acts, Sec. 136 167 LIST OF BONDS AND STOCKS. See ''Stocks, Loans and Finance. ’ ’ issues of, chronological table of. Ords., Art. 34, Sec. 19....1082 LIST OF HOLDERS OF CITY LOANS, See "Appeal Tax Court.'''' Appeal Tax Court to make list, when. Acts, Sec. 154 175 Page LIVE STOCK, See ‘ ‘ Inspections, Weights and Measures. ’ ’ weighing of— at Canton hay scales, scale of charges for weighing. Acts, Sec. 565 347 LOADING AND UNLOAD- ING OF CARS IN STREETS, See ‘ 'Railroads and Rail- ways;'''' sub-title "Cars of Steam Railroads.'''' Ords., Art. 30, Sec. 3....1016 1017 LOADING OR UNLOADING OF WAGONS, See "Vehicles.'" USTS OF CITY PROPERTY, See "Librarian." heads of departments to fur- nish to librarian, exception. Ords., Art. 21, Sec. 1.... 904 905 LIVE STOCK, See "Police Regulations." driving through streets on Sabbath, unlawful, penalty, proviso. Ords., Art. 31, Sec. 1....1040 LIVERY STABLE KEEPERS, account for livery to be proven before a J. P. Acts, Sec. 293 257 LOANS STOCKS AND FI- NANCE, See "Stocks Loans and Finance. ’ ’ list of loans furnished to Appeal Tax Court by City Register. Acts, Sec. 151 173 sewer loans, sinking funds and levy for. Acts, Sec. 823 506 sewers, loan to defray cost of constructing. Acts, Sec. 818 504 sinking funds. Acts, Sec. 41 121 custody of horse, etc., to be retained until his charges are paid. Acts, Sec. 291 257 sale of horse or vehicle for livery charges, notice of sale. Acts, Sec. 292 257 temporary loans. Acts, Sec. 41 121 LOADS ON FLOORS, WEIGHTS AND STRAINS, See ' 'Buildings, ’ ’ this sub- title. warrant of sale for livery charges. Acts, Sec. 293 257-258 LIVERY STABLES. See "Buildings," sub-title ' 'Stables. ’ ’ LOCATION OF ELECTRIC LAMPS, See "Lamps and Lighting." Superintendent of Lamps and Lighting to change. Ords., Art. 20, Sec. 22.. 900 mcdonogh fund, LOCOMOTIVE ENGINES. 1488 LOCOMOTIVE ENGINES, See ''Railroads and Rail- ways. ’ ’ provisions of Code relating to, how applicable. Ords., Art. 30, Sec. 17. .1021 riding on^unauthorized, pen- alty. Ords., Art. 4, Sec. 28 690 streets on which use of allowed — — Boston street. Ords., Art. 30, Sec. 13....1019 — Camden Station, streets in vicinity of. Ords., Art. 30, Sec. 13....1019 — Canton avenue. Ords., Art. 30, Sec. 13. ...1020 — Eastern avenue. Ords., Art. 30, Sec. 13. ...1019 — North street. Ords., Art. 30, Sec. 13....1019 — Pratt street. Ords., Art. 30, Sec. 13....1019 — President street. Ords., Art. 30, Sec. 13. ...1020 use of on tracks unauthor- ized, prohibited; penalty. Ords., Art. 30, Sec. 15. ...1020 LODGING HOUSES AND TENEMENTS, See "Tenement and Lodging Houses. ’ ’ Acts, Sec. 6 53 LONG BRIDGE, maintenance at sole expense of city. Acts, Sec. 839 528-529 Police Commissione rs, authority, duties and powers of in relation to bridge. Acts, Sec. 781 484 LOSS OF CITY PROPERTY, recovery of, or damages for, by City Solicitor. Ords., Art. 21, Sec. 4.... 906 Page LOST CERTIFICATES OF STOCK, See ' 'Stocks, Loans and Finance." renewal of, application for. Ords., Art. 34, Sec. 5....1078 LOST MONEY OR PROP- ERTY, See "Special Police Fund." LOW GROUND, draining of. Ords., Art. 14, Secs. 94- 100 826-827 wood shavings on, prohibited, penalty. Ords., Art. 14, Sec. 1?1.. 833 LUMBER, tax on lumber floated to port. Acts, Sec. 6 52 LUNATIC AND INSANE CONVICTS, Visitors of Jail to have ex- amined. Acts, Sec. §120a 163 MACADAM PAVING IN “ANNEX,” authorized when owners se- lect. Ords., Art. 35, Sec. 82, 1122 McDONOGH EDUCATIONAL FUND AND INSTITUTE, annual report of trustees to Mayor and City Council, contents of. Ords., Art. 22, Sec. 7, 911 inspection of records and prop- erty by the Mayor and by Committee of City Council. Ords., Art. 22, Sec. 8, 911 interest of fund to be applied to maintenance of school. Ords., Art. 22, Sec. 6, 910-911 list of original trustees. Ords., Art. 22, Sec. 1. 908 MCDONOGH FUND. MANUFACTURES. 1489 Page McDONOGH FUND.— (Cont’d). number of trustees, vacancy in, Mayor to fill vacancies. Ords., Art. 22, Sec. 3, 909 powers of trustees of, bond of disbursing ofiiccr. Ords., Art. 22, Sec. 4, 909-910 Note, case cited 910 property of, to vest in trus- tees. Ords., Art. 22, Sec. 2, 909 real estate, sale and purchase of for school farm. Ords., Art. 22, Sec. 5, 910 school farm, purchase of real estate and buildings for. Ords., Art. 22, Sec. 5, 910 surrender to city of city stock in which fund is invested, city to issue new stock therefor, issue to be approved by legal voters. Acts, Sec. 816 502-503 trustees, list of original. Ords., Art. 22, Sec. 1, 908 MACHINERY, See "‘Buildings.'' New Sewerage Commission to purchase and procure. Acts, Sec. §824d ... 511 McMECHEN STREET, cattle driving through, pro- hibited. Ords., Art. 25, Sec. 25, 967 MAGISTRATE FOR JUVE- NILE CAUSES, See ‘ 'Justices of the Peace. ' ’ minors — trial and commit- ment of. Acts.vSec. 886B 561-562 probation ofi&cers to make in- vestigations, other duties. Acts, Sec. 886B 561-562 MAINS AND SEWERS, construction of in alleys, etc., when practicable. Ords., Art. 35, Sec. 110, 1134 Page MALFEASANCE BY AUC- TIONEER. See ‘ 'A uctioneers. ' ' MALICIOUS DESTRUCTION OF PROPERTY, See "Destroying Property Maliciously . ' ' Acts, Sec. 401 297 houses, fences, chattels, etc., penalty. Ords., Art. 25, Sec. 59, 977 MANSl-AUGHTER, MURDER AND OTHER CRIMES, bail, not bailable by police justices. Acts, Sec. §278h 249 reward for person accused, by Ma} or. Ords., Art. 1, Sec. 12, 575 MANUAL LABOR SCHOOL appropriation of ^^1 500 per an- num for. Acts, Sec, 816 503 MANUFACTURE OF FIRE- WORKS, See "Fire Regulations." rockets, etc., prohibited, pen- alty. Ords., Art. 11, Sec. 59, 756 MANUFACTURE OF OILS. See ‘ 'Fire Department' ' ‘ ‘ Oils Manufacture and Storage of." MANUFACTURERS OF MEAL AND FLOUR, exemption relating to sales by. Ords., Art. 23, Sec. 24, 927 MANUFACTURES, See " Appeal Tax Court." abatements to encourage. Acts., Sec. 6 85 offensive trades, regulation of. Acts, Sec. 6. .53 MANUFACTORIES. market eimits. 1490 MARK OF IDENTIFICA- TION, Page MANUFACTORIES PROHIB-^^^^ ITED OR RESTRICTED, See "Health" sub -title ‘ '‘Manufactories Prohibited or Restricted.''^ Ords., Art. 14, Secs. 65 77 816-820 MANUFACTURING PLANTS AND TOOLS, See “ Appeal Tax Court." exemption from taxation. Acts, Sec. 6 85 MANUFACTURING PLANTS, TOOLS, ETC., taxes, exemption of. Ords., Art. 38, Secs. 7-9 1157-1159 MANURE, cartload to contain forty cubic feet. Acts, Sec. 571 349 MANURE AND DIRT, penalty for unauthorized re- moval from streets. Ords., Art. 36, Sec. 13.. ..1145 MAPS, of property taken in street opening, closing, etc. Acts, Sec. 177 194 MAPS AND PLATS OF CITY, ETC., See ‘ ‘ Topographical Survey. ’ ’ MAPS OF STREET IMPROVE- MENTS, when to be filed. Acts, Sec. 828 522-523 MARINERS AND CHARIT- ABLE MARINE SOCIETY OF BALTIMORE, intCvState mariners, estates of. Acts, Sec. 703 429 See" Pistols and Firearms.''* pistols and firearms, seller of, to stamp on and record. Ords., Art. 25, Sec. 79, 985 MARKET CLERKS, See "Markets." bonds of, approval and con- ditions of, Ords., Art. 23, Sec. 5, 920-921 — penalties of bonds for market masters and clerks of the several mar- kets. Ords., Art. 23, Sec. 6, 921 MARKET DAYS, See '‘'‘Markets." days of the several markets. Ords., Art. 23, Sec. 112, 952 Northeast market. Ords., Art. 23, Sec. 104, 950 MARKET FEES, See '‘"Markets." per diem to be paid by dealers to clerk of markets. Ords , Art. 23, Sec. 16, 923 MARKET HOUSES, See "'Markets.*'' Ords., Art. 23, Sec. 28, 928 houses of the several markets. Ords., Art. 23, Sec. 113, 952-953 MARKET LICENSES AND RENTS, See ‘ "Markets* ’ sub-title " "Li- censes and Rents. ’ ’ clerks to collect per diem from dealers. Ords., Art. 23, Sec. 16, 923 MARINERS, INTESTATE, estates of, disposition. Acts, Sec, 703 .429 MARKET LIMITS, See " " Vehicles. ’ ’ market masters. markets. Page 1491 Page MARKET MASTERS, See '‘'‘Comptroller" and ‘ ^Markets. ’ ’ appointment of. Acts, Sec. 34 Ill assistant market masters. Ords., Art. 23, Secs. 1-10 917-922 MARKET STALLS, See '‘'Markets." rent of to be fixed by clerk. Ords., Art. 23, Sec. 13, 922 MARKETS, assistant market masters and clerks, appointment of. Ords., Art. 23, Sec. 1, 917 —bond of — Comptroller to examine and approve. Ords., Art. 23, Sec. 7, 921 — Comptroller to recover on bonds any shortage in accounts of clerks. Ords., Art. 23, Sec. 7, 921 — for the several markets. Ords., Art. 23, Sec. 6, 921 — duties of, to attend and have full charge of mar- kets. Ords., Art. 23, Sec. 1, 918 — police powers of. Ords., Art. 23, Sec. 1, 918 — salaries and special duties. Ords., Art. 23, Sec. 3, 918-919 bacon sellers and venders of puddings, when they may sell meat in. Ords., Art. 23, Sec. 29, 928 — wagons and carts prohibit- ed, penalty. Ords., Art. 23, Sec. 58, 937 I barrels or boxes in. Ords., Art. 23, Sec. 58, 937 benches, etc., space beneath required, penalty. Ords., Art. 23, Sec. 50, 934 butchers — vehicles of in mar- kets prohibited, penalty. I Ords., Art. 23, Sec. 60, 937 | MARKETS.— (Cont’d). —stalls shambles, and benches to be kept with- in. Ords., Art. 23, Sec. 48, 933 — division line between. Ords., Art. 23, Sec. 47, 933 — hanging meat etc., pen- alty. Ords., Art. 23, Sec. 47, 933 —nuisances in vicinity. Ords., Art. 23, Sec. 48, 933 —renting when unoccupied. Orbs., Art. 23, Sec. 108, 950 — restrictions relating to use of. Ords., Art. 23, Sec. 48, 933 butter standard pound, pen- altv. ' Acts, Sec. 706 ...430 carriages, carts, wheelbar- rows, etc., in, prohibited, penalty. Ords., Art. 23, Sec. 32, 929 cheese, stalls for, sale of. Ords., Art. 23 Sec. Ill, 951 cleaners of markets, salaries and duties. Ords. , Art. 23, Sec. 22, 918-919 market days: Belair Market, Centre Market, Cross Street Market, Fells Point Market, Hanover Market, Hollins Market, Lafayette Market, Lexington Market, Richmond Market. Ords., Art. 23, Sec. 112 952 market houses: Belair Market, Centre Market, Cross Street Market. Fells Point Market, Hanover Market. Hollins Market, Lafayette Market, Lexington Market, Richmond Market. Ords., Art. 23, Sec. 113 952-3 MARKETS. markets. 1492 Page MARKETS.— (Cont’d). Clerks of, — arbitrator of disputes aris- ing in markets. Ords., Art. 23, Sec. 3 919 — bond required ; approval, penalty and condition of. Ords., Art. 23, Sec. 5 ..920, 921 — butter and lard to be weighed by ; seizure and disposal of same when under weight. Ords., Art. 23, Sec. 3 919 — notice on unrented stalls ; contents of notice. Ords., Art. 23, Sec. 12.... 922 — resisting or obstructing ; penalty for. Ords., Art. 23, Sec. 10.... 922 — scales and measures to be tested by — confiscation and penalty for false weights and measures. Ords., Art. 23, Sec. 3 919, 920 — short weights and fraudu- lent weighing to be pre- vented by. Ords., Art. 23, Sec. 3 919, 920 — sweeping and cleaning of markets by — when work shall be done. Ords., Art. 23, Sec. 4 920 — unwholesome provisions ; sale to be prevented by. Ords., Art. 23, Sec. 3 919 Condemnation of Land for, Acts, Sec. 6 62 — clerk of Superior Court, duties in. Acts, Sec. 715 432-33 — costs in court. Acts, Sec. 715 432-3 “ “ 719 433-4 — costs of condemnation. Acts, Sec. 6 62 — damages assessed. Acts, Sec. 714 432 — duty of jury. Acts, Sec. 714 432 — infant, feme covert or luna- tic owners. Acts, Sec. 710 431 — inquisition in writing. Acts, Sec. 715 432 MARKETS.— (Cont’d). Condemnation of Land.-(Cont’ d). — inquisition voided by court. Acts, Sec. 716 433 — jurors, failure to appear. Acts, Sec. 718 433 — jurors, oath of. Acts, Sec. 713 432 — jurors, per diem of. Acts, Sec, 719 433-4 — jurors, striking off. Acts, Sec. 712 432 — jury, assessing damages. Acts, Sec. 714 432 — land taken, valuation of. Acts, Sec. 717 433 — non-resident owners, no- tice to. Acts, Sec. 711 431-2 — notice to owners. Acts, Secs. 709-10-11....431-2 — oath to jurors. Acts, Sec. 713 432 — publication of notice to owners. Acts, Sec. 711 431-2 — record of inquisition in Superior Court. Acts, Sec. 715 433 — Sheriff ’ s fees and per diem. Acts, Sec. 719 433 — Sheriff to summon 20 free- holders. Acts, Sec. 709 431 — striking off jurors. Acts, Sec. 712 432 — title, when to vest in city. Acts, Sec. 717 433 — valuation of property. Acts, Sec. 717 433 — warrant to Sheriff. Acts, Sec. 709 431 cooking in prohibited. Ords., Art. 23, Sec. 51.... 934-935 country produce, exempt from fees. Acts. Sec. 707 430 cows in prohibited, penalty. Ords., Art. 23, Sec. 33.... 929 crabs and fish . {See ‘ '‘Fish and Crabs''' below.') disorderly and idle persons in, prohibited ; clerks to en- force penalties against. Ords., Art. 23, Sec. 9 922 markets. MARKETS. 1493 Page MARKETS.-(Cont’d). employes of markets — salaries of employes of the various markets. Ords., Art. 23, Sec. 2 918, 919 extension of. Acts, Sec. 6 62 farmers and manufacturers exempted as to sales of meal and flour from vehicles in markets. Ords., Art. 23, Sec. 24.... 927 farmers selling produce in. Acts, Sec. 707-08 430-31 fees, illegal collection of, penalty. Acts, Sec. 708 430-31 fines and penalties — collec- tion and accounting of. Ords., Art. 23, Sec, 115.. 954 — for reselling in, recovery of. Acts, Sec. 705 429-30 fish — and crabs; sales from boats at wholesale at certain wharves permitted. Ords., Art. 23, Sec. 23.... 927 — sale of at wholesale except in Centre market, forbid- den ; sales on streets near certain markets restricted; penalty. Ords., Art. 23, Sec. 23.... 926, 927 — markets — clerks to clean; removal of filth, etc. Ords., Art. 23, Sec. 4 920 — stalls for in Lexington, Hanover and Fells Point markets. Ords., Art. 23, Sec. 111.. 951 footways in between wagons to be kept open. Ords., Art. 23, Sec. 61..„ 937-938 — obstruction of prohibited. Ords., Art. 23, Secs. 62- 75-78-86-90-93-97-106-109 -110....pp., 938, 942, 945, 946, 948, 950 and 951. fruit and vegetables ; when stalls may be used. Ords., Art. 23, Sec, 52. ... 935 Page MARKETS.— (Cont’d). game and fish laws to be post- ed in, penalty for defacing. Ords., Art. 23, Sec. 42.... 931 general powers. Acts, Sec. 6 61 growers of produce exempt from fees. Acts, Sec. 707 430 halls over, not to be rented for balls and soirees. Ords., Art. 23, Sec. 11.... 922 horses, carriages and wagons during market hours — pro- viso ; penalty. Ords., Art. 23, Secs. 32, 57 929, 936 — position of. Ords., Art. 23, Sec. 59.... 937 impediments forbidden in Lexington, Hanover, Fells Point and Bel Air markets. Ords., Art. 23, Secs. 109- 110 951 Inspector of Buildings, an- nual inspection and report by Ords., Art. 3, Sec. 9 603 land for, purchase of. Acts, Sec. 709 431 levy and collection of costs, damages and expenses in condemnation proceedings. Acts, Sec. 6 62 license and market detective. Ords., Art. 6, Sec. 18 704 Licenses and Rents, — Belair market. Ords., Art. 23, Sec. 63.. 939 — Broadway market space, stalls in. Ords., Art. 23, Sec. 69. .. 940 — certificate of licenses to be issued by clerk ; contents of ; terms of. Ords., Art. 23, Sec. 17. .. 923-924 — certificates to be transfer- able ; evidence of title. Ords., Art. 23, Sec. 17.... 924 — charge for licenses. Ords., Art. 23, Sec. 17. .. 924 markets. 1494 markets. MARKETS.— (Conf d) . Licenses and Rents, — (Cont’d). — clerk to collect per diem from dealers. Ords., Art. 23, Sec. 16.... 923 — delinquent licensee to be dispossessed. Ords., Art. 23, Sec. 19.... 925 — failure to take out licenses; penalty. Ords., Art. 23, Sec. 18.... 924 — meal and flour — license re- quired for sales from ve- hicles ; license fee ; re- strictions; penalty. Ords.. Art. 23, Sec. 24.... 927 — Northeast market corner Ords., Art. 23, Sec. 105.. 950 — record of by Comptrollor. Ords., Art. 23, Sec, 17.... 924 — rent of stalls, clerk to fix. Ords., Art. 23, Sec. 13.... 922 — sale of stall on default in renewal of license or pay- ment of rent. Ords., Art. 23, Sec. 20.... 925 licensee must consent to use of vacant stalls. Ords., Art, 23, Sec. 22.... 926 manufacturers exempt from fees. Acts, vSec. 707 430 market-days ; Beiair, Centre, Cross Street, Fells Point, Hanover, Hollins, Lafayette, Lexington and Richmond markets. Ords., Art. 23, Sec. 112.. 952 market houses ; Bel Air, Cen- tre, Cross Street, Fells Point, Hanover, Hollins, Lafayette, Lexington and Richmond markets. Ords., Art. 23, Sec. 113.. 952-953 — climbing or walking on roofs of, prohibited. Ords., Art. 23. Sec. 28.... 928 — penalty for defacing or throwing or placing any- thing on roofs thereof. Ords., Art. 23, Sec 28.... 928 meal and flour. — license for sale of required; license fee; provisos restricting sales; penalty. Ords., Art. 23, Sec. 24.... 927 MARKETS.— (Cont’d). meats and provisions — no sales except from regularly licensed butchers’ stalls inside of markets; proviso relating to farmers, bacon sellers and venders of pud- dings. Ords., Art. 23, Sec. 29.... 928 — in extended sheds; penalty. Ords., Art. 23, Sec. 48..933-4 movable stalls and fixed benches; Mayor may direct same to be erected. Ords., Art. 23, Sec. 14.... 923 — penalty for injury to. Ords., Art. 23, Sec. 14.... 923 per diem of ten cents to be collected by clerk from dealers in. Ords., Art. 23, Sec. 16.... 923 nuisances in, butchers to remove offal. Ords., Art. 23, Sec. 48.... 933 obstruction of, by butchers, prohibited. Ords., Art. 23, Sec. 48.... 933 offal, removal by street clean- ers Sunday morning. Ords., Art. 36, Sec. 18....1147 painting woodwork, pro- hibited; proviso. Ords., Art. 23, Sec. 53.... 935 penalty for offenses against market regulations. Ords., Art. 23, Sec. 115.. 954 — unauthorized painting. Ords., Art. 23, Sec. 54. .. 935 plats of. —for use of clerks; data to be shown on plats. Ords., Art. 23, Sec. 25.... 927 police to attend and preserve order therein. Ords., Art. 23, Sec. 26..927-8 provisions and vegetables; arrangement of under sheds. Ords., Art. 23. Sec. 48..933-4 regulations for, penalty for violation. Ords., Art. 23, Sec. 115.. 954 rentals for space stalls. Ords., Art. 23, Sec. 69.... 940 MARKETS. MARKETS. Page 1495 Page MARKETS.— (Cont’d). rent of stalls; clerks to collect per diem rents; to account to Comptroller. Ords., Art. 23, Sec 15... 923 — distress for. Acts, Sec, 6 62 repairs to — clerks to make same on approval of Mayor. Ords., Art. 23, Sec. 8 921 reselling goods in, unlawful, proviso. Acts, Sec. 704 429 — procedure in recovery of fines for. Acts, Sec. 705 429 30 sale and lease of stalls. Acts, Sec. 6 • 62 Sales in, — of calves under four weeks old, prohibited, penalty. Ords., Art. 23, Sec. 40. .. 931 — cows and calves, charges on, where to sell, proviso. Ords., Art. 23, Sec. 39..„ 931 — fish and cheese. Ords., Art. 23, Sec. 111.. 951 — crabs; restrictions; penal- ty- Ords., Art. 23, Sec. 23. .926-7 — fresh meat at retail only at butchers’ stalls, penalty. Ords., Art. 23, Sec. 35 ... 930 — goods on footways, pro- hibited, permit, penalty. Ords., Art. 23, Sec. 2 ) 1 .... 930 — goods and merchandise, furniture, etc., prohibited, penalty. Ords., Art. 23, Sec. 41.... 931 — merchandise, clothing, etc., prohibited, penalty, pro- viso as to household manufacture, Ords., Art. 23, Sec. 34..929-30 — provisions sold by weight, penalty for false weights. Ords., Art. 23, Sec. 31... 929 — unsound meat, penalty. Ords., Art. 23, Sec. 30.... 929 — wines and liquors, forbid- den, penalty. Ords., Art. 23, Sec, 36.... 930 sales of market stalls. Ords., Art. 23, Sec. 114.. 953 MARKETS.— (Cont’d) . short weight butter, penalty. Acts, Sec. 706 430 slaughtering beasts, deposit- ing filth or offal in, pro- hibited. Ords., Art. 23, Sec. 32.. . 929 speed of cars through regu- lated. Ords., Art. 30, Sec. 30.. 1026 Stalls, Stands and Benches, — boarding — in; prohibited; penalty; proviso, Ords., Art. 23, Sec 49.... 934 — butchers’ stalls, construc- tion of, to be raised above pavement, penalty. Ords., Art. 23, Sec. 46..932-3 — Comptroller to re-number; distinct number for each stall. Ords., Art. 23, Sec. 43.... 932 — numbers of street stalls to be cut in curbing. Ords., Art. 23, Sec. 44.... 932 — stalls, stands and benches; sales of stalls in certain markets. Ords., Art. 23, Sec. 114.. 953 ! — vacant stalls or benches may be occupied on pay- ment of a per diem; proviso. Ords., Art. 23. Sec. 22.... 926 — wooden structures, perma- nent erection prohibited, penalty, provisos. Ords., Art. 23, Sec. 45.... 932 swinging signs forbidden; penalty. Ords., Art. 23, Sec. 55.... 935 I vacant stalls — clerks not to rent same to per.sons viola- ting market regulations. Ords., Art. 23, Sec. 21. .925-6 — not to be rented to persons who will not occupy them during term of renting. Ords., Art. 23, Sec. 21.... 926 — notice of .sale of, to be given by clerk. Ords., Art. 23, Sec. 20.... 925 — to be disposed of at public sale. Ords., Art. 23, Sec. 20. .. 925 markets. markets. 1496 Page MARKETS.— (Cont’d). vehicles or articles on streets in, during market hours. Ords., Art. 23, Sec. 5S..936-7 Belair Market, — bill posting, etc., prohibit- ed; penalty. Ords., Art. 23, Sec. 67..939-40 — butchers’ stalls, rent of. Ords., Art. 23, Sec. 63.... 939 — defacing or mutilating property of; penalty. Ords., Art. 23, Sec. 62.... 938 — fish market houses; rents of stalls. Ords., Art. 23, Sec. 63.... 939 — footways, etc., in. Ords., Art. 23, Sec. 62.... 938 — interference or obstruction with collector or cleaner. Ords., Art, 23, Sec. 66.... 939 — limits of defined; provision relating to footways. Ords., Art. 23, Sec. 62.... 938 — permanent lines for produce venders. Ords., Art. 23, Sec. 64.... 939 — wagons in market space; position for sales from. Ords., Art. 23, Sec. 68.... 940 Broadway Market, — hammering nails in pro- hibited. Ords., Art. 23, Sec. 65.. 939 Canton Market, — butchers’ permanent and eave stalls, rents of. Ords., Art. 23, Sec. 71 940-941 — .sale of. Ords., Art. 23, Sec. 70.. 940 — lines of defined. Ords., Art. 23, Sec. 72.... 941 Centre Market, — lines of defined. Ords., Art. 23, Sec. 74.. 941 — to be part of market house system. Ords., Art. 23, Sec. 73.. 941 Cross Street Market, — butchers’ stalls, rent of. Ords., Art. 23, Sec. 77.. 942 Page MARKETS.— (Cont’d). —hall of. Ords., Art. 23, Sec. 76.. 942 — limits of defined; proviso relating to footways. Ords., Art. 23, Sec. 75.. 942 Fells Point Market, — country produce; license for. Ords., Art. 23, Sec. 84.... 944 — country produce, limits of wholesale market for; proviso. Ords., Art. 23, Sec. 83. 943-944 — fish, sales of. Ords., Art. 23, Sec. 82.. 943 — limits of, defined. Ords.. Art. 23, Sec. 78.. 942 — sales from stalls in. Ords., Art. 23, Sec. 79.. 943 — of produce; penalty. Ords., Art. 23, Sec. 85.. 944 —stalls and benches in, rents of. Ords., Art. 23, Sec. 81.. 943 — or stands in; regulations for. Ords., Art. 23, Sec. 80.. 943 — vehicles in. Ords., Art. 23, Sec. 84.. 944 — water in reservoir not to be drawn for shipping pur- poses; penalty. Ords., Art. 23, Sec. 27.. 928 Hanover Market, — hucksters of butter, eggs or poultry. Ords.. Art. 23, Sec. 88.. 945 — limits of defined; proviso. Ords., Art. 23, Sec. 86.. 944-945 — stalls and benches, rent of. Ords., Art. 23, Sec. 87.. 945 — vehicles, limits of. Ords., Art. 23, Sec. 89.. 945 Hollins Market, — butchers’stalls, rent of. Ords., Art. 23, Sec. 92.. 946 — limits of defined; proviso relating to footways, Ords., Art. 23, Sec. 90 945-946 — vehicles within market limits. Ords., Art. 23, Sec. 91.. 946 markets. 1497 MARYLAND INSTITUTE. Page MARKETS.— (Cont’d). Lafayette Market, — clerk of market, powers and duties. Ords., Art. 23, Sec. 94.. 947 — limits of defined; proviso relating to footways and Ords., Art. 23, Sec. 93.. 946 — ordinance regulations re- lating to. Ords., Art.. 23, Sec. 95.. 947 — temporar\ side shelter. Ords.,' Art. 23, Sec. 96.. 947 Lexington Market, — fish market; rent of stalls in. Ords., Art. 23, Sec. 98.. 948 — florists: stalls of. Ords., Art. 23, Sec. 97.. 948 — limits of defined; proviso relating to footways. Ords., Art. 23, Sec. 97 947-948 — meats and cooked provi- sions; sale of, restricted in. Ords., Art. 23, Sec. 22.. 926 — Pearl and Pine streets ob- structions of, by wagons; penalty. Ords., Art. 23, Sec. 97.. 948 — space, stalls in market house; rent of. Ords., Art. 23, Sec. 99.. 948 — stalls, benches, etc., rents of. Ords., Art. 23, Sec. 98.. 948 Northeast Market, — licenses for corner stalls. Ords., Art. 23, Sec. 105 950 — limits of defined. Ords., Art. 23, Sec. 104 949-950 — market days. Ords., Art. 23, Sec. 104 950 — sale of stalls. Ords., Art. 23, Sec. 100 949 — stalls in, rent of. Ords., Art. 23, Sec. 101 949 — in south shed; rent of. Ords., Art. 23, Sec. 102 949 — under sheds; rent of. Ords, , Art. 23, Sec. 103 949 Page MARKETS.— ( Cont ’ d) . Richmond Market, — butchers’ stalls, rent of. Ords., Art. 23, Sec. 107 950 — limits defined; proviso as to footways. Ords., Art. 23, Sec. 106 950 MARKET STALLS, lease of; note. Acts, Sec 6 62 MARKING CASKS, See ‘ ''Inspections, Weights and Measures. ’ ’ MARSHAL OF POLICE, See '"Police Commissioners." inspection of records of ven- ders of firearms; report by venders. Ords., Art. 25, Sec. 80.. 985 MARYLAND HISTORICAL SOCIETY, Art Commission — to appoint member of. Acts, Sec. 201 207 MARYLAND HOSPITAL, curable lunatics from Bay View Asylum, transfer to. Ords., Art. 16, Sec. 6 .... 870 MARYLAND INSTITUTE, See "Schools." Ords., Art. 32, Secs. 28-31 1053-4 Art Commission— to appoint member of. Acts, Sec. 201 207 MARYLAND INSTITUTE FOR EDUCATION OF DEAF AND DUMB, certificate of instruction by President of. Acts, Sec. 396 297 fees for tuition of deaf and dumb. Acts, Sec. 396 296 instruction of deaf and dumb. Acts, Sec. 396 295 appropriation for. Acts. Sec. 397 296 MAYOR. MATCHES, OPEN EAMPS. 1498 Page MATCHES, OPEN LAMPS, PIPES, ETC. wharves and warehouses, pro- hibited on. Ords., Art. 11, Sec. 64.. 757 MATERIALS FOR CITY, See '‘'City Register''’ and "‘Comptroller.'’'' memorandum orders required for. Ords., Art. 6, Sec. 33.... 710 note 708-709 MATRONS AT STATION HOUSES, See '‘'Police Commissioners''’ and ' 'Special Police Fund. ' ' MAYOR, See ' 'Corporate Powers. ' ' absence or sickness of. Acts, Sec. 19 101 — from duty — of office force without Mayor’s permis- sion forbidden. Ords., Art. 1, Sec. 11 575 aliens, to compound or remit fines imposed. Acts, Sec. 527 335 — report of by masters of vessels arriving. Acts, Sec. 519 333 annual report of, to City Council. Acts, Sec. 22 102 Annex Improvement Commis- sion, member of. Appeal Tax Court, appoint- ment of members of. Acts, Sec. 146 170 appointees under Comptrol- ler, approval of. Acts, Sec. 34 Ill appointment of — ^assistants. Acts, Sec. 20 101 — minority members of boards and commissions. Acts, Sec. 30 107 Page MAYOR.— (Cont’d). appropriation for hospitals for infectious diseases. {^See ' 'Hospitals' ' sub-title ' 'In- fectious Diseases., Hospitals for.") Art Commission — a p p o i n t ment. Acts, Sec. 201 207 — to give advice as to designs of public structures on request of. Acts, Sec. 203 207 assignment of leasehold prop- erty to be executed by ; proviso. Ords., Art. 1, Sec. 2 572 auditing of accounts of officers of city. Acts, Sec. 21 101 blasting in city, permit for. Ords., Art. 11, Sec. 72.... 760 Board of Estimates, member of. Acts, Sec. 36 113 Board of Review and assess- ment — Mayor to be member of. Acts, Sec. 145 170 Bonds, — in appeals, etc., to be exe- cuted by Mayor. Ords., Art. 1, Sec. 1 571 — of Assistant Superintend- ent of Lamps and Light- ing. Ords., Art. 20, Sec. 24.... 901 — of market clerks to be ap- proved by. Ords., Art. 23, Sec. 5 920 — to be approved by. Acts, Sec. 20A 101 Buildings, Inspector of, ap- pointment of. Acts, Sec. 79 141 Burnt District Commission, appointment of. App. A, Sec. 1 1234 charcoal, to designate, stands for measurement of. Ords., Art. 17, Sec. 25.... 884 MAYOR. MAYOR. Page 1499 Page MAYOR.— (Cont’d). checks to be countersigned by. Acts, Sec. 20A 101 chief executive, to be. Acts, Sec. 31 108 powers as. Acts, Sec. 21 101 City Collector — ^appointment of. Acts, Sec. 42 122 City Council, extra session of. Acts, Sec. 216 214 city property, transfer of by official vacating office, death in office. Ords., Art. 21, Sec. 3 905-06 City Register — audit of ac- counts of by. Ords., Art. 6, Sec. 23 706 city stock and obligations, to sign, Acts, Sec. 41 121 claims against United States ; prosecution by. Ords., Art. 1, Sec. 5 573 clerk to — appointment ; du- ties ; salary. Ords., Art. 1, Sec. 7 - 573, 574 — term of employment. Ords., Art. 1, Sec. 10....574-5 Commissioners fdr Opening Streets, appointment by. Acts, Sec. 172 189 — appointment of temporary commissioners. Acts, Sec. 187 200 Commissioners of Finance, member of Board of. Acts, Sec. 41 121 Comptroller’s subordinates. Mayor to approve. Acts, Sec. 34 Ill conservator of the peace, power as. Acts, Sec. 21 MAYOR.— (Cont’d). contracts, approval of. Acts, Sec. 20A 101 — with Children’ s Playground Association; provisions of. Ords., Art. 14, Sec. 128.. 835, 836 death or resignation of. Acts, Sec. 18 100 Department of Legislative Reference, on Board of. Acts, Sec. 208A 210 Deputy Comptroller, to ap- prove appointment of. Acts, Sec. 34 Ill diplomas to graduates of City College; signature of. Ords., Art. 32, Sec. 11....1047 duties and powers. Acts, Sec. 22 102 election of. Acts, Sec. 16 100 Electrical Commission ; mem- ber ex-officio. Ords., Art. 9, Sec. 1 718 fines — remission of by. Ords., Art. 10, Secs. 6, 7 730-731 — remitted by, list of to City Register, proviso as to costs. Ords., Art. 10, Sec. 6 730 Fire Inspector, appointment of. Ords., Art. 11, Sec. 40.... 750 gunpowder, search warrant when concealed. Ords., Art. 11. Sec. 83.... 765 Harbor Board, appointment. Acts, Sec. 88 147 heads of department to confer with. Acts, Sec. 24 104 hospitals for the sick, notice to owners to discontinue, penalty. Ords., Art. 16, Sec. 5 870 101 MAYOR. MAYOR. 1500 Page MAYOR. — (Cont’d) . jail sentence for violation of ordinances, Mayor may re- mit fine. Ords., Art. 10, Sec. 7.... 731 keepers of weights, etc., in- spect records of. Ords., Art. 17, Sec. 20.... 822 leases of city property, ap- proval of. Ords., Art. 34, Sec. 12. ...1080 — renewal leases to be ex- ecuted by, proviso. Ords., Art. 1, Sec. 3 572 Librarian, City, appointment. • Acts. Sec. 196 203 messenger to, appointment of, duties, salary. Ords., Art. 1, Sec. 8 574 term of employment. Ords., Art. 1, Sec. 10.... 574 575 McDonogh Institute, inspec- tion of. Ords., Art. 22, Sec. 8 .... 911 Maryland Institute, appoint- ment of, pupils to. Ords., Art. 32, Sec. 30.. ..1053 — contract with, for instruc- tion of city pupils. Ords., Art, 32, Sec. 28..1053 New Sewerage Commission, appointment of. Acts, Sec. §824a 507 notice to, of offences under health, etc., ordinances. Ords., Art. 36, Sec. 17..1147 oath of office to be administer- ed by. Acts, Sec. 25 106 obstructions in streets, suit for expenses of removal. Acts, Sec. 189 201 Ordinance of Estimates, to call special meeting of City Council. Acts, Sec. 36 115 Park Commissioners, Board of appointment. Acts, Sec. 90 148 Page MAYOR.— (Cont’d). Paving Commission, appoint- ment, ex-officio member. Acts, Sec. §841k 535 permits — explosives, storing of. Ords., Art. 11, Sec. 71.... 760 — for fireworks- Ords., Art. 11, Sec, 57.... 756 — improved pavements, to tear up. Acts, Sec. 86C 146 — revocable by, notice requir- ed, penalty for failure to comply therewith. Ords., Art. 1, Sec. 13.... 575 576 — salt, use of in melting snow. Ords., Art. 25, Sec. 77.. 984 — sheds — for storage and man- ufacturing purposes. Ords., Art. 3, Sec. 88.... 630 — removal of, on notice from . Ords., Art. 3, Sec. 90 631 — spark catchers, to approve notice to install. Ords., Art. 3, Sec. 86 629 — steam, gas, etc., engines and machinery. Ords., Art. 3, Sec. 141.... 653 — revocation of permit for, approval. Ords., Art. 3, Sec. 142 654 persons to aid him, appoint- ment of. Acts, Sec. 20 101 power of appointment to office. Acts, Sec. 25 104 Pratt Free Librarj^ visitor to. Acts, Sec. 789 487 President First Branch City Council, when to act as. Acts, Sec. 217 215 — Second Branch City Coun- cil, misdemeanor in office, duty of Mayor. Acts, Sec. 214 214 primary election for. App. C, Sec. 2 1275-1276 property donated for street beds, duty in relation to. Acts, Sec. 193 202 MAYOR. mayor’s message. 1501 Page MAYOR.— (Cont’d). qualifications of. Acts, Sec. 16 100 recover}' of monies due city, from Justices of the Peace. Ords., Art. 10, Sec. 1.... 729 removal from office, power of Mayor. Acts, Sec. 25 104 reports of heads of depart- ments to. Acts, Sec. 24 104 reward — for discovery and arrest of certain persons charged with crimes. Ords., Art. 1, Sec. 12.... 575 — for incendiaries, payment of. Ords., Art. 11, Sec. 42,.. 751 salary of. Acts, Sec. 20 101 secretary to — appointment , duties, office hours, salary. Ords., Art. 1, Sec, 6 573 stenographer to, appointment of, duties, salary. Ords., Art. 1, Sec. 9 574 term of emyloyment.’ Ords., Art. 1, Sec. 10.... 574 575 Superintendent of Eamps and I/ighting, appointment. Acts, Sec. 204 208 Supervisors of City Charities, Board of, appointment. Acts, Sec. 104 156 Surveyor, vacancy in office of. Acts, Sec. 205 209 term of office. Acts, Sec. 20 101 test book, to be kept by. Acts, Sec. 25 106 to supervise city’s affairs. Acts, Sec. 22 102 Topographical Survey Com- mission, member of. Acts, Sec. 840 529 Page MAYOR.— (Cont’d). unsafe, etc., buildings, to authorize emergency action on. Ords., Art. 3, Sec. 153.... 658 vehicle license, revocation for violating speed regula- tions. Ords., Art. 41, Sec. 74..1223 Visitors of the Jail, appoint- ment, President, Secretary. Acts, Sec. 118 162 Water Board, appointment of by Mayor. Acts, Sec. 87 146 when to enter office. Acts, Sec. 16-20 100-101 vacancies, procedure in filling. Acts, Sec. 25 106 — when to be filled by Mayor. Acts, Sec. 25 106 MAYOR AND CITY COUN CIL OF BALTIMORE, See ‘ ‘ Corporate P owers\" ‘ 'Po lice Commissioners' ’ and ''Powers." general powers. Acts, Sec. 6 45-94 turnpikes in Annex, may con- demn or purchase same. MAYOR’S CLERK, See "Mayor." MAYOR’S CLERK, ETC., absence from duty. Mayor to approve. Ords., Art. 1, Sec. 11 575 general duties and salary. Ords., Art. 1, Sec. 7 574 term of employment. Ords., Art. 1, Sec. 10574, 575 MAYOR’S MESSAGE AND DEPARTMENT REPORTS, See "Public Printer." printing and binding, prices. Ords., Art. 29, Secs. 11-15 1011-12 MEMORIAI, DAY. mayor’s message. 1502 Page MAYOR’S MESSENGER, See ^'Mayor.'*' duties and salary. Art. 1, Sec. 8 574 term of empolyment. Art. 1, Sec. 10 574, 575 MAYOR’S OFFICE, vacancy in. Acts, Sec. 18 100 MAYOR’S SECRETARY, See Mayor." office hours and salary. Art. 1, Sec. 6 573 MAYOR’S STENOGRAPHER, duties and salary. Art. 1, Sec. 9 574 term of employment. Art. 1, Sec. 10 574, 575 MEASUREMENT OF CHAR- COAL, See ‘ ''Inspections., Weights and Measures ’ ’ and ‘ ‘ Char- coal. ’ ’ MEAL AND FLOUR, See "‘Markets." Ords., Art. 23, Sec. 24.... 927 MEASUREMENT OF WATER, See "Collector of Water Rents and Licenses. ’ ’ meters for, to be furnished by Water Department. Ords., Art. 41, Sec. 64....1220 MEASUREMENT OF WOOD, See ‘ ‘ Wood. ’ ’ MEASURER OF WOOD- CARTS, See ‘ ‘ Wood. ’ ’ MEAT, markets — sales at retail only at butchers’ stalls. Ords., Art. 23, Sec. 35 ... 930 Page MEAT. — (Cont’d). — sale of unsound and un- wholesome in, forbidden. Ords., Art. 23, Sec. 30.... 929 — unauthorized persons not to sell in. Ords., Art. 23, Sec. 29.... 928 MEDICAL ATTENTION, See "‘Jail." prisoners in jail, when ill. Acts, Sec. 121 163 MEDICAL EXAMINER, See "Health." Ords., Art. 14, Sec. 3 797 Health, Commissioner of, to appoint. Acts, Sec. 71 138 MEDICO— LEGAL I N Q U I R- lES, See "Health." Medical and Assistant Medi- cal Kxaminer to make. Ords., Art. 14, Sec. 3 797 MEETINGS of. Board of Estimates. Acts, Sec. 36 113 City Council . {See' ' City Coun- cil. ’ ’ ) MEMBERS OF CITY COUN- CIL, See ' ' City Council. ’ ’ MEMORANDA OF MATERI- ALS AND WORK FOR CITY, See ' ' Comptroller. ’ ’ inspection of. Ords., Art. 6, Sec. 33 710 and note 708, 709 MEMORIAL DAY, flags on schools at half-mast. Ords., Art. 32, Sec. 7 1046 public buildings, flags on at half-mast. Ords., Art. 27, Sec. 6 1006 MERCHANDISE. MILK. Page 1503 Page MERCHANDISE AND CLOTHING, markets, sales in unlawful, penalty, proviso. Ords., Art. 23. Sec. 34.... 929-30 MERCHANDISE BROKERS, See '‘'‘Licenses." license for. Acts, Sec. 694 424 MERCHANDISE LICENSES, See "Licenses."' issue of to poor women, fee, etc. Ords., Art. 41, Sec. 85....1228 MERCHANDISE ON WHARVES, removal and sale of. Ords., Art. 13, Sec. 13.... 777 MERCHANTS AND MANU- FACTURERS ASSOCIA- TION OF BALTIMORE CITY, Department of Legislative Reference, President of, on Board of. Acts, Sec. 208A 210 MERIT SYSTEM ON PUBLIC WORKS, Paving Commission, to adopt. Acts, Sec. §841o 541 MESSENGER TO MAYOR, See '‘'‘Mayor." METERS, See "Gas Meters;" "‘Inspec- tions., Weights and Meas- ures ’ ‘ 'Lamps and Light- ing' ’ and ‘ ‘ Water Rents. ’ ’ gas — in public buildings. Ords,, Art. 20, Sec. 4 894 — inspection of. Ords., Art. 20, Secs. 6-14 895-898 water — buildings other than dwellings, rates to. Ords., Art. 41, Sec. 68....1221 — stables, installation in. Ords., Art. 41, Sec. 54....1218 MIDWIFERY, See '‘'‘Health." Ords., Art. 14, Sec. 188.. 862 MIDWIVES, license of, for care of infants. Acts, Sec. §493f 323 penalty for caring for infants without license. Acts, Sec. §493i 324 MILITIA, command of when called out by Police Commissioners or Sheriff. Acts, Sec. 769 472 MILITIA EXEMPT FROM JURY DUTY, See '‘'Jurors." Acts, Sec. 622 374 MILK, See "Health." adulteration of, penalty. Ords., Art. 14, Sec. 56, 812 care of milk in dairies. Ords. Art. 14, Sec. 50, 810-811 diseased cows— sale of milk of prohibited, penalty. Ords., Art. 14, Sec. 56, 812 handling of in dairies. Ords., Art. 14, Sec. 54, 812 Inspectors of. Acts, Sec. 74 139 receptacles for. Ords., Art. 14, Sec. 50, 810 sale regulated. Acts, Sec. 6 55 — storage and distribution of. Ords., Art. 14, Sec. 53, 811-812 Skim-milk and buttermilk to be sold as such. Ords., Art. 14, Sec. 59, 84 standard qualities of, defined. Ords., Art. 14, Sec. 59, 813 vessels for. Ords., Art. 14, Sec. 50, 811 MINORS. 1504 MOTIONS IN arrest. Page MINORS, commitment of by magistrate for Juvenile Causes. Acts, Sec. 623A, 375 temporary detention and trial of by Magistrate for Juven- ile Causes. Acts, Sec. 623A 375 MINOR PRIVILEGES IN STREETS, See ''Board of Estimates. '''' certain privileges, prohibited. Acts. Sec. 8 95 MINORITY REPRESENTA- TION, in Departments, Boards and Commissions. Acts, Sec. 30 107 MINORS, billiards and bowling, not to play, penalty. Ords., Art. 25, Secs. 2-4, 961-962 custodians to prevent begging by. Acts, 882 559 jumping on and off cars by, forbidden, penalty. Ords., Art. 30, Sec. 10, 1018 newspaper selling by permit- ted. Acts, 883 560 not permitted in saloons or dance halls without parents or guardians. Acts, 881 558 pretending parents liable to fine. Acts, 884 560 MINORS AND CHILDREN, sales by, (^See ' 'Larceny. ’ ’ ) MINORS, SALE OF LIQUOR TO, See' ' Liquor Licenses. ’ * MINUTES OF POLICE COM- MISSIONERS, See "Police Commissioners." Page MISCELLANEOUS PRINTING, See "Public printer." specifications and prices. Ords., Art. 29, Sec. 16, 1012 MISCELLANEOUS USES OF WATER, See ' ' Water Rents. ’ ’ rates for Water Board to fix. Ords., Art. 41, Sec. 68, 1221 MISSILES, throwing in city unlawful, penalty. Ords., Art. 25, Sec. 87, 987 MISUSE OF LICENSES, See "Licenses." penalty for, in certain cases. Ords., Art. 41, Secs. 81- 85 1226-1228 MONEYS OF CITY, See "City Register" and " Stocks y Loans and Fi- nance. ’ ’ interest on deposits of in Banks. Ords., Art. 6, Sec. 23, 705-706 MONEYS OF SPECIAL POLICE FUND, See ' 'Special Police Fund. ’ ’ MONUMENTS, Washington and Battle, in- jury to, penalty. Ords., Art. 25, Sec. 61, 977 MONUMENTS AND M E M- ORIALS, Art Commission to approve. Acts, Sec. 202 207 MOTIONS IN ARREST OF JUDGMENT, See "Courts." Acts, Sec. 300 261 MORGUE. MOVABLE STALLS. 1505 Page ' MOORE, JAMES M., pension of, as retired police- man to be paid out of special fund. Acts, Sec. 780 483 MORGUE, Health:' Ords., Art. 14, Sec. 78, 820 MORTGAGES, allegations against sale. Acts, Sec. 724 436 assent to decree of sale. Acts, Sec. 720 434 assignment of decree by doc- ket entry. Acts, Sec. 727 437 conveyance of interest by doc- ket entries. Acts, Sec. 727 437 copy filed with application for decrees. Acts, Sec. 726 436-437 — decree — default before not to affect right to. Acts, Sec. 731 439 — in personam when pro- ceeds insufficient. Acts, Sec. §731a 440 default before decree, duty of Court. Acts, Sec. 731 439 distribution of proceeds of Acts, Sec. 729 437-438 docket entries and record, copy of mortgage filed, fees. Acts, Sec. 726 436-437 execution on decree in per- sonam against mortgagor. Acts, Sec. §731a 441 notice of sales under general law, publication of. Acts, Sec. 730 438 order of assignment to be in writing. Acts, Sec. 727 Page MORTGAGES.- ( Cont ’ d) . priority as liens according to time of entry on docket. Acts, Sec. 727 437 record of order of satisfaction. Acts, Sec. 728 437 release by docket entry of satisfaction of decrees. Acts, Sec. 728 437 report of sales by trustees. Acts, Sec. 723 436 sale — decree of, terms of. Acts, Sec. 720 434 — procedure in, by trustee. Acts, Sec. 721 435 — under general law, pub- lication of notice of. Acts, Sec. 730 438 —validity of, under assent of mortgagor. Acts, Sec. 722 435 — voiding, assessing costs when voided. Acts, Sec. 725 436 satisfaction of decree, order of, in writing. Acts, Sec. 728 437 trustees — appointment of new. Acts, Sec. 729 437-438 — for making sales, bond of. Acts, Sec. 720 434 — in sales where default before decree occurs. Acts, Sec. 731 439 MOUNT ROYAL TERRACE, sale of liquors, prohibited. Acts, Sec. 666 407 MOUNT VERNON F A C - TORIES, sale of liquors at, prohibited. Acts, Sec. 664 406 MOUNT VERNON PLACE, See ''Parks and Squares." porticos— construction of, in. Ords., Art. 24, Sec. 2.... 955 MOVABLE STALLS, See "Markets." Ords., Art. 23, Sec. 14.... 923 .437 MOVEMENT OF CARS. 1506 MUNICIPAL OFFICIALS. Page MOVEMENT OF CARS, See ‘ '‘Railroads and Rail- ways. ’ ’ cars to be moved in streets by authorized persons only; penalty. Ords., Art. 30, Sec. 2....1016 MOVEMENT OF CARS IN STREETS, moving cars down grade; proviso; penalty. Ords., Art. 30, Sec. 9....1018 MULBERRY STREET, cattle, driving through un- lawful. Ords., Art. 25, Sec. 31..968-9 MUNICIPAL ART SOCIETY, Department of Legislative reference, president of, on board of. Acts, Sec. 208 A 210 MUNICIPAL HOLIDAYS, See '‘'Holidays." Ords., Art. 15, Secs. 1-3, 867-8 MUNICIPAL HOSPITAL FOR INFECTIOUS DISEASES, See "Health" and "Hos- pitals. ’ ’ Ords., Art. 14, Sec. 10.... 799 MUNICIPAL, LIGHTING PLANT, See ' 'Stocks, Loans and Finance. ’ ’ Acts, Sec. §826b 520 MUNICIPAL CONTRACTS, See "Contracts." MUNICIPAL CONTROL OF GRANTS AND FRAN- CHISES, Acts, Sec. 11 97 MUNICIPAL ELECTIONS, See "Primary Elections." supplementary registration for. Acts, Sec. 17 MUNICIPAL FRANCHISEsf^^^ See ' 'Franchises. ' ’ MUNICIPAL OFFICIALS, See ' 'Appointments to Office;' ’ ‘ 'Bonds;' ' ' ' City Council;' ' "Heads of Departments;" "Mayor" and "Salaries." annual reports of. — when to be made. Ords., Art. 1, Sec. 36.... 582 bonds of, note and cases. Acts, Sec. 31 108 bond required of. Acts, Sec, 31 108 Burnt District Commission; not eligible on App. A, Sec. 1 1234 City Librarian . Acts, Sec. 196 203 city contracts, debts or claims; officials not to be interested in; penalty. Ords., Art. 1, Sec. 37. 582-83 City Solicitor. Acts, Sec. 60-67 133-36 — assistants of. Acts, Sec. 62 134 Deputy City Solicitor. Acts, Sec. 62 133-4 extra compensation forbidden ; when allowed. Ords., Art. 1, Sec. 40.... 584 new Sewerage Commission — not eligible to appointment to. Acts, Sec. §824a 507 not to hold more than one office. Acts, Sec. 26 107 power to appoint subordinates. Acts, Sec. 28 107 — pass rule and regulations. Acts, Sec. 31 108 records of official acts. Acts, Sec, 31 108 registered voters, to be. Acts, Sec. 26 100 107 NEW LAMPS. MUNICIPAL OFFICIALS. 1507 MUNICIPAL OFFICIALS.— (Cont’d). tenure of office. Acts, Sec. 27 Page 107 term of office of. Acts, Sec. 25 105 when to enter office. Acts, Sec. 25 105 Page NAPHTHA, BENZINE AND . GASOLINE, See '"Fire Regulations." Quantity to be kept on hand. Ords., Art. 11, Sec. 74.... 762 NARROW STREETS, vehicles in. Ords., Art. 4, Sec. 2 682 MUNICIPAL POWERS, See "Corporate Pozvers." MUNICIPAL SALARIES, See "Salaries.''' when to be paid. Ords., Art. 1, Sec. 42.. 584-85 MUNICIPAL TELEPHONE EXCHANGE, See ‘ ''Fire Department ’ ’ Ords., Art. 11, Sec. 44.... 752 MUNICIPAL SUBWAYS AND CONDUITS, See "Electrical Commission and Subways. ' ' NATURALIZATION CASES, rules governing same. Acts, Sec. 321A 272-73 sittings of court in. Acts, Sec. 321 272 two judges to hear and de- termine. Acts, Sec. 321 272 NAVAL STORES, regulation of storage of. Acts, Sec. 6 ..., 50 NAVIGATION OF JONES’ FALLS. rules, penalties. Ords., Art. 18, Secs. 4-5, 889-890 MUSEUMS OF ANATOMY, display or exposure of any part of on streets, penalty. Ords., Art. 25, Sec. 62..977-8 MUSICAL PARTIES, licenses for, when admission fee is charged. Ords., Art. 41, Sec. 13....1200 NAME, corporate name. Acts, Sec. 1 41 NAMES OF STREETS, lamps on corners to bear. Ords., Art. 20, Secs. 17, 18 899 revision and change of. Ords., Art. 35, Secs. 102, 103 1131 NAMES ON BALLOTS, See ‘ 'Primary Elections. ’ ’ App. C, Sec. 1 NEW AND MISSED PROPERTY, See ‘ ' Assesstnents' ' and ‘ 'Ap- peal Tax Court." Acts, Secs. 169,171....184,188 NEW BUILDINGS, See ' ' Water Rents. ' ' compl etion of, to be reported. Ords., Art. 40, Sec. 7..1179-80 NEW IMPROVEMENTS, See "Appeal Tax Court" and ‘ ‘ Taxes. ' ' assessment of for taxes. Ords., Art. 38, Sec. 10....1159 estimates for. — Acts, Sec. 36 114 NEW LAMPS AND LAMP PILLARS, See "Lamps and Lighting." Superintendent of Lamps and Lighting to erect. Ords., Art. 20, Sec. 3 894 .1273 NEW RESIDENTS, NON-JURY TRIALS. 1508 Page NEW RESIDENTS, See '"'Appeal Tax Court.''' assessment of, property of. Acts, Sec. 158 179 NEW SEWERAGE— act {See "Sewers."') Acts, Sec. §824a-§824h inclusive, 507-17 loan {See "Sewers'') Acts, Sec. §824f 516 system {See "Sewers.") Acts, Sec. §824a-§824h, 507-517 system fund {See ' 'Sewers. ' ' ) Acts, Sec. §824f 516 NEW STATION HOUSES IN ANNEX, acquisition of land for and erection of. Acts, Secs. 786, 787,788.. 487 NEW TRIALS. motions for. Acts, Sec. 300 261 NEWLY ASSESSED PROP- ERTY, See "Appeal Tax Court." Ords., Art. 38, Sec. 14, 1160-61 NEWS BOYS, sale of newspapers on public conveyances authorized, Ords., Art. 4, Sec. 28.... 690 NEWSPAPER PUBLICATIONS, bills for, to be certified by parties presenting same. Ords,, Art. 1, Sec 28, 579-580. payment of city bills for print- ing and publishing adver- tisements. Ords., Art. 1, sec. 28.... 579 NEWSPAPER REPRESEN- TATIVES. badge, misuse of, revocation of. Ords., Art. 25, Sec. 64. .. 978 counterfeiting or duplicating, penalty. Ords., Art. 25, Sec. 66.... 979 Page NEWSPAPER REPRESEN- TATIVES.— (Cont’d). fraudulent use of badge, penalty. Ords., Art. 25, Sec. 65 ... 978 Journalists’ Club to issue badges to. Ords., Art. 25, Sec. 63 ... 978 NIGHT SOIL, See "Health." Ords., Art. 14, Sec. 146.. 842 bringing same within city pro- hibited, penalty. Ords., Art. 14, Sec. 147.. 842 removal of, contract with R. R. Zell and Co. Ords. Art. 14, Sec. 157.. 845 NIGHT STANDS FOR VEHICLES , See "Vehicles." NIGHT WATCHMEN. appointment of. Acts, Sec. 375 Acts, Sec. 377 289 289 duties of. Acts, Secs. 375-377 289 salaries of. Acts, Secs. 376-378 289 in parks, police powers of. Acts, Sec. 98 151 salaries of. Acts, Secs. 376, 378 289 NOMINATIONS, under Primary Election Law. App. C, Sec. 1, 1270 NOMINATIONS FOR POLICE, See "Police Commissioners.'' NOMINATIONS TO OFFICE, Second Branch to confirm. Acts, Sec. 25 104 NON- JURY TRIALS, note 274 NOTICE. NON-RESIDENT OWNERS. 1509 Page NON-RESIDENT OWNERS, damages to in street openings, Acts, Sec. 827 521 notice to, concerning nui- ^^^Ords., Art. 14, Sec. 88.... 824 Page NOTES OF COURT PRO- CEEDINGS, court may order same taken by stenographer; when taxed as costs. Acts, Sec. 380 290 notice to, of assessments. Ords., Art. 35, Sec. 88....1124 NON-RESIDENT PUPILS IN SCHOOLS, See ‘ 'Schools, ’ ’ sub - title "Tuition." Ords., Art. 32, Secs. 33- 34 1054-6 NON-RESIDENTS, condemnation of property of, for public uses. Ords., Art. 8, Sec. 1 712 shares of stock held by. Acts, Sec. §155a 177 NORTH AVENUE, See ‘ 'Streets, Bridges and High- ways. ’ ’ Acts, Sec. 838 527-8 NORTHEAST MARKET, See ' ' Northeast Market, ’ ’ sub-title "Markets." proviso relating to. Ord., Art. 23, Secs. 100- 105 949-950 NORTH STREET, locomotives to be used on. Ords., Art. 30, Sec. 13 1019 NOTARIES PUBLIC, additional appointment. Acts, Sec. 733a 442 appointment generally. Acts, Sec. 733 442 Baltimore city, additional for. Acts, Sec. §733Aa 442 note, cases cited 442 NOTICE, See "Advertisements'," "Ap- peal Tax Court'," "Assess- ments;" "Benefits;" "City Collector;' ’ ‘ ‘ Commissioner for Opening Streets;' ' Con- demnation of Property;' ' ' 'Damages ; ” "G rading. Paving, etc.. Streets'," ' 'Health;' ' ' 'Landlord and Tenant;" "Licenses;" ' 'Mayor;' ' ' ' Ordinances;' ' ' 'Streets and City Engi- neer;" "Taxes." application for grading, pav- ing, etc., from owners. Ords., Art. 35, Sec. 55....1110 — for ordinance to open, close, etc., streets. Acts, Sec. 828 524 — for ordinance to sanction division by joint owners. Acts, Sec. 831 524 — of owners for grading, pav- ing, etc. Ords., Art. 35, Sec. 63 ..1114 condemnation of land and water rights, notices in. Acts, Sec. 6 88 bakeries and confectioneries, violation of sanitary regula- tions. Ords., Art. 17, Sec. 38.. 887 contagious diseases, parents of pupils, and physicians to give notice to teachers. Ords., Art. 32, Sec. 36.. 1056 effect of failure to give notice. note 76 qualifications of appointees. Acts, Sec. 734 443 women notaries. Acts, Sec. §733Aa 442 Acts, Sec. 734 443 examining engineers — exami- nations by. Acts, Sec. 429 301 fire precautions, violation of. Ords., Art. 11, vSec. 62.... 757 NOTICE. NOTICE. Page 1510 Page NOTICE.— (Cont’d). footways to be filled up. Ords., Art. 35, Sec. 21..1098 — when defective or out of repair. Ords., Art. 35, Sec. 20. 1097-1098 grading, paving, etc. — assessments for; deposit of; list of. Ords., Art. 35, Sec. 94.1128 — for, to owners, written or printed notices. Ords., Art. 35, Sec. 95..1128 —apportionment of. Ords., Art. 35, Sec. 93, 1127 — ordinances for. Acts, Sec. 6. 75 — proposals for. Ords., Art. 35, Sec. 91, 1126 — tax for. Acts, Sec. 6 77 licenses. — advertisement of expiration of. Ords., Art. 41, Sec. 84..1227 mortgage sales under General Eaw. Acts, Sec. 731 439 notice to quit {See ''Notice to Quit. ’ ’ ) nuisances. — in private streets; abatement of. Ords., Art. 35, Secs. 86- 88 1122-1124 — non-resident owners, abate- ment of by. Acts, Sec. 489 320 opening, closing, etc. , streets {See ‘ 'Streets, Bridges and Highways, ’ ’ sub-title' ' Open- ing, etc. , Streets. ' ’ ) — benefits, assessment of in. Acts, Sec. 181... 198 — damages, assessment of in. Acts, sec. 178 186 — publication of. Acts, Sec. 177 194 NOTICE.— (Cont’d). Opening, Closing, Etc.- (Cont’d). — meetings of Commissioners for Opening Streets. Acts, Sec. 175 191 — objects of Ordinance, Com- missioners for Opening Streets to advertise. Acts, Sec. 829 523 — resale of property taken in . Acts, Sec. 176 193 — sale and resale of property assessed for benefits in. Acts, Sec. 183 199 — sale of property assessed for benefits. Acts, Sec. 182 199 — of residue of property taken Acts, Sec. 176 192 paving etc., streets. — annex footways. Ords., Art. 35, Sec. 31..1102 — assessments for. Ords., Art. 35, Sec. 69....1116 — distress for taxes for. Ords., Art.35, Sec. 24....1099 — levy of tax, etc. Ords., Art. 35, Sec. 76....1120 — footways, paving by City Engineer. Ords., Art. 35, Sec. 22..1098 — paving tax or assessments. Ords., Art. 38, Sec. 29..1167 — selection of paving materials by owners. Ords., Art. 35, Sec. 78 1120-1121 primary elections, date of. App. C. Sec. 1 1270-1271 sewers — construction, open- ing, etc., notice to owners. Acts, Sec. 818 504 — property owners affect- ed, to receive. Ords., Art. 33, Sec. 6..1062 taxes — — advertised notice of taxes falling due, what to show. Acts, Sec. 51 128 — assessments of property. Acts, Sec. 164A 181 NOTICE. NUISANCES. Page 1511 NUISANCES.— (Cont’d). Page NOTICE.— (Cont’d). — increase of assessments of property , notice to owners. Acts, Sec. 150 172 — sales of chattels for. Acts, Sec. 49 127 visitors of Jail, meetings of. Acts, Sec. 119 163 wdres underground, placing of. Acts, Sec. 6 81 NOTICE TO QUIT, See "'Justices oj the Peace'" and "Landlord and Tenant. ' ' agreements relating to, to con- trol. Acts, Sec. 851 550 decisions relating to cited. note Acts 548 form and requisites of. Acts, Sec. 849 549 rights of landlord under. Acts, Sec. 850 550 tenancies. — at will, by landlord. Acts, Sec. 846 549 — at will, by tenant. Acts, Sec. 847 549 — for less than a year. Acts, Sec. 845 548 — year to year. Acts, Sec. 844 548 Acts, Secs. 844-851. ...548-550 written notice required. Acts, Sec. 848 549 NUISANCES, See "Health." Ords., Art. 14, Sec. 65.... 816 817 Ords., Art 14, Secs. 84- 127 822-835 abatement of nuisances. — causes of removal, penalty for failure to remove. Ords., Art. 14, Sec. 84.. 822 — costs of. Ords., Art. 14, Sec. 84.. 822 — judgment for. Ords., Art. 14, Sec. 89.. 824 — duty of Commissioner of Health. Ords., Art. 14, Sec. 84.. 822 — expenses of removal, re- covery. Ords., Art. 14. Sec 89.. 824 — sale of property to pay. Ords.. Art. 14, Sec. 90.. 824 825 — from leaking hydrants, cost of removal. Ords., Art. 14, Sec. 115.. 831 — notice to abate. Ords., Art. 14, Sec. 65. ...816 817 Ords., Art. 14, Sec. 84.... 822 — to non-resident owners. Ords., Art. 14, Sec. 88 823 824 — when to be posted on premises. Ords., Art. 14, Sec. 87.. 823 —to remove, penalty for failure to comply with. Ords., Art. 14, Sec. 84.. 822 — penalty for failure to abate. Ords., Art. 14, Sec. 65.. 816 817 — property owners defined, in cases for. Ords., Art. 14, Sec. 91.... 825 — when owner cannot be found. Ords., Art. 14, Sec. 85.... 823 assessments for grading, pav- ing, etc., of streets. Ords., Art. 35, Sec. 86. ...1123 brought into city, penalty. Ords., Art. 14, Sec. 99 ... 827 digest of decisions of Court of Appeals. note 54-57 docks — — removal of nuisances in, penalty for non-removal. Ords., Art. 13, vSec. 22.... 781 grading, paving, etc., to abate. Ords., Art. 35, Sec. 85. ...1123 health wardens, duty in re- lation to. Acts, Sec. 78. 141 NUISANCES. NUISANCES. Page 1512 Page NUlSANCES.(Cont’d) hearing by City Engineer to determine assessments for grading, etc. Ords., Art. 35, Sec. 86.. .1123 inspection by Commissioner of Health. Ords., Art. 14, Sec. 84.... 822 lots, nuisances on; assessment of costs, lien of. Ords., Art. 14, Sec. 89.... 824 — non-residents, advertise- ment of notice to. Ords., Art. 14, Sec. 88.... 823, 824 — notice of removal of. Ords., Art. 14, Sec 87.... 823 — originating on adjoining lots, procedure , penaltv. Ords., Art. 14, Sec. 86.... 823 — owners of property charge- able with costs ; defined. Ords., Art. 14, Sec. 91.... 825 — penalty for failure to re- move. Ords., Art. 14, Sec. 86.... 823 — sale of property for costs of removal ; pr cedure. Ords., Art. 14, Sec. 90.... 824-825 — on vacant lots ; penalty. Ords., Art. 14, Sec. 96.... 826-27 markets — filth, offal, etc., de- posit of unlawful, penalty. Ords., Art. 23, Sec. 32.... 929 Park Avenue, deposits of, dirt, ice, sand, snow, prohibited on, penalty. Ords., Art. 25, Sec. 38.... 971 private streets, paving or repaving of, to abate. Ords., Art. 35, Secs. 85- 88 1123-1124 removal to other premises in city, prohibited ; pen- alty, Ords., Art. 14, Sec. 98.... 827 Specific Nuisances, —cellars. Ords., Art. 14, Secs. 93- 94 826 — dead animals; removal of; penalty. Ords., Art. 14, Sec. 95.... 826 NUlSANCES.(Cont’d) Specific Nuisances. — (Cont’d). — deposits of green and fatty bones. Ords., Art. 14, Sec. 92.... 825 — expectorating. Ords., Art. 14, Secs. 100- 104 828-829 — garbage, offal, etc. Ords., Art. 14, Secs. 107- 12 829-831' — ice ponds. Ords., Art. 14, Secs. 116- 118 832 — injurious manufactories. Ords., Art. 14, Sec. 65.... 814, 815 — leaking hydrants. Ords., Art. 14, Secs. 114- 115 831 — low grounds ; draining of. Ords., Art. 14, Sec. 100.. 827 — manufactories injurious and dangerous to health. Ords., Art. 14, Secs. 65- 77 816-822 — manure. Ords., Art. 14. Sec. 96.... 826-827 —offensive fluids in streets, police regulations, pen- alty. Ords., Art. 25, Secs. 52, 53 975 — oyster and clam shells. Ords., Art. 14, Secs. 119- 120 832-835 — roofing, chemical or me- chanical preparations for; proviso. Ords., Art. 14, Sec. 65.... 816, 817 — shavings and vegetable matter. Ords., Art. 14, Sec. 121.. 833 — slaughter and hide houses; complaints against ; in- vestigation of. Ords., Art. 14, Sec. 195.. 864 — notice and removal of. Ords., Art. 14, Sec-196.. 865 — nuisances from ; penal- ty* Ords., Art. 14, Sec. 97 827 — slaughter house cleanings. Ords., Art. 14, Sec. 97.... 827 — smoke. Ords., Art. 14, Secs. 122- 125 833-834 NUISANCES. OATH OF OFFICE. Page 1513 Page NUISANCES.— (Cont’d) . Specific Nuisances. — (Cont’d). —stables. Ords., Art. 14, Sec. 126.. 834 — tenement, lodging houses. Ords., Art. 14, Sec. 105.. 829 — wells and springs. Ords., Art. 14, Sec. 127.. 834-835 — vacant lots and premises, deposits on. Ords., Art. 14, Sec. 96.... 826-827 Streets in State of Nuisance, — action against City by non- resident owners for re- covery of costs assessed. Acts, Sec. 490 32') — advertisement of notice to non-resident owners. Acts, Sec. 489 320 — assessment of costs. Acts, Sec. 486 319 — collection of costs. Acts, Sec. 486 319 — defenses of owners. Acts, Sec. 487 320 — levy of cost. Acts, Secs. 488-489 320 — lien of costs and expenses. Acts, Sec. 488 320 — non-resident owners, re- imbursement of. Acts, Sec. 490 320 — notice to non-residents. Acts, Sec. 489 320 — ordinance Causing nui- sance. Acts, vSec. 487-490 320 — paving, when to be done. Acts, vSec. 486 * 319 — refund of assessments for paving, etc., streets, when court decides no nuisance existed. Ords., .\rt. 35, Sec. 87....1124 — reimbursement of owner. Acts, Sec. 487-490 320 — streets, regulations re- lating to nuisances in. Ords., Art. 25, Sec. 36.... 970 — suit against abutting own- ers. Acts, Sec. 486 NUISANCES.- (Cont’d) . Wharves, — fish, fruit and vegetables to be removed when a nui- sance ; penalty. Ords., Art. 13, Sec 14.... 777 NUMBER, See ‘ 'Hackney Carriages ana Coaches." NUMBER PLATES OF LI- CENSES, See" Licenses" and ‘ ‘ Vehicles. ’ ’ NUMBER PLATES ON VE HICLES, license number to correspond with. Ords., Art. 41, Sec. 83. ...1227 NUMBERING HOUSES, See ‘ ‘ Topographical Survey. ’ ’ Ords., Art. 39, Secs. 8-11 1174 errors and irregularity in. pen- alty. Ords., Art. 3, Sec. 120.... 646 general powers. Acts, Sec. 6 79 NUMBERS OF LICENSES, See "Licenses." license number plates to cor- respond with, penalty. Ords., Art. 41, Sec. 83....1227 OATH OF OFFICE, See "Police Examiners." Acts, Sec. 25 106 auctioneer— false swearing by; penaltv. Acts, Sec. 273 245 Board of Police Commis- sioners. Acts, Sec. 740 449 Commissioners for Opening vSewers, employes of, rec- ord of. Ords., Art. 33, Sec. 4 1061 Examining Board of P'ire De- partment, members to take . Ords., Art. 11, Sec. 24.. 745 319 OATH OF OFFICE. OBSTRUCTIONS. 1514 Page OATH OF OFFICE.— (Cont’d). decisions relating to. note 106 form of, for Commissioners for Opening Sewers. Ords., Art. 33, Sec. 2. .1061-2 measurer of wood-carts. ! Acts, Sec. 593 357 I OBJECTIONABLE S U R - ROUNDINGS, to protect public property from. Acts, Sec. 6 49 OBSTRUCTING, ambulances — penalty for. Ords., Art. 16, Sec. 15.. 873 Salvage Corps — penalty for. Ords. Art. 11, Sec. 46.... 752 sewers — throwing waste mat- ter into inlets, penalty. Ords., Art. 25, Sec. 95.. 990 j OBSTRUCTIONS, See ‘ '‘Buildings^ ’ ’ ‘ 'Fire De- \ partment;''' " Fire Regula- \ tions;" "Harbor, Docks and Wharves;'" "Health;" "Inspector of Buildings;" ‘ 'Jones'' Falls, ’ ’ ‘ 'Markets;' ’ ''Nuisances;'" "Parks and Squares;" "Police Regula- tions"' "Quarantine Hos- pital;" "Railroads and Railways"' "Sewers"' ''Streets and City Engi- neer' ' and ' ' Vehicles. ' ' harbor, docks and wharves. — in harbor. — on piers. — on wharves. Ords., Art. 13, Secs. 19, 32 780, 785 — to navigation. Ords., Art. 13, Sec. 20.. 780 Jones’ Falls — obstruction of. i^See "Jones' Falls.") Ords., Art. 18, Sec. 1.... 888 parks and squares — public view in, not to be ob- structed. Ords., Art. 24, Sec. 1.... 954 OBSTRUCTIONS.— (Cont’d).^^^^ railway tracks — obstruction of. I {See "Railroads and Rail- ' ways.") Ords., Art. 30, Sec. 18....1021 removal of, from lands con- demned. App. A, Sec. 21 1253 sewers — construction of; re- moval of, at expense of owners. Ords., Art. 33, Sec. 18..1072 — and drains — obstruction of; penalty for; collection of penalties. Acts, Sec. 817 504 street cars — obstruction of; penalty against owners or drivers of vehicles. Ords., Art. 4, Sec. 18.... 687 I Streets — Obstructions and En- c> oachments, — articles for immediate use of trade or family, ex- cepted, penalty. Ords., Art. 25, Sec. 67.. 979 — barrels, boxes, crates and hogsheads, space to occu- py, penalty. Ords., Art. 25, Sec. 68.. 979 — boxes for garbage, regula- tion of. Ords., Art. 25, Sec. 70 980 — builders’ materials, condi- tions of occupancy of streets with. Ords., Art. 25, Sec. 74.. 982 — cars of steam railroads not to obstruct streets. Ords., Art. 30, Secs. 4-6 1017 — City Engineer to clear un- lawful obstructions at ex- pense of offender. Ords., Art. 25, Sec. 73 981 — dangerous and unhealthy substances, immediate removal of. Ords., Art. 25, Sec. 69 980 — dirt, lumber, etc., ob- structing streets. Ords., Art. 25, Sec. 73 981 — enclosure in streets in building work. Ords., Art. 25, Sec. 74 982 OBSTRUCTIONS. OFFENSIVE. 1515 Page OBSTRUCTIONS.— (Cont’d). Streets — Obstructions and Encroachments. — (Cont’d). — encroachments and ob- structions in streets. Acts, Sec. 6 78 — decisions relating to. foot-note 78-79 — family and trade articles for immediate use. Ords., Art. 25, Sec. 67 979 — fires in streets in building work, conditions of per- mit. Ords., Art. 25, Sec. 75 983 — footways, removal of snow and ice from. Ords., Art. 25, Sec. 76 983-4 — garbage receptacles pro- hibited, proviso. Ords., Art. 25, Sec. 70 980 — gutters and sidewalks to be kept clear. Ords., Art. 25, Sec. 71 980-1 — horses and mules in streets while shoeing; penalty. Ords., Art. 25, Sec. 75 983 — ice to be removed from footways and gutters. Ords., Art. 25, Sec. 76 983-4 — inspection of goods on streets; penalty. Ords., Art. 17, Sec. 3.. 876 — materials of builders, con- ditions of use of streets with. ! Ords., Art, 25, Sec. 74 982 — mules and horses in streets while shoeing; penalty. Ords., Art. 25, Sec. 75 983 note 979 — notice to remove snow from footways. Ords., Art. 25, Sec. 76 983-4 — obstructions in streets, re- moval at expense of of- fender. Ords., Art. 25, Sec. 73 981 — opening, closing, etc., streets; removal of. i Acts, Sec. 189 201 — penalties for dangerous, etc., substances and ob- struction of streets. Ords., Art. 25, Sec. 72 981 Page OBSTRUCTIONS.— ( Cont ’ d ) . Streets — Obstructions and Encroachments. — (Cont’d). — privileges of builders in streets, conditions of. Ords., Art. 25, Sec. 74 982 — removal of garbage boxes. Ords., Art. 25, Sec. 70 980 — safet}’^ regulations for. Ords., Art. 35, Sec. 112 1134-1135 — salt, use in melting ice or snow prohibited; penalty. Ords., Art. 25, Sec. 77 984 — sidewalks and gutters to be kept unobstructed. Ords., Art. 25, Sec. 71 980-81 — snow, removal of, from footways, time limit for, penalty; notice. Ords., Art. 25, Sec. 76 ' 983-4 — vehicles, not to obstruct. (See ‘ ‘ Vehicles. ’ ’ ) vehicl es — obstruction s . See ‘ ‘ Vehicles. ’ ’ OFFENCES, See ‘ '‘Fines, Penalties and Forfeitures-," Justices of the Peace' ’ and ‘ ‘ Vagrants and Disorderly Persons." OFFENDERS, See "‘Oranges, Lemons and Limes." OFFENDERS, ADULT AND JUVENILE, exempted from provisions of Secs., 104 to 116 inclusive. Acts, Sec. 117 162 OFFENSIVE fluids in .streets — police regu- lations; penalty. Ords., Art. 25, Secs. 52-53 975 privies — cleaning of; penalty for neglect. Ords., Art. 14, Sec. 143 841 trades — regulation of. Acts, Sec. 6 53 OFFICE HOURS. OPENING STREETS. 1516 Page OFFICE HOURS, See under heads of various municipal officials. Comptroller and City Regis- ter. Ords., Art. 6, Sec. 30.... 709 note 708-709 Keepers of Standards of Weights and Measures. Ords., Art. 17, Sec. 5.... 877 OILS AND FLUID ILLUMI- NANTS, See ''‘Fire Regulations''’ and various sub-titles under ‘ 'Lamps and Lighting' ' and "Licenses." inspection and standard of. Acts, Sec. 6 51 licenses for sale of. Ords., Art. 41, Sec. 26.. 1205 manufacture of. — permit for, application for, penalty. Ords., Art. 11, Sec. 84 765-6 penalty for sale of; without licenses. Ords., Art. 41, Sec. 27....1205 OILS AND FLUID ILLUMI- NANTS, storage of. Acts, Sec. 6 50 — buildings for. Ords., Art. 11, Sec. 85.... 766 OILS AND GAS, ILLUMI- NATING, inspection of, {^See "Lamps and Lighting" sub-title ‘ ‘ A ssistant Superintendent of") Ords., Art. 20, Secs. 24- 30.; 901-903 OMITTED PROPERTY, See "Assessment of Prop- erty. ' ' Acts, Sec. 171 188 OMNIBUSES IN STREETS, ETC. See "Vehicles." Page OPENING, CLOSING, ETC., STREETS, See "City Collector;" "City Register;" "City Solicit- or;' ' ' ' Commissioners for Opening Streets;" "Con- demnation of Property;' ' "Streets and City Engi- neer' ' and ' 'Streets, Bridges and Highways. ' ' annex — opening, etc., streets in. Acts, Sec. §841c 532 Acts, Sec. 3, 42 authority for, by ordinance. Acts, Sec. 175 191 Burnt District Commission, powers of. App. A, Sec. 2 1236-1237 Cathedral Cemetery. Acts, Sec. 6 82 Commissioners for — (^See "Commissioners for ()pening Streets. ") Acts, Sec. 173 190 Commissioners for Opening Streets; duties in annex. note 1117-1118 condemnation of property for. Acts, Sec. 6 72 Condemnation Proceedings, — powers of city relating to. Acts, Sec. 6 72 — appeals from assessments. Acts, Sec. 6 72 — assessments of damages and benefits. Acts, Sec. 6 72 —Commissioners for Opening Streets. Acts, Sec. 6 72 — Collector of Assessments. Acts, Sec. 6 72 — damages and benefits. Acts, Sec 6 72 — jury trials. Acts, Sec 6 73 — infancy, etc. Acts, Sec. 6 73 — interest acquired. Acts, Sec. 6 73 — rents and revenue. Acts, Sec. 6 73 OPENING streets. Page OPENING, CLOSING, ETC., STREETS.— (Cont’d). damages and benefits assessed to same person. Acts, Sec. 174 190 damages, assignment of. Acts, Sec. 174 190 general powers. Acts, Sec. 6 72-73 gifts — of property for streets. Acts, Sec. 193 202 — of street beds, to become public highways. Acts, Sec. 194 202 ground rent interests, con- demnation of. Acts, Sec. 188 201 Jones’ Falls, exemption from, provisions for. Acts, Sec. 600 359 leasehold interests, condem- nation of. Acts, Sec. 188 201 loan of $5,000,000 for. Acts, Sec. 824 506-507 North Avenue. Acts, Sec. 838 527-528 per diem of commissioners and clerk. Acts, Sec. 190 201 petitioners to give location of their property. Acts, Sec. 195 203 procedure of Commissioners for. Acts, Sec. 175 191 — where portion only of lot taken. Acts, Sec. 176 192 | time limit for payment of j benefits assessed. Acts, vSec. 182 199 title to property acquired for streets, etc. ' Ords., Art. 5, Secs. 2-3.. 695 ^ 696 ; void ordinance for, effect of. i Acts, Sec. 180 .' 198 1 1517 ORDER OF SATISFACTION. Page OPENING OF PRIVIES, permits for, penalty in abs- ence of permit. Ords., Art. 14, Sec. 144.. 841 OPENING, ETC., SEWERS, See ''‘Sewers.'" condemnation of property in. Ords., Art. 33, Secs. 6- 8 : 1062-1066 OPENING STREET SUR- FACE, See ‘ '‘Streets and C i ty Engineer'' ' and ‘ ‘ Water. ’ ’ Acts, Sec. 6 79 decisions relating to. foot-note 79 powers of Water Board re- lating to. Ords., Art. 40, Sec. 23....1184 1185 safety regulations for. Ords., Art. 35, Sec. 112.1134 1135 OPERATION AND EFFECT OF, See ''‘Code." City Charter. Acts, Secs. 2-4 564, 566 OPINIONS, See '*City Solicitor." in Circuit Courts, of city. Acts, Sec. 324 274 ORANGES, LEMONS, LIMES. licenses for sale of, penalty. Ords.. Art. 41, vSec. 47....1214 — sales under restricted to one person, penalty. Ords., Art. 41, Sec. 48..1214 1215 notice to offenders to be given, proviso. Ords., Art. 41, Sec. 49..1215 ordaining phrase. See "City Council." ORDER OF ASSIGNMENT, See ' ' Mortgages . ’ ’ ORDER OF SATISFACTION, See ' 'Mortgages . ’ ’ ORDINANCE 41. ORDINANCES. 1518 ORDINANCES AND RESOLUTIONS.— (Cont’d) . Page ORDINANCE 41, MAY 9, 1889, Charter not to affect. Acts, Sec. 6 82 ORDINANCE OF ESTI- MATES, See '"Board of Estimates.'’’ Acts, Sec. 36 114 City Council, its powers re- lating to. Acts, Sec, 36 115 Department of Legislative Reference, expenses of. Acts, Sec. 208C 211 interest on city stock. Ords., Art. 34, Sec. 9....1079 park expenditures to be in- cluded in. Acts, Sec. 97 151 Paving Commission, annual appropriation for, in. Acts, Sec. §841p 542 portable school buildings, appropriations for. Ords., Art. 32, Sec. 6. ...1045 salaries of municipal officials fixed by. Acts, Sec. 36A 117 ORDINANCES AND RES- OLUTIONS, See ‘ ‘ City Council" and ‘ "Mayor. ’ ’ advertisement of, to be cer- tified by publisher and cer- tificate to be attached to ordinance or resolution. Ords., Art. 1, Sec. 30, 580-581 amendment, re-enactment, etc., not to be by 'mere ref- erence to title. Acts, Sec. 221 218 appropriations, approval of particular items of by Mayor. Acts, Sec. 23, 103 approval of by Mayor. Acts, Sec. 23, 102 binding, labelling and index- ing of engrossed copies. Ords., Art. 1, Sec. 24, 578 Burnt District Commission, powers granted to under. App. A. Sec. 3, 1237 certificate of clerk showing regularity of passage, be- fore same shall be sub- mitted to Mayor for his ap- proval. Ords., Art. 1, Sec. 30,.... 580 City Council, power to pass. Acts, Sec. 218 215 Code, ordinances, etc. , includ- ed in. Ords., Sec. 2 1230 effect of code on, temporary. Ords., Sec. 2 1230 engrossed before third read- ing. Acts, Sec. 221 219 engrossing of. Ords., Art. 1, Sec. 23,.... 578 evidence, printed volumes. Acts, Sec. 219 216 grading, paving, etc., under special ordinances. Ords., Art. 35, Secs. 89 90 1125 legal sufficiencv and form. Ords., Art'. 35, Sec. 89,..1125 Mayor to enforce. Acts, Sec. 22 102 not to conflict with powers of Board of Police Commis- sioners. Acts, Sec. 6 65 notice of application of passage of relating to sewers. Acts, Sec. 821 506 — before acting under in case of sewers. Acts, Sec. 822 506 ordaining phrase. Acts, Sec. 220 217 ORDINANCES. ORDINANCES. 1519 Page ORDINANCES AND RESOLUTIONS.— (Cont’d). printing, binding, etc. Ords., Art. 29, Sec. 10, 1010 readings of in each branch, proviso. Acts, Sec. 221 218 reconsideration of. Acts, Sec. 23 102-103 sewers, construction, open- ing, etc., of, power to pass necessary ordinances. Acts, Sec. 818 505 subject of to be described in title. Acts, Sec. 221 218 veto by Mayor, effect of. Acts-, Sec. 23 102 vote necessary to pass. Acts, Sec. 221 217 when to become law without Mayor’s signature. Acts, Sec. 23 102-103 ORDINANCES RELATING TO STEAM RAILROADS, Baltimore and Ohio Rail- road Co. 1031-1032 Baltimore Belt Railroad Co. 1032 Baltimore and Port De- posit Railroad Co. 1034 Baltimore and Potomac Railroad Co. 1034 Baltimore and Susquehan- na Railroad Co. 1033-1034 Maryland and Pennsyl- vania Railroad Co. 1033 Md. Del. & Virginia R. R. Co. 1033 Northern Central Railway Co. .1033 Philadelphia Baltimore and Washington Railroad Co. 1034 Page ORDINANCES RELATING TO STEAM R. R.— (Cont’d). Philadelphia, Wilmington & Baltimore Railroad Co. 1034 Union Railroad Co. 1034 Western Maryland Rail- road Co. 1035 Western Marjdand Tide- water Railroad Co. 1035 Western Mar}dand Rail- road Terminal Co. 1035 ORDINANCES RELATING TO STREET RAILWAYS, Baltimore Terminal Co. 1035 Maryland Electric Rail- way Co. 1035 United Railways and Elec- tric Co. 1035-1039 — Baltimore and Hall Springs Passenger Rail- way Co. 1036 — Baltimore and Harford Turnpike Road Co. 1036 — Baltimore and Herring Run Railroad Co. 1036 — Baltimore and Northern Electric Railway Co. 1036 — Baltimore and Powhatan Railway Co. 1036 — Baltimore and Randalls- town Horse Railway Co. 1036 — Baltimore and Yorktown Turnpike Railway Co. 1036 — Baltimore, Canton and Point Breeze Railway Co. 1036 — Baltimore Catonsville and Ellicott’s Mills Passen- ger Railway Co. 1036 ORDINANCES. OWNERS. 1520 Page ORDINANCES RELATING TO STREET RAIUWS.— (Cont’d). — Baltimore City Passenger Railway Co. 1037 —Baltimore Consolidated Railway Co. 1037 — Baltimore, Halethorpe and St. Denis Railway Co. 1037 — Baltimore, Highlandtown and Riverview Railway Co. 1037 — Baltimore, Peabod\* Heights and Waverly Railroad Co. 1037 — Baltimore, Pimlico and Pikesville Railway Co. 1037 -Baltimore Traction Co. ..1037 -Baltimore Union passenger Railway Co. ..1038 — Central Cross Town Line. . 10o8 — Central Railway Com- pany. 1038 -Citizen’s Railway Co. ..1038 -City and Suburban Rail- way Co. . 1038 -Columbia and Maryland Railway Co. ..1038 — Edmondson Avenue, Ca- tonsville and E 1 1 i c o 1 1 City Electric Railway Co. ..1038 — Falls Road Electric Rail- way Co. ..1039 -Highlandtown and Point Breeze Railway Co. .1039 -Monumental City Passen- ger Railway Co. ..1039 — North Avenue Railway Co. Page ORDINANCES RELATING TO STREET RAIL’WS.— (Cont’d). — North Baltimore Passenger Railway Co. .1039 — Park Railway Co. 1039 — Patterson and Druid Hill Parks Railway Co. 1039 — Peoples Passenger Rail- way Co. 1039 — Peoples Railway Co. 1039 ORPHANS’ COURT, Acts, Secs. 352, 353, 381, 382 281, 291, 292 bailiff of, per diem of. Acts, Sec. 353 281 blind, recommendation of by judges. Acts, Sec. 397 296 per diem of judges of. Acts, Sec. 352 281 sessions of court. Acts, Sec. 352 281 ..1039 stenographer for, appoint- ment, duties and compensa- tion. Acts, Sec. 381 291-292 vagrant and disorderly mi- nors; concurrent jurisdic- tion with Criminal Court and Justices of the Peace. Acts, 877 557 ORPHANS ASYLUMN, water rates for. Ords., Art. 41, Secs. 58 61 1219 OWNERS, carriages, owners of; license numbers provided by. Ords., Art. 41, Sec. 79,. .1225 dogs, owners of; fee when claiming seized dog. Ords., Art. 41, Sec. 23, 1204 property owners. — agreement with, vendors from vehicles. Ords., Art. 4, Sec. 35,.. 692 OWNERS. 1521 PARK COMMISSIONERS. Pas^e OWNERS.— (Cont’d). — bowling alleys, etc., assent of, necessary. Ords., Art. 41, Sec. 5, 1197 — connection with new Sew- erage System to be made by. Acts, Sec. §824g 516 vehicles, owners of. (See '‘‘‘Vehicles.''*) who may sign application for grading, paving, etc., a«. Ords., Art. 35, Sec. 57, 1111 whom considered owners in opening, etc., streets, etc. Acts, Sec. 830 524 OYSTER AND CLAM SHELLS, See '‘‘‘Health." Ords., Art. 14, Sec. 119 832-833 OYSTERS, fees for measuring, buyer and seller to pay. Acts, vSec. 735 443 hawking or peddling regulat- ed. Ords., Art. 14, vSec. 64, 816 licensed measurer. Acts, Sec. 735 443 oath of measurer. Acts, Sec. 735 443 packers and dealers, deposit of oyster shells by. Ords., Art. 14, ,Sec. 119, 833 penalty for sales without measurement. Acts, Sec. 735 443 PACKERS AND BUTCHERS, keeping of hogs. Ords., Art. 14, vSec. 198, 865-866 PAPER BOOK, of evidence or brief, not required. Acts, Sec. 301 261 Page PARADES IN STREETS, application for permit for, unlawful without permit, penalty. Ord., Art. 25, Sec. 109..., 995 bands, drum corps, etc., permit for parades of after six P. M., penaltv. Ords., Art. 25,' Sec. 110.. 995 note 994 political or other, unlawful without permit, transparen- cies prohibited, penaltv. Ords., Art. 25, Sec.'l08._ 994 PARENTAL SCHOOL, See "Schools." Ords., Art. 32, Secs. 23- 27.. 1051-52 PARK AVENUE, agreement relating to paving in. Ords., Art. 24, Sec. 3.... 955 dirt, ice, sand, snow, not to be deposited on space formed by Liberty and Fayette streets and. Ords., Art. 25, Sec. 38.... 971 improvement and mainte- nance of square in. Ords., Art. 24, Sec. 4 955 PARK COMMISSIONERS, BOARD OF, automobiles in parks and squares. Acts, vSec. 93 149 conservators of peace; Board to have power of. Acts, Sec. 94 150 fines — Board may impose to preserve peace. Acts, vSec. 92 149 juri.sdiction and powers. Acts, Secs. 91-97 149-51 maintenance of parks, to employ labor therefor. Acts, vSec. 97 151 night w'atchmen to be em- ployed by, authority of. Acts, vSec. 98 151 PARK COMMISSIONERS. 1522 PARKS AND SQUARES. Page PARK COMMISSIONERS, BOARD OF. -(Cont’d). park fund, control of limited. Acts, Sec. 97 151 police in parks, control of. Acts, Sec. 95 150 powers and jurisdiction in relation to park system. Acts, Sec. 6 64 Acts, Sec. 91 149 rights vested in, defined. Acts, Sec. 6 63 rules governing parks, power to make. Acts, Sec. 92 149 secretary, salaries, duties. Acts, Sec. 90 148 speed of vehicles in parks. Acts, Sec. 93 149 term of office. Acts, Sec. 90 148 zoological collections in parks. Acts, Sec. 96 150 PARK FUND, Board of Park Commissioners to control. Acts, Sec. 97 151 PARK IMPROVEMENT LOAN, See ‘ '‘Parks and Squares. ’ ’ PARK POLICE, See Police Commissioners." PARK TAX, accounts and books of railway companies; examination of. Acts, Sec. 798 492-93 car fare registers; examina- tion of. Acts, Sec. 798 492-93 certification of; fraud in, to be a misdemeanor; penalty. Acts, Sec. 800 493 collection of, penalties. Acts, Sec. 798 492-93 default in payment of. Acts, Sec. 799 Page PARK TAX.— (Cont’d). false certification of nine per cent. Acts, Sec. 800 493 gross receipts. Acts, Sec. 797 492 obstruction of; examination of accounts of railways. Acts, Sec. 798 492-93 Park Improvement Loan, interest on. Acts, Sec. §736e 447 penalty for default in pay- ment. Acts, Sec. 799 493 — for false certification of tax. Acts, Sec. 800 493 street railways in annex — modification of tax pay- able by such railways; Board of Estimates to assent in ordinance grant- ing modification of tax. Acts, Sec. §800a ... 494-95 — scale of modifications; period during which modi- fications are effective. Acts, Sec. §800a 495 PARKS AND SQUARES, bonds for purchase of land for. Acts, Sec. 739 444 buildings on Mt. Vernon Place, height of. Acts, Sec. §739a 444 certificates of stock; Board of Park Commissioners to re- ceive. Acts, Sec. 737 444 condemnation of property for. Acts, Sec. 6 48-49 department of public — — composition of. Acts, Sec. 90 109 — Board of Park Commission- ers appointment, presi- dent. Acts, Sec. 90 148 free entrance tickets to zoo- logical collection. Acts, Sec. 736 443 493 PARKS AND SQUARES. 1523 PARKS AND SQUARES. Page PARKS & SQUARES.— (Cont’d). general powers. Acts, Sec. 6 63 heights of buildings on Mt. Vernon Place. Acts, Sec. §739a 445 ice and snow, removal of. Ords., Art. 36, Sec. l5...1145 interest on bonds, annual tax for. Acts, Sec. 739 444-45 loan for; issue of $5, 000,000 of city stock to improve. Acts, Sec. 824 506-7 Mt. Vernon Place — height of buildings on. Acts, Sec. §739a 445 — porticos in, regulated. Ords., Art. 24, Sec. 2 955 new’ parks in southw'est sec- tion. Acts, Sec. 739 444-5 order in, preservation of; Park Commis.sioners may impose fines, etc., to pre- serve. Acts, Sec. 92 149 ordinance, June 21, 1860. Acts, Sec. 6 63 Park Avenue — — agreement relating to pav- ing in. Ords., Art. 24, Sec. 3 955 — improvement and main- tenance of square in. Ords., Art. 24, Sec. 4 955 Park Improvement Loan. — acquisition of property. Acts, Sec. §739c 446 — Appeals to Baltimore City Court. Acts, Sec. §739c 446 —application of proceeds of. Acts, Sec. §739b 445-6 — approval of voters. Acts, Sec. §739b ...445-6 — condemnation of property. Acts, Sec. §739c 446-7 — expenditure of proceeds of. Acts, Sec. §739f 447 Page PARKS & SQUARES.— (Cont’d). — interest, rate of. Acts, Sec., §739b 445-6 — interest, payment of. Acts, Sec. §739e.... 447 — Municipality free from restrictions. Acts, Sec. §739d 447 — note 445 — notice to owners in con- demnations. Acts, Sec. §739c 446-7 — powers to acquire prop- erty. Acts, Sec. §739c 446-7 — restrictions, municipality exempt from. Acts, Sec. §739d 447 — stock issues for extension of park system. Acts, Sec. §739b 446-7 public conveyances in. Acts, Sec. 93 150 public view not to be ob- structed; penalty. Ords., Art. 24, Sec. 1.... 954 recovery and accounting of penalties. Ords., Art. 24, Sec. 5 .... 956 redemption of bonds for. Acts, Sec. 739 445 . resolution June 4, 1860. Acts, Sec. 6 63 rules and regulations for. Acts, Sec. 6 64 seal of Board of Park Com- missioners to certificates. Acts, Sec. 737 444 sinking fund. Acts, Sec. 739 445 speed of vehicles in. Acts, Sec. 93 149 subscription in aid of. Acts, Sec. 737 444 Washington Monument, height of buildings in vicin- itv of. ' Acts, Sec. §739a 445 zoological collection. Acts, Sec. 736 . 443 PAVEMENTS. PARTITION FENCES. 1524 Page PARTITION FENCES, See '"Buildings;"' sub-title ‘ "Fences." PARTNERS OF AUCTION- EERS, See ' " A uctioneers. ’ ’ designation in writing re- quired. Acts, Sec. 257 237 PARTY AFFILIATION, primary elections in city. App. C, Sec. 1 1273 registrations for primary elections for Mayor, etc. App. C, Sec. 2 1275 PARTY WALLS, See ""Buildings," PASSENGERS AT QUARAN- TINE HOSPITAL, maintained at expense of master. Ords., Art. 14, Sec. 171, 853-854 PASSENGER RAILWAYS, See ""Railroads and Rail- ways." PASSAGE-WAYS OR AISLES, See ""Buildings" and ""Fire Regulations . ’ ’ PASSENGER TRAIN STOPS, See " "Railroads and Rail- ways. ’ ’ PASTURAGE FOR COWS, acreage required; penalt}^ Ords., Art. 14, Sec. 35, 807 PATAPSCO RIVER AND TRIBUTARIES, pollution or obstruction of; penalt}- for. Acts, Sec. 6 51 Ords., Art. 13, Sec. 24.. 782 preservation of navigaiion of. Acts, Sec. 6 51 surveys and charts of. Acts, Sec. 6 51 Page PATENT BALANCES AND PLATFORM SCALES, See " "Inspections., Weights and Measures. ’ ’ inspection and stamping. Ords., Art. 17, Sec. 13.. 880 PATIENTS AT QUARANTINE HOSPITAL, charges for, how collected. Ords., Art. 14, Sec. 173, 855-856 PATROL WAGONS, See ""Police Commissioners." Police Commissioners to equip and maintain. Acts, Sec. 770 472 PAUPERS, See "" Charities-Supervisors of City. ’ ’ admission to almshouse in emergency. Acts, Sec. 108 160 disorderly, correction of. Acts, Sec. 112 160 employment, support, treat- ment in almshouse. Acts, Sec. 109 160 PAVED STREETS, permits for digging up. Ords., Art. 35, Sec. 105, 1131 PAVEMENTS, See " "Footways, ’ ’ and " "Streets and City Engineer." cobblestone prohibited. Ords., Art. 35, Sec. 77, 1120 improved pavements, pro- tection of; notice of contem- plated paving, contents of notice. Acts, Sec. 86B 145 — permits for tearing up. Acts, Sec. 86C 146 obstruction of, by goods being inspected, penalty. Ords., Art. 17, Sec. 3.... 876 PAVEMENTS. PAWNBROKERS. 1525 Page PAVEMENTS.— (Cont’d). selection by owners; when authorized. Ords., Art. 35, Sec. 61, 1112 washing of. Water Board may prohibit, penalty. Ords., Art. 41, Sec. 71, 1222 water stops to be marked in. Ords., Art. 40, Sec. 31. 1187 PAVING, GRADING, ETC., STREETS, See '‘'‘Grading, Paving, etc., Streets,"'' "Streets and City Engineer, ’ ’ a^id ‘ 'Streets, Bridges and Highways," sub-title "Paving Commis- sion. Acts, Sec. 6 74 Annex, streets in. "Streets, Bridges, and Highways," " Annex Im- provement Loan. ” ) ■ footways of. Ords., Art. 35, Sec. 31 102 commission and loans for. {See "Streets, Bridges and Highways."') markets, paving in. permits required; penalty. Ords., Art. 23, Secs. 53- 54 935 North Avenue. Acts. Sec. 8.38 527-8 Paving Streets, — C. & P. Telephone Co., to replace under supervision of City Engineer. Ords , Art. 9, vSec. 21 726 — collection of tax for re- pairs. Ords., Art. 35, vSec. 23... .1099 — levy by City Engineer for cost of repairs. Ords., Art. 35, Sec. 23.... 1099 — ^notice of di.stress for — for tax. Ords., Art. 35, vSec. 24....1099 — j)avment of contractor. Ords., Art. 35. vSec. 17. ...1096 Page PAVING, GRADING, ETC., STREETS.— (Cont’d). Paving Streets. — (Cont’d). — protection of new paving from street washing, etc., penalty. Ords., Art. 25, Sec. 116.. 996 — selection of materials for. Ords., Art. 35, Secs. 78- 80 1120, 1121 Tax For, — assessment to cover cost of paving, etc. Ords., Art. 35, Sec. 74....1119 — bills for, delivery of. Ords., Art. 38, Sec. 29.... 1166, 1167 — collection of by City Col- lector. Ords., Art. 35, Sec. 76....1120 PAWNBROKERS, See " Licenses''' s ub -title ‘ 'Pawnbrokers. ’ ’ Ords., Art. 41, Sec. 31....1207 advertisement of names of li- censed pawnbrokers. Ords., Art. 41, Sec. 35....1209 articles pawned; provisions relating to sale of. Ords., Art. 41, Sec. 32.... 1207, 1208 bonds of. Ords., Art. 41, Sec. 30.... 1206, 1207 hours of business ; place of business to be stated in li- censes. Ords., Art. 41, Sec. 29.. . 1206 information against. Ords., Art. 41, Sec. 35....1209 license for. Acts, Sec. 6 61 — cost of ; term of. Ords., Art. 41, Sec. 28.... 1205, 1206 — to whom denied ; annul- ment of. Ords., Art. 41, Sec. 36.. ..1209 rates of charges allowed. Ords., Art. 41, Sec. 33....1208 PAWNBROKERS. penaeties. 1526 Page P A WNBROKERS.— ( Cont ’ d ) . regulations for — violation of ; penalty. Ords., Art. 41, Sec. 37....1209 sale of pledges — provisions relating to sale, Ords., Art. 41, Sec. 32.... 1207, 1208 suits against. Ords., Art. 41, Sec. 34.... 1208, 1209 transactions with ; records of. Ords., Art. 41, Sec. 31... 1207 violation of provisions relat- ing to, penalty for. Ords., Art. 41, Sec. 37....1209 PAYMASTER OF STREET CLEANERS, See ''‘Commissioner of Street Cleaning. ’ ’ duties, bond. Ords., Art. 36, Sec. 16....1146 PAYMENT INTO COURT, damages for opening, etc., streets, when allowed. Acts, Sec. 827 521 PAY OF, Disabled Firemen, sickness, no deduction for. Ords., Art. 11. Sec. 9 739 Firemen, Ords., Art. 11, Sec. 3 736 Jurors, See '‘'Jurors." Acts, Sec. 621 373 PAYROLLS OF CITY, Comptroller to examine and approve. Ords., Art. 6, Sec. 4 700 PEABODY INSTITUTE, Art Commission — to appoint member of. Acts, Sec. 201 207 PEABODY INSTITUTE. — (Cont’d). ordinances and resolutions to receive copy of. Ords., Art. 1, Sec. 26 579 surrender to city of $500,000 of city stock in exchange for new stock of city to same amount to constitute fund of said institute. Acts, Sec. 816 503 PEABODY PRIZES, distribution of. Ords., Art. 32, Sec, 14.... 1047-8 PEARLAND PINE STREETS, market regulations for. Ords., Art. 23, Sec. 97.... 948 PEAS AND BEANS IN HULL, standard barrel for measure- ment of. Acts, Secs. 532-534....336-337 PECK AND BUSHEL MEAS- URES, dimensions, penalty. Ords., Art. 17, Sec. 9....878-9 PEDDLERS, license of. Acts, Sec. 6 61 permits to peddle — Mayor to grant. Acts, Sec. 6 65 PEDDLING OYSTERS, regulation of. Ords., Art. 14, Sec. 64.... 816 PENALTIES, See "Fines, Forfeitures and Penalties' ' and ' ' Vehicles ' Acts, Sec. 438 304 auctioneer and auction sales. {See ' 'A uctioneers . ' ' ) thieves and pickpockets at railway stations, ferry boats and other public places. Acts, Secs. 783, 784....484-486 PENSION FUNDS. PERMITS. 1527 Page PENSION FUNDS OF PO- LICE, See ''Special Police Fund.''’ PENS AND SCALES FOR CATTLE, Baltimore and Ohio Railroad pens and pens of State, driving cattle, etc., between. Ords., Art. 25. Sec. 23.... 966-7 PENSIONS, disabled firemen, and widow’s and children of firemen. Acts, Sec. 70 138 Fire Department, firemen and widows and children of. Acts, Sec. 445 307 PERCH, WHITE, See "Fish." PER DIEM, See' ' Commissioners for Open- ing Streets" and ' 'Sewers. ' ’ assessed as costs in sewer con- demnations. Ords., Art. 33, Sec. 19.. 1072 Jurors, See " Juror s.’’’’ Acts, Sec. 622 373 PERISHABLE AND MOV- ABLE CITY PROPERTY, See " Librarian Ords., Art. 21, Secs. 1-4, 904-06 PERISHABLE ARTICLES ON WHARVES, removal and sale of. Ords., Art. 13, Sec. 13.... 777 PERMITS, See' ' Advertisements y ’ ‘ 'Build- ings. ' ’ ‘ 'Health. ' ’ Inspector of Buildings'"' and "Streets and City Engineer." awning flaps, figures and structures; when permits are revocable. Ords., Art. 1, Sec. 13, 575-576 Page PERMITS.— (Cont’d). building. i^See "Buildings."') Ords., Art. 3, Sec. 5, ,....600-1 — bath rooms, bay windows, porches, etc. Ords., Art. 3, Secs. 13- 22 604-607 — grade line of streets to be established before same to be issued. Ords., Art. 35, Secs. 50-53 1108-1109 — required from Appeal Tax Court; penalty. Ords., Art. 38, Sec. 17, 1161-1162 Sec. 19, 1162 — taxes to be paid before Ap- peal Tax Court may issue. Acts, Sec. §280a 253 burial permits. Ords., Art, 14, Sec. 184. 860 cess-pools, draining of. Ords., Art. 14, Sec. 145.. 841 dead bodies, conveyance of. Ords., Art. 14, Sec. 187.. 861 digging up streets. {^See "Streets and City Engi- neer. ' ' ) Ords., Art. 35, Secs. 104- 109 1131-34 fireworks. — Mayor may grant. Ords., Art. 11, Sec. 57.. 756 keeping cows. Ords., Art. 14, Secs. 33- 37 806-808 manufacture of oils. — application for, publication of, penalty. Ords., Art. 11, Sec. 84.. 766 pavements, tearing up im- proved . Acts, Sec. 86C 146 peddling. {^See "Peddlers.") Acts, Sec. 6.... 65 PERMITS. PHYSICIANS. 1528 Page PERMITS.- (Cont’d). poles, etc. — Mayor may revoke permit and order removal of poles, etc. Art. 1, Sec. 13 575 — penalty for neglect of re- moval . Ords.,Art.l,Sec. 13.575-576 privies, opening of. Ord., Art. 14, Sec. 144, 841 revocation of by Mayor. Ords., Art. 1, Sec. 13, 575-576 sign-posts, signs ; when per- mits therefor revocable. Ords., Art. 1, Sec. 13, 575-576 street auctions ; Maj'or may issue permits for. Ords., Art. 2, Sec. 2 589 telegraph and other poles; when permits for revocable. Ords., Art. 1, Sec. 13, 575-576 water. — dwellings, use for power in . Ords., Art. 41, Sec. 54, 1218 PERSONAL PROPERTY, assessment of bv Appeal Tax Court. Acts, Sec. 158 179 ^exemptions from taxation. Ords., Art. 38, Secs. 7-9 1157-1159 To-wners moving into city to R've account of, to Appeal Tax Court. Acts, Sec. 158 179 Taxes on, when in arrear. Acts, Sec. 40 121 PERSONATING POLICEMEN SHERIFF, ETC. penalty for; to be a mis- demeanor. Acts, Sec. 785 .... Page PEST HOUSES, erection and regulation of. Acts, Sec. 6 54 PETIT JURY, See '‘'Jurors.'" PETITIONS, See ' 'Appeals;'''' "Appeal Tax Court "A ssessments ; ’ ’ ‘ ‘ Buildings ; ” “ Commis- sioners for Opening Streets' ' ' ' Condemnaiio7i of Prop- erty;' ' ' ‘ Courts;' ' ‘ ‘ Opening, etc., Streets;'' "Taxes." appeal from assessments. Acts, Sec. 170 184 PETROLEUM PRODUCTS, fixing standard of. Acts, Sec, 6 51 inspection of. Acts, Sec. 6 51 PETTY LARCENY. penalty for. Acts, Sec. 331 276 PIER OR BULKHEAD LINES, See "Harbor, Docks and Wharves.'' Acts, Sec. 6 51 PHOTOGRAPHS OF CITY, buildings, monuments, etc.. Librarian to have made. Ords., Art. 21, Sec. 8 .... 907 PHYSICIANS TO POLICE FORCE, See "Police Commissioners." PHYSICIANS, attending cases of communic- able diseases. App. B, Sec. 2 1265 births to be reported. Ords., Art. 14, Sec. 188.. 862 death certificates, attending physician to furnish. Ords., Art. 14, Sec. 181, 858-859 false statements by; penalty. App. B, Sec. 4 1267 486 PICKPOCKETS. PISTOES, TOY. Page 1529 Page PICKPOCKETS, See ‘ ‘ Thieves and Pick- pockets. ’ ’ PIANOS, band organs, etc., not to play after 10.30 p. m.. penalty. Ords., Art. 25, Sec. Ill, 995 PIAZZAS AND PORCHES, (^See '‘'Buildings.'''^ Ords., Art. 23, Secs. 13- 22 604-607 PICTORIAL COLLECTION, (^See '' Librarian showing history and growth of city. Ords., Art. 21, Secs. 6-9 907 — Librarian to collect and develop. Ords., Art. 21, Sec. 9.. 907 PIERS, See ‘ ' Harbor y Docks and Wharves. ’ ’ Ords., Art. 13, vSecs. 4- 5 773-774 PIPES, gas- use of streets by. Acts, Sec. 6 80 of Avater S3'stem — powers of Water Board to lay. Ords., Art. 40, Sec. 23... 1184 1185 — repair of by Water Board and private owners. Ords., Art. 40, Sec. 26..1186 PISTOLS AND FIREARMS, — address of purchaser, etc., seller to record. Ords., Art. 25, Sec. 80.. 985 defacing marks of identi- fication, penalty. ■ Ords., Art. 25, Sec. 82.. 986 discharging firearms on vessels, penalty, Ords., Art. 25, Sec. 83.... 986 discharging in city, pen- alty. Ords., Art. 25, Sec. 83.. . 986 firing off toy pistols, penalty. Ords., Art. 25, Sec. 85. .. 987 PISTOLS AND FIRE- ARMS.— (Cont’d). gifts or loans of, under same requirements as Ords., Art. 25, Sec. 79.... 985 identification, marks of. Ords., Art. 25, Sec. 79.... 985 inspection of register by Marshal of Police. Ords., Art. 25, Sec. 80.... 985 loans or gifts, same restric- tions as for sales. Ords , Art. 25, Sec. 79.... 985 mark of identification affixed when sold or loaned, etc. Ords., Art., 25, Sec. 79.. 985 — penalty for obliterating. Ords., Art. 25, Sec. 82.... 986 — seller, donor, etc., to record. Ords., 'Art. 25, Sec. 80.... 985 name and residence of purchaser, donee, etc., seller to record. Ords., Art. 25, Sec. 80 ... 985 obliterating mark of identi- fication, penalty for. Ords., Art. 25, Sec. 82 ... 986 penalties for violations of provisions. Ords., Art. 25, Sec. 81.... 986 regivSter of name of pur- chaser, mark of identi- fication, etc., seller to keep. Ords., Art. 25, Sec. 80.... 985 regulating sales of. Ords., Art. 25, Sec. 78.... 985 report of sales, seller to make monthly to Marshal of Police. Ords., Art. 25, Sec. 80.... 985 revolvers, regulating sales, gifts, etc., of. Ords., Art. 25, Sec. 78.... 985 sales of, regulating. Ords., Art. 25, Sec. 78.... 985 toy pistols, disposal of in any manner unlawful, penalty. Ords., Art. 25, Sec. 84 ... 987 — firing off, penalty. Ords., Art. 25, vSec. 85 ... 987 PISTOLS, TOY, See ''Pistols and Fiiearms.'^ PLACES OF BUSINESS, PLUMBING. 1530 Page PLACES OF BUSINESS, privies for each sex required. Ords., Art. 14, Sec. 158.. 845, 846 PLANS AND SP|ECIF1CA- TIONS, of buildings — filing with In- spector of Buildings. Ords., Art. 3, Sec. 6 602 PLASTER AND BUILDERS MATERIALS, See '‘''Buildings." streets, occupying with, po- lice regulations. Ords., Art. 25, Sec. 74... 982 PLATS AND MAPS, See ‘ ‘ Topographical Survey' ' op City. Ords., Art. 39, Secs. 1, 2, 1171, 1172 — copy certified by clerk of Superior Court to be evi- dence. Acts, Sec. 842 547 PLATS OF MARKETS, Comptroller to provide same for use of clerks. Ords., Art. 23, Sec. 25.... 927 PLAYGROUNDS FOR CHIL- DREN, See '''Health." Acts, Sec. §493a 321 Ords., Art. 14. Sec. 128.. 835, 836 PLEAS, declaration — filing of plea to. Acts, Sec. 309 264 time of filing, when extended. Acts, Sec. 312 266 to be sworn to. Acts, Sec. 312 265 when to be filed. Acts, Sec. 308 263 Page PLUMBING, See "Health" and "State Board of Commissioners of Practical Plumbing. ' ' Ords., Art. 14, Sec. 129.. 836 State Board of Commissioners of Practical. — application of fees. Acts, Sec. 513 327 — appointment of Board. Acts, Sec. 511 326 — certificate of competency. Acts, Sec. 511 327 — compensation, proviso. Acts, Sec. 514 328 — disposition of fees. Acts, Sec. 512 327 — duties. Acts, Sec. 511 327 — employing incompetents, penalty. Acts, Sec. 509 326 —examination fee. Acts, Sec. 512 327 — examination of applicants. Acts, Sec. 511 327 — expenses. Acts, Sec. 513 327 — fee for certificate, ex- amination and renewal. Acts, Sec. 512 327 — incompetents, penalt}’ for. Acts, Sec. 510 326 — majority of Board may act. Acts, Sec. 511 327 — oath of office. Acts, Sec. 514 328 — penalty for employing incompetents. Acts, Sec. 509 326 — per diem of Board. Acts, Sec. 514 328 — receipts, application of. Acts, Sec. 513..... 327 — register of plumbers. Acts, Sec. 511 327 — renewal of certificate. Acts, Sec. 512 327 — r e p o r t biennially to Governor. Acts, Sec. 515.. 328 — rules and regulations. Acts, Sec. 512 327 — selection of members. Acts, Sec. 511 327 — term of office. Acts, Sec. 514 328 POISONING DOGS. POLICE. Page 1531 Page POISONING DOGS, penalty for. drds., Art. 41, Sec. 25.... 1204, 1205 POLES, See ‘ 'Electrical Commission and Subways ' "Licenses;" "Permits''^ and "Fire De- pariment. ’ ’ Ords., Art. 41, Sec, 38. ...1210 exception of certain poles from license provisions. Ords., Art. 41, Sec. 43... .1213 fire alarm telegraph — injury to, penalt3^ Ords., Art. 11, Sec. 31.... 747-8 telegraph and telephone — li- censes for ; cost of ; poles exempt. Ords., Art. 41, Sec. 39 ... 1210, 1211 — list of. Ords., Art. 41, Sec. 38....1210 — to be filed by owners; penalty’. Ords., Art. 41, Sec. 42.... 1212, 1213 — notice to owners to furnish list of. Ords., Art. 41, Sec. 38....1210 — penalties for failure to comply with provisions of code. Ords., Art. 41, Sec. 42.... 1212, 1213 — furnish list. Ords., Art. 41 Sec. 38....1210 — permits for planting. Ords., Art. 35, Secs. 105- 106 : 1132,1133 — tin plates for ; record of plates and licenses. Ords., Art. 41, Sec. 39.... 1210, 1211 POLES AND WIRES, use of streets bv. Acts, Sec.'6 79-80 POLICE, appropriations— for disabled and superannuated police- men. Acts, Sec. 6 64 — for widows and children of policemen. Acts, Sec. 6 POLICE.— (Cont’d). building permits. — exhibit permit, penalty for refusal when requested by police. Ords., Art. 25, Sec. 7 963 — officers to inquire of per- sons building, for permits. Ords., Art. 25, Sec. 8 963 exits and egress from build- ing ; nightly examination of by police. Acts, Sec. 280 252 ferries, officers pass free when on duty. Acts, Sec. 437 304 fire regulations. — amusement halls, ai.sles of to be kept clear, exits to be opened. Ords., Art. 25, Sec. 35.... 970 — fire shutters and doors, arrangement and closing of. Ords., Art. 25, Sec. 32.... 969 — smoking meats, prohibit- ed, except in special buildings. Ords., Art. 25, Sec. 33.... 969 — stairways, explosives, etc., under and obstruction of, prohibited . Ords., Art. 25, Sec. 34.... 969-70 gaming ; to give information to Mayor. Ords., Art. 12, Sec. 4 768, 769 House of Good Shepherd, Marshal to visit and inspect. Acts, Sec. 518 332 Justices of the Peace; bail, discretion in felonies and misdemeanors. Acts, Sec. §278h 249 — forfeiture of, before. Acts, Sec. §278k 249 — recognizances ; delivery of to clerk of Criminal Court. Acts, Sec. §278j 249 lamps, to report when broken to Superintendent of Lamps and Lighting. Ords., Art. 20, Sec. 23.... 900 64 POLICE. 1532 POLICE COMMISSIONERS. Page POLICE.— (Cont’d). magistrates. (See ‘ 'Justices of the Peace. ’ ’ ) markets — officers to preserve order in. Ords., Art. 23, Sec. 26.... 927, 928 marshal . (See" Police Commissioners. ’ ’) night watchmen in parks, power of. Acts, Sec. 98 151 officers — city not to pay fees to. Acts, Sec. 639 383 park regulations for policing — Board of Park Commis- sioners, powers of. Acts, Sec. 92 149 patrol telegraph — wires of, in conduits of C. & P. Tele- phone Co. Ords., Art. 11, Sec. 35.... 749 powers — general powers. Acts, Sec. 6 64^ — ordinances not to conflict with powers of Board of Police. Acts, Sec. 6 65 — power to preserve order, etc. Acts, Sec. 6 64 service of criminal process. Acts, Sec. 640 384 suppression of gaming ; pro- cedure ; penalty for resist- ing police. Ords., Art. 12, Sec. 4 769 vaccine physician of ward to attend. Ords., Art. 14, Sec.9 798,799 warrants, writs, subpoenas, etc., officers of police, po- licemen and detectives to serve. Acts, Sec. 640 Page POLICE COMMISSIONERS, See ‘ 'Special Police Fund. ’ ’ account of Treasurer. Acts, Sec. 752 464 annual levy for expenses. Acts, Sec. 747 459 appointees by Board to be selected or rejected without regard for religious or po- litical considerations. Acts, Sec. 740 449 appointments to police force — only those on graded lists of Police Examiners to be eligible. Acts, Sec. 745F 458 arrests — immediate examina- tion after arrest ; females and male children under 14. Acts, Sec. 760 469 Assistant Secretary ; appoint- ment of and salary. Acts, Sec. 743 450 badges of newspaper repre- sentatives, control of. Ords., Art. 25, Sec. 63 ... 978 bills, accounts and vouchers to be examined by Comp- troller. Acts, Sec. 751 464 Board of, appointment, quali- fications. Acts, Sec. 740 448 bond of; approval of bond, record of. Acts, Sec. 740 448 — may be required of mem- bers of force. Acts, Sec. 749 462 — Treasurer, bond of. Acts, Sec. 752 464 certificates of indebtedness to be issued to meet any deficit incurred in conduct of de- partment. Acts, Sec. 747 460 charges against members of police force, must be in writing, notice of trial to be given. Acts, Sec. 745F 458 384 POLICE COMMISSIONERS. 1533 POLICE COMMISSIONERS. Page POLICE COMMISSIONERS. — (Cont’d). coal law — enforcement of. Acts, Sec. 539A 339 Commissioner of Health, police to execute orders of. Ords., Art. 25, Sec. 36... .970 concealed weapons — carrying same with intent to injure any person, penal- ty, effect of act. Acts, Sec. 762 469-470 — penalty for carrying, pro- viso relating to conserva- tors of the peace. Acts, Sec. 761 469 cost collected by station-house justices, application of. Acts, Sec. 646 386 crimes or misdemeanors, pen- alty. Acts, Sec. 761 469 detail police to parks and squares. Acts, Sec. 95 150 discipline of members of force. Board may dismiss or otherwise punish infrac- tions of its rules and regu- lations. Acts, Sec. 749 462 Page POLICE COMMISSIONERS. — (Cont’d). extra compensation to police prohibited, application of funds received by police, police fund, penalty for violations. Acts, Sec. 750 462 families of men on police force, relief of. Acts, Sec. 749 462 fire alarm and police tele- graph and other police prop- erty to be used by board. Acts, Sec. 754 465 funds for operation of Police Department, powers of Board defined, proviso. Acts, Sec. 747 460 gratuities and monies paid police to be turned over to police fund. Acts, Sec. 750 462-463 House of Good Shepherd, President of Board to visit and inspect. Acts, Sec. 518 332 leave of absence with pay — duration of leave to be un- affected by enforced ab- sence or sickness. Acts, Sec. 763 470 display of insignia or emblems of police or sheriff un- authorized, penalty. Acts, Sec. 785 486 duties of the Board — to be conservators of the public peace, to police fires, to protect property and strangers, to enforce laws and ordinances, to prevent breaches of peace, to appre- hend criminals, to enforce powers and duties imposed by this Article. Acts, Sec. 744 451-452 drunk or disorderly persons, penalty. Acts, Sec. 761 469 expenses annual estimate. Acts, Sec. 747 459 Long Bridge. — arrest on or under said bridge. Acts, Sec. 781 484 — authority, duties and jur- isdiction relating to. Acts, Sec. 781 484 liquor, sales under permits from. {See "‘Licenses," Liquor Licenses . ) Marshal — clerk, appoint- UlCllL, UUllU, 5>iuai V Ul. Acts, Sec. 746 458-459 — to inspect accounts of pawnbrokers. Acts, Sec. 692 422-423 matrons at station-houses. — appointment of matrons and superintendent of matrons. Acts, Sec. 765 470-471 POLICE COMMISSIONERS. 1534 POLICE COMMISSIONERS. POLICE COMMISSIONERS. — (Cont’d). — duties o f matrons and superintendent of ma- trons. Acts, Sec. 767 471 — recommendations for ap- pointment. Acts, Sec. 766.. 471 — rooms for at station- houses. Acts, Sec. 765 470-471 — salaries of matrons and superintendent of ma- trons. Acts. Sec. 768 472 — substitute matrons. Acts, Sec. 765 470-471 — term of service four years; removal of, substitute matrons. Acts, Sec. 766 471 Mayor and City Council of Baltimore- -its liability or responsibility unimpaired by this Act; to have no con- trol over Board or mem- bers of Police Department. Acts, Sec. 759 468 militia — command of when called out by Board of Po- lice Commissioners or Sheriff. Acts, Sec. 769 472 — when Board may call out same; military force to obey orders of Board; penalty for refusal. Acts, Sec. 748 461 minutes of Board; to be open to inspection. Acts, Sec. 741 449 misconduct, removal for. Acts, Sec. 740 448 nominations for police;graded list must contain name of nominee. Acts, Sec. 745F 458 oath of Board and record of same by Clerk of Superior Court. Acts, Sec. 740 448-449 old Board of Police Commis- sioners; present Board to succeed to its rights, prop- erty and effects. Acts, Sec. 754 465 POLICE COMMISSIONERS. — (Cont’d). officers of Board; selection of president. Acts, Sec. 741 449' ordinances not to conflict with powers of. Acts, Sec. 6 65 park policemen — to be de- tailed on request of Board of Park Commissioners; powers of such policemen. Acts, Sec. 758 467-468 patrol wagons; Board to main- tain. Acts, Sec. 770 472 personating policemen; pen- alty. Acts, Sec. 785 486 physicians to police force; appointment; qualifications; chief physician. Acts, Sec. 771 473 — duties. Acts, Sec. 772 473 — salaries of chief physician and his assistants; tenure of office. Acts, Sec. 773 473-474 Police Examiners; {See under ‘ "Police Examiners^ ’ ’ post ) police force; composition of force; officers and men. Acts, Sec. 745 453 — to be enrolled, armed and equipped. Acts, Sec. 745 452,453,454 — not to perform other work or duties; purpose of this prohibition . Acts, Sec. §759a 468 — to hold positions during good behavior; removable for cause only. Acts, Sec. 745F 458 — to be instructed to inquire for building permits. Ords., Art. 25, Sec. 8 .... 963 — to report saloonkeepers violating orders of Board. Acts, Sec. 753 465 police patrol boat — appoint- ment of officers for; rank and pay of. Acts, Sec. 778 483 POLICE COMMISSIONERS. 1535 POLICE COMMISSIONERS. Page POLICE COMMISSIONERS. — (Cont’d). police tax, — levy of. Acts, Sec. 747 459 poll-books; election returns; printing of same — secretary to perform clerical duties relating thereto. Acts, Sec. 742 450 posse comitatus , — sheriff may summon. Acts, Sec. 748 461 power to hold other office. Acts, Sec. 740 448 President of Board of, to be member of Board of Safety. Acts, Sec. 68 137 probation officers; appoint- ment, tenure of office and pay of additional probation officers. Acts, Sec. 764 470 proceedings to be recorded by Secretary of Board, Acts, Sec. 751 463 p r o p e r t y — and effects of Board, -secretary to keep account of. Acts, Sec. 742 450 — seized or found, to be re- ported by police ; penal- ty for failure to account for and surrender such property ; Secretary to have custody of such property . Acts, Sec. 755 466 — to be held and used by the Board. Acts, Sec. 754 465 proviso defining and limiting effect of provisions of City Charter. Acts, Sec. 745 454 races — detail of police at race tracks. Acts. Sec. 774 474 -record of proceeding ; duty of Secretary ; General Assem- bly, Mayor and City Regis- ter may inspect same. Acts, Sec. 751 Page POLICE COMMISSIONERS. — (Cont’d). registration of voters — detail of police at registration of- fices. Acts, Sec. 775 474 release of prisoners — police not to release prisoners ex- cept on proper authority. Acts, Sec. 757 467 report of proceedings to Gen- eral Assembly; inspection of record by General Assem- bly. Acts, Sec. 751 463 requisitions on Comptroller for funds necessary to con- duct department. Acts, Sec. 747 .....459, 460 retired policemen, etc., ser- vices required of them ; penalties Board may impose if retired member is leading an immoral life. Acts, Sec. 756 467 retirement of members of po- lice force ; powers of Board relating to ; pre-requisites for such retirement, service and disability, certificate of disability. Acts, Sec. 756 466, 467 rewards for gallantry by nlem- bers of force. Acts, Sec. 750 463 rules and regulations of. Acts. Sec. 749 462 — offenders to be punished. Acts, Sec. 749 462 salaries of — pay able quarterly. Acts, Sec. 740 448 — of officers and men. Acts, Sec. 745 453, 454 saloons may be closed by Board to preserve peace ; penalty for failure of pro- prietors to close ; proprie- tors to be reported to Grand Jury by police. Acts, Sec. 753 464, 465 Secretary to Board — duties ; bond ; salary. Acts, Sec. 742. 463 450 POLICE EXAMINERS. POLICE COMMISSIONERS. 1536 POLICE COMMISSIONERS. — (Cont’d). — to take charge of property seized by police. Acts, Sec. 742 450 special fund. (See under "Special Police Fund.") Sheriff, duties relating to preservations of peace; posse coniitatus. Acts, v®ec. 748 461 station-house justices — ap- pointment of substitutes. Acts, Sec. 637 382 station houses in annex. — cost of to be paid out of special fund. Acts, Sec. 788 487 — erection of. Acts, Sec. 786 487 — ground for — acquisition of. Acts, Sec. 786 487 — cost of. Acts, Sec. 788 487 — title to. Acts, Sec. 787 487 succession in office of. Acts, Sec. 740 448 supreme control of conserva- tors of peace to be vested in Board ; penalty for diso- bedience of its orders. Acts, Sec. 748 461 term of office of. Acts, Sec. 740 448 Treasurer of Board ; bond ; semi-annual account of; Board to examine account and certify thereto; account to be filed in office of Sec- retary of State. Acts, Sec. 752 464 vacancies in Board ; appoint- ment of successor ; proviso. Acts, Sec. 741 449, 450 — police force; how filled. Acts, Sec. 749 462 votes in relation to appoint- ments, promotions, con- tracts, etc.; recording of votes. Acts, Sec. 741 449 Page POLICE EXAMINERS, accomodations for; office and stationery of Board; seal of Board. Acts, Sec. 745C 455 applicants for examination — information to be given by applicant in sworn state- ment of application. Acts, Sec. 745E 457 — when examination may be refused; disabilities enu- merated. Acts, Sec. 745K 457 Board of Police Examiners — appointment and composi- tion of Board. Acts, Sec. 745A 454 candidates for appointment — Board to report names of candidates to Board of Police Commissioners. Acts, Sec. 745D 456 certificate of character to be filed by applicant. Acts, Sec. 745E 457 competitive examinations of candidates for appointment or promotion to be held; character of examinations. Acts, Sec. 745D 456 graded lists — no nomination of police officer, etc., to be confirmed by Police Com- missioners unlesson graded list. Acts, Sec. 745E 458 — of candidates to be open to public inspection. Acts, Sec. 745D 456 — of qualified candidates. Acts, Sec. 745D 456 oath to be taken; recording of oath. Acts, Sec. 745A 455 officers of Board; secretary; salary of secretary. Acts, Sec. 745B 455 qualifications of. Acts, Sec. 745 A 454 rules and regulations of. Acts, Sec. 745D 456 POLICE EXAMINERS. 1537 POLICE regulations. Page POLICE EXAMINERS.— (Cont’d) . salary and terms of office; oath. Acts, Sec. 745A 454 Secretary of Board; salary and duties. Acts, Sec. 745B 455 POLICE AND FIRE ALARM TELEGRAPH, See Police Commissioenrs P POLICE FORCE, See '‘'Police Commissioners. POLICE FUNDS, See ‘ 'Special Police Fund. ’ ’ POLICEMEN, See "Coal.'’' POLICE REGULATIONS, See ' 'Pistols and Fifearmsp ’ ‘ 'Policed * ' 'Police Commis- sioners" and "Vehicles." application for permit to pa- rade. Ords., Art. 25, Sec. 109.. 995 ashes and sand not to deposit on streets, penalty, proviso. Ords., Art. 25. Sec. 37.. 971 ball or bandy playing, or throwing stones in streets unlawful, penalty. Ords., Art. 25, Sec. 87.. 987 bands, drum corps, etc., pa- rades of, permit, not to so- licit money, penalty. Ords., Art. 25, Sec. 110.. 995 barrels, boxes, etc. , in streets, how placed, Ords., Art. 25, Sec. 68.. 979 Battle and Washington Mon- umepts, injuring or de- facing, penalty. Ords., Art. 25, Sec. 61.. 977 bicycles, lamps on, penalty. Ords., Art. 25, Sec. 88.. 988 POLICE REGULATIONS. — (Cont’d). billiard tables and bowling alleys. — closing hours for bowling alleys. Ords., Art. 25, Sec. 3.. 962 — games that are unlawful. Ords., Art. 25, Sec. 1.. 961 . — hours for closing bowling alleys, penalty. Ords., Art. 25, Sec. 3.... 962 — minors not to play bil- liards, penalty. Ords., Art. 25, Sec. 2.. 961 — not to bowl, penalty. Ords., Art. 25, Sec. 4.... 962 — penalty for permitting minors to play billiards and pool. Ords., Art. 25, Sec. 2.. 961 — to bowl. Ords., Art. 25, Sec. 4.. 962 birds. — boxes for, penalty for in- jury to. Ords., Art. 25, Sec. 5.. 962 — injury to insectivorous birds, penalty. Ords., Art. 25, Sec. 5.. 962 blowing whistles — — hours when prohibited, penalty, exception of steamboats. Ords., Art. 25, Sec. 6..962-3 builders ’materials and enclos- ures in streets, conditions of privilege. Ords., Art. 25, Sec. 74.... 982 cattle, sheep and hogs, driv- ing through streets. {See ' ' Cattle., Sheep and Swine — Driving through Streets. ’ ’ ) Ords., Art. 25, Secs. 11-31 964-69 cattle, swine and goats at large. — killing or seizure by any person lawful, penalty for owner. Ords., Art. 25, Sec. 9.. 963 coasting on bicycles and sleds, penalty. Ords., Art. 25, Secs. 89,90 988 POLICE REGULATIONS. 1538 POLICE REGULATIONS. Page POLICE REGULATIONS. — (Cont’d). dangerous and unhealthy sub- stances on streets prohibit- ed, penalty, proviso. Ords., Art. 25, Sec. 69.. 980 — penalty for. Ords., Art. 25, Sec. 72.. 981 dirt, lumber, etc., in streets, penalty, removal at ex- pense of offender. Ords., Art. 25, Sec. 73.... 981 dogs at large. — disposition of dogs taken up. Ords., Art. 25, Sec. 10 964 — impounding of, by any witness. Ords., Art. 25, Sec. 10 964 — penalty for owner, half of fine to informer. Ords., Art. 25, Sec. 10 964 — recovery of dogs bv owner. Ords., Art. 25,' Sec. 10 964 enticing purchasers from stores, prohibited, penalty. Ords., Art. 25, Sec. 94.... 989 fines and penalties imposed, collection of. Ords., Art. 25, Sec, 117 997 fires and horseshoeing in streets, conditions of per- mit. Ords., Art. 25, Sec. 75.... 983 firearms and pistols, sales, gifts, etc., of, regulations for. Ords., Art. 25, Secs. 78-85 985-7 fish — cleaning near fountains and pumps prohibited, pen- al t3^ Ords., Art. 25, Sec. 39.. 971 — to be kept under cover; penalty. Ords., Art. 25, Sec. 40.... 971 garbage and garbage carts. Ords., Art. 25, Secs. 41-49 971-4 gutters; owner or occupier of abutting property to keep clean, penalty. Ords., Art. 25, Sec. 51 974 POLICE REGULATIONS. — (Cont’d). — water from, not to be thrown in streets, penalty^ Ords., Art. 25, Sec. 50.. 974 hand organs, street pianos, etc., not to play after 10.30 p. m., penalty. Ords., Arts. 25, Sec. 111.. 995 lamps, lamp posts and pillars, interfering with; penalty. Ords., Art. 25, Sec. 57.. 976 — injury to, penalty, offender to pay cost of repairs. Ords., Art. 25, Sec. 58.. 976 landmarks of streets, penalty for defacing, etc. Ords., Art. 25, Sec. 56.. 976 malicious destruction of prop- erty, penalty. Ords., Art 25, Sec. 59.. 977 museums of anatomy, display on streets unlawful, penalty. Ords., Art. 25, Sec. 62, 977-8 newspaper representatives. Ords., Art. 25, Secs. 63- 66 978-9 note 978 obstruction of streets and gutters, by trade articles. Ords., Art. 25, Sec. 67.. 979 — penalty for. Ords., Art. 25, Sec. 72.. 981 offensive fluids in streets, pro- hibited, penalty. Ords., Art. 25, Sec. 52.. 975 — oil or other refuse liquids in streets, prohibited, penalty. Ords., Art. 25, Sec. 53.. 974 orders of Commissioner of Health to be executed by police. Ords., Art. 25, Sec. 36.... 970 parades in streets, permit re- quired, transparencies pro- hibited, penalty. Ords., Art. 25, Sec. 108.. 994 Park Avenue, deposits of dirt, ice, sand, snow, on, pro- hibited, penalty. Ords., Art. 25, Sec. 38. .. 971 POLICE regulations. 1539 political. Page POLICE REGULATIONS. — (Cont’d). pistols and firearms, sales, gifts, etc., of, regulations for. Ords., Art. 25, Secs. 78- 85 985-7 posting of, relating to fruit, etc., on sidewalks. Ords., Art. 25, Sec. 97..,. 990 public safety, provisions for. Ords., Art. 25, Secs. 86- 90 987-8 public swings, flying horses, fakirs, etc., prohibited, penalty. Ords., Art. 25, Sec. 112. 995-6 salt, use of in melting snow. Ords., Art. 25, Sec. 77.... 984 sewers, throwing waste matter into, prohibited, penalty. Ords., Art. 25, Sec. 95.... 990 sidewalks, fruit, etc., sub- stances on, unlawful, penalty. Ords., Art. 25, Sec. 96.... 990 — owners or occupants of premises to keep clear. Ords., Art. 25, Sec. 71 980-1 slop carts across footways, prohibited, penalty. Ords., Art. 25, Sec. 54.. 975 snow, removal of. Ords., Art. 25, Sec. 76 983-4 soliciting purchasers on streets, prohibited, penalty. Ords., Art. 25, Sec. 92... 989 sparring or boxing exhibi- tions, permit required, penaltv. Ords., Art. 25, Sec. 102.. 992 sprinkling and sweeping streets, to be sprinkled first, penalty. Ords., Art. 25, Sec. 55.... 975 theatre tickets, sale on streets, prohibited, penalty. Ords., Art. 25, Sec. 93.... 989 Page POLICE REGULATIONS. — (Cont’d). theatrical exhibitions, in- decent, etc., penalty. Ords., Art. 25, Sec. 101.. 992 — posters, defacing, consent of property owner, pro- viso. Ords., Art. 25, Secs. 105-6 993 trapeze performers, protect- ing net for. Ords., Art. 25, Secs. 103- 104 992-3 trees and tree boxes, injury to, penalty. Ords., Art. 25, Sec. 107.. 994 vaults and areas, information to Mayor and City Engi- neer of construction. Ords., Art. 25 Sec. 114.. 996 — to be protected when open, penalty. Ords., Art. 25, Sec. 113, 996 Washington Monument, trespassing on grass or shrubbery around, penalty. Ords., Art. 25, Sec. 60.... 977 water on newly paved streets, penalty. Ords., Art. 25, Sec. 116, 996-7 — ordinances, officers to re- port violations. Ords., Art. 25, Sec. 115, 996 windows, articles not to be thrown from, proviso. Ords., Art. 25, Sec. 86.. 987 POLICE TAX, See ''Police Commissioners ' POLICE REGULATIONS AND PREVENTION OF FIRES, ‘ 'See Fire Department. ’ ’ POLITICAL, parades — application for permit for. Ords., Art. 25, Sec. 109.. 995 — police regulation of. Ords., Art. 25, Sec. 108.. 994 politic AI.. POWERS. 1540 Page POLITICAL.— (Cont’d). parties — affected by primary election law. App. C, Sec. 1 1269 sentiment — not to affect employes of Fire Department. Ords., Art. 11, Sec. 4 737 POLL BOOKS, See "‘Police Commissioners." for primary elections. App. C, Sec. 1 1274 POLLUTION, of, city water. — erection of agency of pollu- tion penalized; prohibited agencies described. Acts, Sec. 903 564 — fine for erection of agency of, and non-removal of same. Acts, Sec. 903 563 — penalty. Acts, Sec. 902 563 — unlawful modes of pollution defined. Acts, Sec. 902 563 harbor — (^See "Harbor., Docks and Wharves. ’ ’ ) Ords., Art. 13, Sec. 23.... 782 POLYTECHNIC INSTITUTE, fee for tuition of non-resident pupils in. Ords., Art. 32, Sec. 34.. .1055 graduates of, testimonials to. Ords., Art. 32, Sec. 12....1047 insuring of city’s interest in. Ords., Art. 6, Sec. 8 701 principals and professors of. Acts, Sec. 100 153 POOR, See ‘ 'Indigent Poor. ’ ’ trustees of — See" Charities, Supervisors rtf r'-i ’ ’ PORK BUTCHERS AND^^^^ PACKERS, keeping of hogs by. Ords., Art. 14, Sec. 198 865-866 PORT OF BALTIMORE, See "Quarantine Hospital." Ords., Art. 14, Sec. 5.... 798 PORTABLE SCHOOL BUILD- INGS, See ‘ 'Buildings' * and ' 'Schools. ’ ’ Ords., Art. 32, Sec. 4....1044 POSITION OF VEHICLES IN STREETS, See ' ' Vehicles. ’ ’ POSSE COMITATUS, Sheriff may summon. Acts, Sec. 748 461 POSSESSION OF PROP- ERTY, See ' 'Adverse Possession. ’ ’ POST MORTEM EXAMINA- TIONS, See "Health." Medical Examiner and as- sistant to make. Ords., Art. 14, Sec. 3.... 797 POSTPONEMENT OF CASES, Acts, Sec. 311 265 POTTER’S FIELDS, See "Health." Ords., Art. 14, Sec. 136 838-839 POWER, WATER FOR, permit required, penalty. Ords., Art. 41, Sec. 54..1217 1218 POWERS, appointment and removal. note — - 106 POWER. PRECINCTS. Page 1541 Page POWERS.-(Cont’d). Corporate, (See '''■Corporate Powers."') — cases in relation to. Acts, Sec. 2, foot-note.. 41 — money, assets, etc., may receive same. Acts, Sec. 2 41-42 — property, power to hold and dispose of. Acts, Sec. 1 41 — suits, power to sue and be sued. Acts, Sec. 1 41 — vested in City Council and Mayor. Acts, Sec. 218 215 PRACTICE, and procedure — (See "Coiu'ts — Law Courts of Baltimore City.") in appeals — assessments of taxes. Acts, Sec. 170 185 in law courts of Baltimore City. (See "Courts — Law Courts of Baltimore City.") PRACTICE ACT FOR BALTI- MORE CITY. Acts, Secs. 312-315....265-269 (See " Courts— Law Courts of Baltimore City.") notes of decisions of Balti- more City Courts. note 267 PRATT FREE LIBRARY, — acceptance of gift. Ords., Art. 26, Sec. 1.... 999 — accounts and books of trus- tees of. Acts, Sec. 789 487 — amount of fund. Ords. Art. 26, preamble 999 — annuity of $50,000, pay- ment of. Ords., Art. 26, Sec. 5....1001 — appointment of visitor. Acts, Sec. 789 487 — authority to accept gift. Ords., Art. 26, preamble 998 PRATT FREE LIBRARY. — (Cont’d). — bequests, conveyances, de- vises, gifts of property, power to receive. Acts, Sec. §789a 488 — conditions of gift. Ords., Art. 26, preamble 988 — contract of acceptance of gift. Ords., Art. 26, Sec. 1 999 — deed of acceptance, report of trustees. Ords., Art. 26, Sec. 2.... 999 1000 — interest on fund, investment of. Ords., Art. 26, Sec. 4 1001 — investment of fund. Ords., Art, 26, Sec. 3....1000 note - 1000 preamble 998 — property, power to receive gifts of. Acts, Sec. §789a 488 — taxes, property of, exempt from. Acts, Sec. 790 •. 488 — title to property of. Acts, Sec. §789a 488 — trustees, abuse of power by. Acts, Sec. 789 487 — visitor to, to examine ac- counts and make report. Acts, Sec. 789 487 PRATT STREET, locomotives to be used on. Ords., Art. 30, Sec, 13. ...1019 vehicles, stands for prohibit- ed. Ords., Art. 4, Sec. 32 691 widening of by Burnt District Commission. App. A, Sec. 27 1255-1256 PRECAUTIONS IN CASE OF FIRE, buildings of a public char- acter. Ords., Art. 3, Secs. 84- 85 629 PRECINCTS, See "‘Legislative Districts^ Wards." PRATT street. 1542 PRIMARY EJECTIONS. Page PRATT STREET, cattle pens — driving cattle to and from. Ords., Art. 25, Sec. 24.. 967 PREMIUMS ON LOANS, See ‘ ^Stocks, Loans and Finance. ’ ’ investment of in Sinking Fund. Ords., Art. 34, Sec. 15..1081 1082 PRESENTMENT OR INDICT- MENT, assault and battery, necessary averments in. Acts, Sec. 231 231 PRESIDENT SECOND BRANCH, primary elections for. App. C, Sec. 2 1275-1276 PRESIDENT STREET, locomotives to be used on. Ords., Art. 30, Sec. 13. .1020 PREVENTION OF FIRES, See "‘'Fire Department and ‘ 'Fire Refutations. ’ ’ PROVISIONS, VEGETABLES, ETC. See "Markets.^' Ords., Art. 23, Sec. 48 933-934 PRIMARY ELECTIONS, Mayor, Comptroller, President Second Branch and mem- bers of City Council, affiliation of voters. App. C, Sec. 2 1275-1276 — election day. App. C, Sec. 2 1275 — party affiliation. App. C. Sec. 2 1275 — registration of voters, marking of registry. App. C, Sec. 2 1275-1276 — voters, changes in column, “party affiliation” when to be made. App. C, Sec. 2 1276 PRIMARY ELECTIONS. — (Cont’d). — explanations to be made to. App. C, Sec. 2 1275 — not required to state affiliation. App. C, Sec. 2 1275 — rights of affiliated voters. App. C, Sec. 2 1276 selection of candidates and delegations. — affiliation of voters. App. C, Sec. 1 1273 — ballots, position of names on. App. C, Sec. 1 1273 — preparation of. App. C, Sec.l 1271 — sample ballots, printing of, when not required. App. C, Sec. 1 1272 — sets of required. App. C, Sec. 1 1273 — when names of candi- dates shall he excluded from. App. Sec. 1 1270 — books of registry. App. C, Sec. 1 1271 —candidates, certificates of, filing certificates. App. C, Sec. 1 1272 — counting of votes for. App. C, Sec. 1 1273 — nominations by direct vote. App. C, Sec. 1 1270 — payment required of. App. Sec. 1 1272 — printing names on ballots, requirements. App. C, Sec. 1 1271 — when names shall not be placed on ballots. App. C, Sec. 1 1270 — challengers. App. C, Sec. 1 1273 — congressional and national elections, proviso. App, C, Sec. 1 1274-1275 — conventions, nominations by. App. C, Sec. 1 1270 — date of primary elections. App. C, Sec. 1 1270 — delegates to conventions. App. C, Sec. 1 1270 PRIVATE. PRIMARY ELECTIONS. 1543 Page PRIMARY ELECTIONS. — (Cont’d). — delegations, certificates of, filing certificates. App. C, Sec. 1 1272 — payment required of. App. C, Sec. 1 1272 — elections to which law applies. App. C, Sec. 1 1274-1275 — expenses of elections here- under. App. C, Sec. 1 1272 — nominations of candidates by direct vote or by con- ventions. App. C, Sec. 1 1270 — notice of primarv elections. App. C, Sec.' 1 1270-1271 — offences, penalties for. App. C, Sec. 1 1274 — political parties embraced bv provisions of Act. App. C, Sec. 1 1269 — poll books. App. C, Sec. 1 1274 — position of names on ballots. App. C, Sec. 1...: 1273 — primary elections, date and notice of. App. C. Sec. 1 1270-1271 — registration books. App. C, Sec. 1 _1270 — voters, affiliation of. App. C, Sec. 1 1273 — counting of. App. C, Sec. 1 1273 — voting places. App. C, Sec. 1 1271 supervisors of elections — — additional compensation for. App. C, vSec. 3 ...1276 — clerical assistance, addi- tional compensation for. App. C, Sec. 3 1276-1277 — expenses hereunder, pay- ment of by citv. App. C, Sec. 3 1277 PRINTED MATTER, for consumptives. App. B, Sec. 5 1267-1268 PRINTER, See ‘ ''Public Printer. ’ ’ Acts, Sec. 208 209 Ords., Art. 29, Secs. 1-16 1008-1012 Page PRINTING AND STATION- ERY, See ‘ ''Librarian;' ' Pu blic Printer and ‘ ''Schools. ' ' committee to order, payment of printer. Ords., Art. 29, Sec. 3....1008 PRIORITY OF LIENS, See "'Mortgages." PRISON FARE, See "Jail." prisoners in jail to be kept on. Acts, Sec. 138 167 PRISONERS, In City Jail, — commitments directed to Warden, receive prison- ers. Acts, Sec. 131 166 — earnings of, allowance on discharge. Acts, Sec. 124 164 — escape of. Warden respon- sible. Acts, Sec. 127 165 — medical attendance to. Acts, Sec. 121 163 — prisoners awaiting trial to be confined separately. Acts, Sec. 140 168 — prison fare only, to be al- lowed. Acts, Sec. 138 167 — reduction of sentence for good behavior. Acts, Sec. 139 167-168 — removal of to almshouse when affected by disease, or on becoming insane. Acts, Sec. 144 169 — separate confinement of certain prisoners. Acts, Sec. 140 168 — Warden to conduct to and from court. Acts, Sec. 132 166 PRIVATE— carriages — when used for hire. Ords., Art. 41, Sec. 82....1227 drains — {See ‘ 'Sewers. ' ' ) PRIVATE. PRIVIES, SINKS. 1544 Page PRIVATE.— (Cont’d). property — dumping refuse on, forbidden, penalty. Ords., Art. 14, Sec. Ill 112 130-131 — sewers on. Acts, Sec. 818 504 pumps — Ords., Art. 40, Secs. 33, 34 1188 sales — sheds, obstructions, etc,, on property taken in opening, etc., streets to be sold at. Acts, Sec. 176 193 sewers - ( ‘ 'See Sewers. ’ ’ ) — construction, permit for, penalty, application for permit. Ords., Art. 33, Sec. 24, 1074 streets, wharves, etc. — cleaning, repairing, etc. (^See "Health'’ ' and "Streets and City Engineer.'’''') Acts, Sec. 833 525 weighing of hay and straw. {See "Inspections, Weights and Measures. ’ ’ ) wharves — {See "Harbor, Dorks and Wharves'" and "Streets and City Engineer. ’ ’ ) Ords., Art. 13 Sec. 12, 776-777 PRIVIES, See "Health." Ords., Art. 14, Sec. 137, 839 apparatus for cleaning to be ordorless. Ords., Art. 14, Sec. 149, 843 bonds of cleaners of. Ords., Art. 41, Sec. 45, 1213 1214 carts for cleaning. Ords., Art. 41, Sec. 45, 1213 cleaners of, to give bond. Ords., Art. 14, Sec. 142 , 840 cleaning — by owner when offensive. Ords., Art. 14, Sec. 143, 841 Page PRIVIES.— (Cont’d). —during the day, proviso. Ords., Art. 14, Sec. 141, 840 — records relating to. Ords., Art. 14, Sec. 148, 842 contents, emptying and re- moval of. Ords., Art. 14, Sec. 140, 840 employers to provide separate privies for each sex. Ords., Art. 14, Sec. 158, 845-846 licenses — applications for. Ords., Art. 41, Sec. 44, 1213 — cleaning privies, wells and sinks. Ords., Art. 41, Sec. 44, 1203 — for removal of contents of. Ords., Art. 14, Sec. 140, 840 penalty for sinking vaults of, under sidewalks or streets. Ords., Art. 14, Sec. 153, 844 permits to empty, penalty when emptied without per- mit. Ords., Art. 14, Sec. 144, 841 refuse in wells of, prohibited, penalty. Ords., Art. 14, Sec. 147, 842 vaults for not to be under pavements or streets. Ords., Art. 14, Sec. 152, 843 violation of provisions relat- ing to, penalty. Ords., Art. 14, Sec. 139 839-840 wells of, to be built for one house. Ords., Art. 14, Sec. 137. 839 — to be used for one house; no conflict with existing regulations. Ords., Art. 14, Sec. 138 839 PRIVIES, AND CESS POOLS, prohibited in cow stables. Ords., Art. 14, Sec. 43.. 809 PRIVIES, SINKS AND CESS- POOLS, abandonment of, on com- pletion of new sewerage system. Acts, Sec. §824g 516-517 PROBATION OFFICERS. 1545 PROHIBITING TRACKS. Page PROBATION OFFICERS, See '‘'‘Police Commissioners.'*'' appointment of by Supreme Bench. Acts, Secs. 886A, 886B, 561-562 PROCEDURE, assessment of benefits and damages; city to determine procedure. Acts, Sec. 818 504 of City Council. {^See '‘'‘City Council'* and '‘'‘Or- dinances and Resolutions . ' ' ) PROCEEDINGS, See '‘'‘Police Commissioners." condemnation of property for sewers. meeting of Commissioners. Ords., Art. 33, Sec. 6....1063 PROCEEDS OF, auction duties. — ^application of. Acts, Sec. 274 245 mortgagee’s sales. {See "Mortgages."') PROHIBITED, franchises. Acts, Sec. 8 95 manufactures. — consent of property holders within specified distance necessary; penalty. Ords., Art. 14, Sec. 74.. 819 structures. — footways in Burnt District; limits of. Ords., Art. 35, Sec. 15....1095 PROHIBITING TRACKS ON CERTAIN STREETS, list of streets on which tracks are prohibited without con- sent of General Assembly. — Baltimore street, bet. Park ave. and Canton st. Act, Sec. 801 497 — Barclay street. Acts, Sec. 801 497 Page PROHIBITING TRACKS ON CERTAIN STREETS.— (Cont’d. —Biddle st., bet. Broadway and Maryland ave. Acts, Sec. 801 497 — Broadway, from Baltimore st. to North ave. Acts, Sec. 801 497 — Calvert st., from Read st. to city limits. Acts, Sec. 801 497 — Carolinest., bet. Preston st. and North ave. Acts, Sec. 801 497 — Cathedral st., bet. Saratoga st. and Mt. Royal ave. Acts, Sec. 801 497 — Cedar ave; proviso. Acts, Sec. 801 497 — Chase st., bet. Broadway and Marvland ave. Acts, Sec. 801 497 — Eager st., bet. Park ave. and Wolfe st. Acts, Sec, 801 497 — Elm ave; proviso. Acts, Sec. 801 497 — Eutaw Place, bet. North ave. and Druid Hill Park. Acts, Secs. 836-7 527 — Evergreen Terrace, bet. Fulton ave. and Orem lane. Acts, Sec. 801 497-498 — Gough st., from Bond st. easterly to Patterson Park ave. Acts, Sec. 801 497 — Hampden st; proviso. Acts, Sec. 801 497 — Hanover st., bet. Lee st. and Spring Garden Har- bor. Acts, Sec. 801 497 — Eombardst., bet. Patterson Park ave. and Exeter st. Acts, Sec. §801a 498 — McCulloh st., bet. Eutaw st. and North ave. Acts, Sec. 801 497 — Merryman’s lane; proviso. Acts, Sec. 801 497 — Mt. Royal ave., bet. Guil- ford ave. and North ave. Acts, Sec. 801 496-497 — Oak st; proviso. Acts, Sec. 801. 497 PROPOSALS. PROHIBITING TRACKS. 1546 Page PROHIBITING TRACKS ON CERTAIN STREETS.— (Cont’d). — Old York road, from York turnpike to Willow ave. in city and county. Acts, Sec. 801 497 — St. Paul st. , from Baltimore st. northerly to Hunting- don ave. Acts, Sec. 801 497 Lake Roland Elevated Rail- way Company; removal of tracks of from certain streets. Acts, Sec. 801 497 streets, or parts of streets on which tracks are pro- hibited. Acts, Sec. 801 496-498 Acts, Sec. §801a 498 PROMISSORY NOTES, See ‘ 'Bills of Exchange and Promissory Notes." PROPERTY, corporate. — power to hold anddisposeof. Acts, Sec. 1 41 discovered. — assessment of. Acts, Sec. 169 184 holders. — bowling alleys, etc., assent of, necessary. Ords., Art. 41, Sec. 5....1197 — complaints against slaugh- ter houses by. Ords., Art. 14, Sec. 195 864 In custodia legis. — decisions relating to. note 182 city property. (fSee ‘ 'Police Commissioners. ’ ’ ) — accounts of, to be kept by Commissioners of F i- nance. Ords., Art. 34 Sec. 14..1081 — decisions as to disposal of. Acts, Sec. 13, note 98 — disposal of property not needed. Acts, Sec. 13 98 Page PROPERTY.— (Cont’d). — examinations of titles to. Ords., Art. 5, Secs. 1-3 695-696 — grading and paving in front of when owners make application. Ords. Art. 35, Sec. 59....1111 — lease of. Acts, Sec. 13 98 — monies from sale or rent of to be invested in city stock. Ords. Art. 34, Sec. 11 ..1079 — perishable and movable. {See' ' Librarian" and "Per- ishable and Movable City Property. ’ ’ ) Ords., Art. 21, Secs. 1- 4 904-906 — renewals of leases for. Acts, Sec. 12 97 — sale of. Acts, Sec. 13 98 fire companies. {See ' 'Fire Commissioners. ”) Ords., Art. 11, Sec. 15.. 741 fire department. — fire commissioners to con- trol. Ords., Art. 11, Sec. 8 738 owners. — definition of, for removal of nuisances. Ords., Art. 14, Sec. 91.. 825 seized by police. {See "Police Commissioners."') sold for taxes. ( See ' ' City Collector ’ and ' ' Tax Sales. ’ ’ ) — chattels, disposition of pro- ceeds from sale of. Acts, Sec. 50 127 — owner may redeem, repay- ment to purchaser. Acts, Sec. 47 125 — owner of reversionary inter- est may redeem. Acts, Sec. §47a 125 PROPOSALS, advertisement of. Acts, Sec. 14 98 mode and manner of adver- tising. Acts, Sec. 14 98 PROSECUTING WITNESS. 1547 PUBLIC IMPROVEMENTS. Page PROSECUTING WITNESS, See ''AcquUials.'^ name of to be indorsed on presentment by Grand Jury. Acts, Sec. 343 279 PROTECTION, of pavements. prohibiting travel on. Acts, Sec. 6 80 of street surfaces. (^See ''Streets and City Engi- neer. ’ ’ ) Ords., Art. 35, Sec. 116, 1137-1138 PROVISIONS, PURVEYOR OF, appointment, duties, annual account. Acts, Sec. 115 161 bond of. Acts, Sec. 116 162 PROVISIONS, VEGETABLES, ETC. See "Markets." Ords., Art. 23, Sec. 48, 933-934 PUBLIC BATHS, commission — annual report of to Mayor, etc. Ords., Art. 27, Sec. 4 1003 — appointment of seven per- sons on. Ords., Art. 27, Sec. 1 1002 — powers of. Ords., Art. 27, Sec. 2 1002 — to control, maintain and operate. Ords., Art. 27, Sec. 3 1002 property conveyed by Henry Walters, Esquire, for use as. Ords., Art. 27, Sec. 5 1003 PUBLIC BUILDINGS, See ' 'Superintendent of Public Buildings. ’ ’ Acts, Sec. 207 209 chimneys not to emit dense smoke. Ords., Art. 14, Sec. 122.. 833 employes — number and pay of. Ords., Art. 28, Sec. 2 1005 PUBLIC BUILDINGS.— (Conthif.^ — not to absent themselves without permission of Superintendent. Ords., Art. 28, Sec. 5 1006 — to serve in any building to which assigned. Ords., Art. 27, Sec. 3 1006 flags on to be raised on holi- days. Ords., Art. 28, Sec. 6 1006 note 1004 Superintendent of, buildings in charge of, bond of. Ords., Art. 28, Sec. 1 1004 watchmen, substitutes of to be approved by Superintend- ent of. Ords., Art. 28, Sec. 4 1006 PUBLIC BUILDINGS, STREET CARS, ETC., expectoration in, notice for- bidding. Ords., Art. 14, Sec. 102.. 828 PUBLIC DEBT, payment of principal and in- terest, funds applied to. Ords., Art. 34, Sec. 13....1081 PUBLIC EASEMENTS, See "Franchises." PUBLIC HEALTH, See "Health" and "Quaran- tine Hospital." PUBLIC HIGHWAYS, gifts of property for streets to become. Acts, Sec. 194 202 streets opened, to be. Acts, Sec. 832 524-25 PUBLIC IMPROVEMENTS, Art Commission to approve. Acts, Sec. 202 207 bills for ; when to be paid. Ords., Art. 6, Sec. 5 700 Board of — duties ; sphere. Acts, Sec. 84 143 PUBLIC IMPROVEMENTS. — (Cont’d). — opinion on public improve- ments where cost ex- ceeds $2000. Acts, Sec. 85 144 department of — composition of. Acts, Sec. 84 143 PUBLIC PRINTER AND PRINTING, See ''City Council.^'' bills, approval of, by Commit- tee. Ords., Art. 29, Sec. 4 1009 — for printing, approval of. Ords., Art. 29, Sec. 1 1008 bond of. Acts, Sec. 208 210 clerks of City Council to fur- nish proceedings, etc., to. Ords., Art. 1, Sec. 21 577 Committee to order printing, chairman to sign orders. Ords., Art. 29, Sec. 3 1008 duties of. Acts, Sec. 208 210 election of — by City Council. Acts, Sec. 208 209 execution of work by, how paid. Ords., Art. 29, Sec. 2 1008 indexer, employment of by President of Second Branch, compensation. Ords., Art. 29, Sec. 17....1012 joint standing committee on stationery and printing, ap- pointment, duties. Ords., Art. 29, Sec. 1 1008 journals of City Council, bind- ing. Ords., Art. 29, Sec. 8 1010 — prices. Ords., Art. 29, Sec. 7 1010 specifications for ; copies of. Ords., Art. 29, Sec. 6 1009 Mayor’s message and depart- ment reports, binding, prices. Ords., Art. 29, Sec, 15....1012 Page PUBLIC PRINTER AND PRINTING.- (Cont’d). — prices. Ords., Art. 29. Sec. 12....1011 — printing, paper, etc. Ords., Art. 29, Sec. 11....1011 Mayor’s message — additional copies of ; prices. Ords., Art. 29, Sec. 14....1011 — printing and binding. Ords., Art. 29, Sec. 13....1011 miscellaneous printing, speci- fications, prices. Ords., Art. 29, Sec. 16....1012 orders for printing, issue of, record of, delivery of work. Ords., Art, 29, Sec. 3 1008-09 ordinances and resolutions, number of copies. Ords., Art. 29, Sec, 9 1010 — specifications, prices, bind- ing. Ords., Art. 29, Sec. 10.. ..1010 page, size and type to be uni- form ; specifications for. Ords., Art. 29, Sec. 5 1009 qualifications of. Acts, Sec. 208 209 term of office. Acts, Sec. 208 209 PUBLIC, Property, — acquisition by condemna- tion. Acts, Sec. 6 48, 49 — sewers on. Acts. Sec. 818 504 — title of city thereto inalien- able. Acts, Sec. 7 94 Safety, — department of — composi- tion of. Acts, Sec. 31 109 — Fire Commissioners, Board of. Acts, Sec. 69 137 — police regulations for. Ords., Art. 25, Secs, 86- 90 987-8 PUBLIC IMPROVMENTS. 1548 PUBLIC SAFETY. Page PUBI.IC. 1549 Page squares — sheep not to be driven along. Ords., Art. 25, Sec. 12.... 964 QUARANTINE HOSPITAL. Page PUMPS, injury to pumps. Ords., Art. 40, Sec. 32....1188 stands for carriages. {See ''Hackney Carriages and Coaches."^ structures — Art Commission to approve. Acts, Sec. 203 207 swings, etc., — flying horses, fakirs and patent medicine venders, prohibited, pen- alty. Ords., Art. 25, Sec, 112.. 995-6 wharves. — {See "Harbor^ Docks and Wharves.''’*') Ords., Art. 13, Sec. 12.... 776. 777 penalties relating to. Ords., Art. 40, Sec. 35....1189 private pumps — owners to take care of. Ords., Art. 40, Sec. 34....1188 — supervision of Water Engi- neer. Ords., Art. 40, Sec. 33....1188 removal of unused pumps. Ords., Art. 40, Sec. 37....1189 signs on condemned pumps. Ords., Art. 40, Sec. 36....1189 PUMPS AND SPRINGS, erection and regulation of. Acts, Sec. 6 65 PUBLICATION of. PUPILS OF SCHOOLS, damages, etc., in street open- ings, etc., — notice, contents of. Acts, Sec. 177 194 notice — where owner cannot be found. Ords., Art. 14, Sec. 85.... 823 — opening, etc., streets. {See ' 'Streets, Bridges and High- ways,' '' sub-title "Opening etc., Streets.") ordinances — opening, etc.. streets. Acts, Sec. 828 522, 523 Sec. 829 523 Sec. 831 524 PUBLICATIONS in, newspapers. {See "Advertise- ments.") PULMONARY TUBERCULO- SIS, See ' 'Health' ' and ' ' Tubercu- losis. ' ' Ords., Art. 14, Sec. 32.... 806 PUMPS, FOUNTAINS AND SPRINGS, erection and regulation of. Acts, Sec. 6 65 contagious diseases among, duty of parents and phy- sician. Ords., Art. 32, Sec. 35. ...1056 resident and non-resident, tuition of, fees for. Ords., Art. 32, Secs. 32- 34 1054-6 PURE FOOD, See "Health." Ords., Art. 14, Sec. 57.... 813 QUARANTINE HOSPITAL, See "Health." Ords., Art. 14, Secs. 159- 178 846-858 Sec. 169 852 General Provisions, employes of, wages, proviso. Ords., Art. 14, Sec. 160.. 846, 847 expenses — to be paid by mas- ters or owners of vessels. Ords., Art. 14, Sec. 162.. 847, 848 grounds of quarantine — desig- nation of. Ords., Art. 14, Sec. 162.. 847-8 QUARANTINE HOSPITAR. 1550 RAILROAD EMPLOYES. Page QUARANTINE HOSPITAL, — (Cont’d). General Provisions. — (Cont’d). — location of. Ords., Art. 14, Sec. 159.. 846 passengers maintained at expense of masters of vessels. Ords., Art. 14, Sec. 171.. 853, 854 patients to be admitted to. Ords., Art. 14, Sec. 165.. 850 persons to be sent to ; regulations for ; penalty for violation. Ords., Art. 14, Sec. 169.. 852, 853 supplies for. Ords., Art. 14, Sec. 175.. 856 Quarantine Hospital Physician, — appointment and duties. Acts, Sec. 75 139 Ords., Art. 14, Secs. 159- 178 846-858 — bond of ; further duties. Ords., Art. 14, Sec. 161.. 847 — charges for inspection ; payment of charges, how enforced ; penalty. Ords., Art. 14, Sec. 173.. 855, 856 — charges for patients ; col- lection of charges. Ords., Art. 14, Sec. 174.. 856, 857 — cleaning of vessels after discharge of cargoes; penalty for neglect by master. Ords., Art. 14, Sec. 163.. 849 — .disinfection of ships and cargoes ; expenses of. Ords., Art. 14, Sec. 162.. 847, 848 — duties of. Ords., Art. 14, Sec. 5 798 — duties of ; reports of. Ords., Art. 14, Sec. 159.. 846 — employment of necessary help at Quarantine Hos- pital . Ords., Art. 14, Sec. 160.. 846, 847 QUARANTINE HOSPITAL, (Cont’d). — inquiry of masters con- cerning infected vessels. Ords., Art. 14, Sec. 164.. 849, 850 — inspection — all vessels from sea at Quarantine grounds Ords., Art. 14, Sec. 162.. 847, 848 — penalties for violating rules and regulations of. Ords., Art. 14, Sec. 172.. 854-55 — qualifications, residence. Acts, Sec. 75 139 — return of goods and bag- gage of vessels disinfect- ed. Ords., Art. 14, Sec. 176.. 856, 857 — rules, regulations and orders of ; penalty for violating. Ords,, Art. 14, Secs. 162, 164, 172. 847, 850, 854, 855 — salary and residence of. Acts, Sec, 76 140 — vaccination of crews and passengers ; charges. Ords., Art. 14, Sec. 177.. 857 — vessels exempt from ; pro- viso. Ords., Art. 14, Sec. 167.. 851 — from points north of Cape Henry. Ords., Art. 14, Sec. 168.. 852 — infected with disease; regulations relating to ; penalty, Ords., Art. 14, Sec. 164.. 849, 850 QUIETING CLAIMS, payment of damages in court in cares of disputes in open- ing, etc., streets. Acts, Sec. 827 — 521 RACES, police at. Acts, Sec. 774 474 RAILROAD EMPLOYES, arrest of thieves and pick- pockets by. Acts, Sec. 784. .485-486 RAILROADS AND RAILWAYS. 1551 RAILROADS AND RAILWAYS. Page RAILROADS AND RAIL- WAYS, all night cars, hours for run- ning. Ords,, Art. 30, Sec. 22, 1023 assessments for tracks. Acts, Sec. 6 66 assessment proceedings. Acts, Sec. 6 66 — appeals in. Acts, Sec. 6 66 — jury trials in. Acts, Sec. 6 66 bed and tracks of street railways. — bridges, form of rail to be used on, penalty. Ords., Art. 30, Sec. 23, 1023 — cost of repairs by street for railways. Ords., Art. 30, Sec. 26, 1025 — failure of street railways to keep street in repair, duty of City Engineer. Ords., Art. 30, Sec. 26, 1024-1025 — penalty for failure of com- pany to keep streets in repair. Ords., Art. 30, Sec. 26, 1025 — repair of by City Engineer. Ords., Art. 30, Sec. 26, 1024 — space between tracks and two feet on each side to be kept in repair, penal- ty. Ords., Art. 30, Sec. 24, 1024 — sprinkling of streets re- quired. Ords., Art. 30, Sec. 28, 1028 cars of steam railroads, cars on turnouts and switches not to obstruct streets, penalty. Ords., Art. 30, Sec. 5, 1017 — coal cars not to be unloaded on streets, penalty. Ords., Art. 30, Sec. 3, 1016 1017 — foot passenger carts or drays not to be obstructed by. Ords., Art. 30, Sec, 6, 1017 — how long to remain in street. Ords., Art. 30, Sec. 1, 1015 Page RAILROADS AND RAIL- WAYS.— (Cont’d). — loading and unloading of cars except at authorized places forbidden, penalty. Ords., Art. 30, Sec. 3, 1016 — movement down grade, penalty. Ords., Art. 30, Sec. 9, 1018 — movement of cars in streets, penalty against m o v e - ment b y unauthorized persons, penalt}^ Ords., Art. 30, Sec. 2, 1016 — not to stand in street on Sunday, proviso. Ords., Art. 30, Sec. 1 1016 — obstruction of street cross- ings by, penalty. Ords., Art. 30, Sec. 4, 1017 — penalty for breaking or re- moving fastenings of cars in streets. Ords., Art. 30, Sec. 1, 1015 1016 — space required between cars standing on streets. Ords., Art. 30, Sec. 6, 1017 — speed of on streets, penaltv. Ords., Art. 30, Sec. 7' 1018 — wagon ways on streets to be kept clear, penalty, Ords., Art. 30, Sec. 6, 1017 cars of street railroads, cars standing in street to be chained. Ords., Art. 30, Sec. 1, 1015 construction of, altering of when street obstructed. Ords., Art. 30, Sec. 19, 1021 1022 — City Engineer to examine. Ords., Art. 30, Sec. 18, 1021 — direction by City Engineer of, cost of removal or al- teration of obstructing Ords.*, Art. 30, Sec. 19, 1022 — failure of company to re- move or alter tracks, pen- alty. Ords., Art. 30, Sec. 19 1022 — Mayor to enforce ordinances relating to removal of tracks, proviso. Ords., Art. 30, Sec. 18, 1021 RAILROADS AND RAILWAYS. 1552 RAILROADS AND RAILWAYS. RAILROADS AND RAIL- WAYS.— (Cont’d). — obstruction of gutters pro- hibited, City Engineer to give notice, removal or alteration of tracks by City Engineer at expense of railways. Ords,, Art. 30, Sec. 30, 1022 — obstruction of streets by. Ords. Art. 30, Sec. 18, 1021 — removal of tracks where ob- structing streets. Ords., Art. 30, Sec. 19, 1021 — to conform to requirements of ordinances. Ords., Art. 30, Sec. 18, 1021 — tracks on streets. Acts, Sec. 6 66 coupon tickets required. Acts, Sec. §792a 489 decision relating to. Acts, Sec. 6, Note 67 easements in annex. {See ''Park Tax.’’') — acquisition of by city where same are exempt from Park Tax. Acts, Sec. §800a 494 — park tax — modification of upon acquisition of said easements by city; scheme or plan of modifi- cation, proviso. Acts, Sec. §800a 494-495 — in annex — street railway franchises to be perpetual in cases where the ease- ments acquired by city was in perpetuity. Acts, Sec. §800a 495 general powers. Acts, Sec. 6 66 grades of streets — alterations for railroads. Acts, Sec. 6 66 gutters obstructed by railway tracks; duty of. Ords., Art. 30, Sec. 20..1022 hours of labor. — agreement for longer hours, unlawful. Acts, Sec. 793 Page RAILROADS AND RAIL- WAYS.-C Cont’d). — Attorney General of State to proceed against char- ter. Acts, Sec. 794 491 — contracts for longer hours unlawful. Acts, Sec. 793 491 — forfeiture of charter for violations. Acts, Sec. 794 491 — limiting hours to 12. Acts, Sec. 793 490 — penalty. Acts, Sec. 795 491 inspection of work in streets by City Engineer. Ords., Art. 35, Sec. 10 1093-94 locomotive engines; bells to be rung at crossings; pen- alty. Ords., Art. 30, Sec. 14....1020 — coal and coke may be used as fuel; proviso. Ords., Art. 30, Sec. 16..1021 — cross streets and cross- ings; bells of locomotives to be rung at; penalty. Ords., Art. 30, Sec. 14..1020 — penalty for running on tracks without authority. Ords., Art. 30, Sec. 15..1020 — precautions in use of. Ords., Art. 30, Sec. 14..1020 — steam whistles of, not to be blown in city limits; penalty. Ords., Art. 30, Sec. 14.. 1020 — wood not to be used as fuel without permission of city. Ords., Art. 30, Sec. 16..1020 obstruction of streets by rail- way tracks; duty of. Ords., Art. 30, Sec. 21..1022 Park Tax. — accounts and books. Board of Park Commissioners to examine. Acts, Sec. 798 492-3 — car fare registers, exami- nation of. Acts, Sec. 798 492-3 490 RAILROADS AND RAILWAYS. 1553 RAILWAY EASEMENTS. Page RAILROADS AND RAIL- WAYS.— (Cont’d) . — collection of penalties. Acts, Secs. 798-799 492-3 — default in payment. Acts, Sec. 799 493 — false certification of ac- counts. Acts, Sec. 800 493 — gross receipts, tax on. Acts, Sec. 797 492 — payment of, quarterly. Acts, Sec. 797 492 — penalty for obstructing examination of accounts. Acts, Sec. 798 492-3 — for default in payment. Acts, Sec. 799 493 — for false certification of accounts. Acts, Sec. 800 493 Paving Commission, pave- ment between and two feet on either side of tracks. Acts, Sec. §841r 544 penalty for officers, agents, etc. Acts, Sec. §792d 490 repair of streets to be a con- dition in grant of fran- chises. Ords., Art. 30, Sec. 25..1024 safety gates at grade cross- ings. Acts, Sec. 791 488-9 — erection and operation. Acts, Sec. 791 488-9 — grade crossings, erection at. Acts, Sec. 791 488-9 — penalty. Acts, Sec. 792 489 stop of trains at principal sta- tion. Acts, Sec. §792c 490 stop-over privilege in tickets, proviso. Acts, Sec. §792b 490 street cars in motion; cross- ing open streets to .stop; penalty. Ords., Art. 30, Sec. 32..1026 — speed through markets. Ords., Art. 30, Sec. 30..1026 Page RAILROADS AND RAIL- WAYS.— iCont’d). street railway fares. — fares, rates of. Acts, Sec. 796 491-2 — maximum rate, proviso. Acts, Sec. 796 491-2 — transfers, free, proviso. Acts, Sec. 796 491-2 streets, use of, by. Acts, Sec. 6 67 tickets, coupons attached. Acts, Sec. §792a 489 tracks and switches — cars standing on, not to obstruct streets or street crossings. Ords., Art. 30, Secs. 4-6..1017 — driving on to obstruct cars prohibited. Ords., Art. 4, Sec. 19.... 687 — failure to keep in repair; penalty. Ords., Art. 30, Sec. 12..1019 — how to be laid. Ords., Art. 30, Sec. 11..1019 — mode of construction. Ords., Art. 30, Sec. 11..1019 — proximity of builders’ ma- terials, etc., to, police regulations. . Ords., Art. 25, Sec. 74.. 982 — removal of, by city. Acts, Sec. 6 66 — salt, use of in melting. snow and ice on. Ords., Art. 25, Sec. 77.. 984 — use of streets by. Acts, Sec. 6 80 — vehicles on railways tracks, penalty. Ords., Art — to keep to right of tracks. Ords., Art. 30, Sec. 8....1018 RAILWAY EASEMENTS IN ANNEX, See '‘'‘Railroads and Rail- ways" sub-title '‘'‘Ease- ments in Annex." RAILWAYS, See '‘'‘Railroads" and '‘'‘Rail- ways." raiway tracks. RECORDS. Page 1554 RECOGNIZANCES, RAILWAY TRACKS PRO-^^^^ HIBITED, See '‘‘‘Prohibiting Tracks on Certain Streets.'"' RATES, carriages, etc., licenses — rates for. Ords., Art. 41, Sec. 80....1226 fare — hackney carriages; rates of fare. Acts, Sec. 281 253, 254 water. i^See "‘Water Rents. — miscellaneous uses. Ords., Art. 41, Sec. 68.... 1221 wharfage — articles specified ; goods reshipped. Ords., Art. 13, Sec. 17.... 778, 779 RATES, FARES AND CHARGES, See Franchises." Acts, Sec. 37 117 READING CLERK, See '‘‘‘City Council."’ REAL ESTATE BROKERS, See " Licenses." REAL PROPERTY, See ‘‘‘Property." taxes on, when in arrears. Acts, Sec. 40 121 REASSESSMENT AND RE- VALUATION OF PROP- ERTY, See" Appeal Tax Court" and ‘ ‘Assessments of Property. ’ ’ 181 RECEIVING STOLEN GOODS, See "Larceny" RECEPTACLES FOR EX- PECTORATION, See "Health." provided in public buildings ; cleaning of. Ords., Art. 14, Sec. 103.. 828 See “Bair and “A uctioneers. ” assault and battery, cases of. Acts, Sec. 230 231 surrender of principal by security in. Acts, Sec. 344 279 when to be returned. Acts, Sec. 332 276 RECORDS, See ‘ ‘ City Reg ister;' ' ‘ ‘ Comp- troller;" "Land Records" and ‘ ‘Police Commission- ers." assessments. {See" City Regis- ter."') transmission, of to Baltimore City Court. Acts, Sec. 170 185 births and deaths — record of. Ords., Art. 14, Sec. 192.. 863 certified copies of, as evidence. Acts, Sec. 31 108 city — Comptroller to keep record of deeds and leases made to city, or sufficient extracts thereof to explain same ; also contracts with city ; arrangement of record book. Ords., Art. 1, Sec. 49 587-588 — public papers to be filed and preserved; City Register not to permit removal of papers of his office ; to furnish certified copies ; charges therefor; searches of records; charges therefor. Ords., Art. 1, Sec. 48 587 City Librarian — c o p y and preservation of lists of city property. Ords., Art. 21, Sec. 2 905 City Register to record jour- nal of proceedings of City Engineer. Ords., Art. 35, Sec. 1 1091 keepers of weights, etc., — Mayor to inspect. Ords., Art. 17, Sec. 20.... 882 RECORDS. REGISTER, CITY. 1555 Page RECORDS.— (Cont’d). licenses — to be kept by Comp- troller. Ords., Art. 23, Sec. 17.... 924 oath of Sewer Commissioners — certificate of Justice of the Peace thereon. Ords., Art. 33, Sec. 3 1061 proceedings — certificate of to be evidence of assessments of taxes. Acts, Sec. 170 186 property assessed — alphabeti- cal list of owners of prop- erty. Acts, Sec. 161 180 — clerk of Appeal Tax Court to keep. Acts, Sec. 161 180 — description and location of property. Acts, Sec. 161 180 — information contained therein. Acts, Sec. 161 180 — owners may inspect record of their assessments. Acts, Sec. 161 180 relating to cleaning of privies. Ords., Art. 14, Sec. 148.. 842 sales of firearms — register of purchaser, marks, etc., to be kept by seller. Ords., Art. 25, Sec. 80 ... 985 sewer condemnations — depos- it with City Register. Ords., Art. 33, Sec. 20....1072 tests of gas meters, data and annnal report to Mayor and City Council. Ords., Art. 20, Sec. 13....897-8 Water Board to keep. Ords., Art. 40, Sec. 2 1177 RED OR YELLOW OCHRE, manufactory of, adjoining property owners to assent to erection of. Ords^ Art. 14, Sec. 73.. 819 Page REDEMPTION, of city stock. time of; payment of inter- est. Ords., Art. 34, Sec. 8.. ..1079 of loans. sinking fund for. Ords., Art. 34, Sec. 15, 1081-2 REDUCTION OF SENTENCE PRISONERS, Acts, Sec. 139 167-168 REFORMATION AND REFUGE HOUSES OF, See "'Houses of Refuge and Reformation.'^ REFORMATORIES, erection and regulation of. Acts, Sec. 6 54 water rates for. Ords., Art. 41, Secs. 58- 61 1219 REFUSE, deposits in privy wells pro- hibited; penalty. Ords., Art. 14, Sec. 147.. 842 in sewers. penalty for tar and other gas house refuse in. Ords., Art. 33, Sec. 24....1074 REFUSE MATERIAL, city officials; duties of relating to. Ords., Art. 6, Sec. 13.... 702 sale of and accounting of pro- ceeds. Ords., Art. 6, Sec. 12.... 702 separate account for required. Ords., Art. 6, Sec. 14 702 REGISTER, CITY, See ‘ ‘ City Register. ' ' Harbor Masters, to supply account books to. Ords., Art. 13, Sec. 15, 777-778 REGISTER OF WIEES. 1556 REEIGTOUS CORPORATIONS. REGISTER OF WILLS, bond of. Acts, Sec. 354 281 — approval by Orphans’ Court and Comptroller. Acts, Sec. 355 282 commissions of, cases cited. Acts, Sec. 354, note 282 compensation for preparing lists for Appeal Tax Court. Acts, Sec. 168 184 failure to give bond, effect of, Acts, Sec. 356 282 summary account to Appeal Tax Court of property held by executors, etc., penalty. Acts, Sec. 168 183-184 REGISTRATION, cow stables; registry of. Ords., Art. 14, Sec. 36, 807-808 REGISTRATION BOOKS, for primary elections. App. C, Sec. 1 1270 REGISTRATION CASES, rules governing same. Acts, Sec. 321A 272-273 sittings of Court. Acts, Sec. 321 272 two judges to hear and deter- mine. Acts, Sec. 321 272 REGISTRATION OFFICES, See '‘'Police Commissioners.'''' REGISTRATION OF VOTERS, primary elections for Mayor, etc. App. C, Sec. 2 1275-1276 registers to revise lists. Acts, Sec. 17 100 supplementary registration, when to be held. Acts, Sec. 17 100 REGISTRY OF PHYSICIANS, ETC., See "Health.'''' Ords., Art. 14, Sec. 189 862-863 REGRADING, RESHELLING, REGRAVELLING, REPAV- ING AND RECURBING STREETS, See '‘'Gradings Paving^ etc.., Streets. ’ ’ Acts, Sec. 6 74 REGULATIONS FOR CARS IN STREETS, See "Railroads and Railways.'''' Ords., Art. 30, Sec. 1, 1015-1018 REGULATION OF FOOT- WAYS AND SIDEWALKS, See "Footways.'''' REGULATION OF MORGUE, See '‘'Health.'"’ enforced by superintendent of. Ords., Art. 14, Sec. 83.... 821 RE-INSPECTION OF GAS METERS, discontinued meters, fee, penaltv. Ords., Art. 20, Sec. 11.... 897 REJECTION OF DAMAGES, See ‘ 'Streets, Bridges and Highways, ’ ''sub-title' ‘ Open- ing, etc., Streets. ’ ’ RELEASES, administrator of intestates’ estates, to. (See "Schools.'") fees for granting, prohibited. Acts, Sec. 636 382 prisoners. See "Police Commissioners.'''' to city in, opening, closing, etc., streets, from claims for. Acts, Sec. 827 521 RELIGIOUS BELIEF, not to cause discrimination in Fire Department. Ords., Art. 11, Sec. 4 737 RELIGIOUS CORPORATIONS, water rates to. Ords., Art. 41, Sec. 62....1220 REPAIRS. REMOVAL FROM OFFICE. 1557 Page REMOVAL FROM OFFICE, Mayor, powers of. Acts, Sec. 25 104 misdemeanor of Justice of the Peace to effect his removal. Acts, Sec. 649 387 REMOVAL OF, cases. note 274 garbage and street dirt. {See '''Street Cleaning" and "Ga rbage and Street Dirt.") — provision for. Ords., Art. 14, Sec. 110.. 830 nuisances. to other premises in city, pro- hibited; penalty. Ords., Art. 14, Sec. 98.. 827 property. — reduction of assessment on account of. Acts, Sec. 160 179 REMOVED CASES, assignment of same for trial. Acts, Sec. 322 273 cost and counsel fees. note, 280 fees of State’s Attorney. Acts, Sec. 349 280 transmission of record. Acts, Sec. 322 273 RENEWALS of, franchises — {See '‘'Franchises.") Acts, Sec. 9 96 — and grants. Acts, Sec. 12 97 — provisions relating to. Acts, Sec. 37 118 land records — {See ''Land Records.") RENTALS of. conduits — collection of. Acts, Sec. 6 81 — powers of city in relation to. Acts, Sec. 6 81 RENTING HALLS O F^^^^ SCHOOLS, Eastern and Western High School Halls. Ords., Art. 32, Secs. 2-3..1044 RENTS AND LICENSES, See ' 'Markets;' ' sub-title ' 'Licenses and Rents. ' ' 922-927 RENTS AND REVENUE, in property taken for streets. Acts, Sec. 6 73 RENTS FOR WATER, See ' ' Water Rents. ’ ’ RENTS OF MARKET STALLS, See "Markets." Ords., Art. 23, Sec. 15.... 923 REPAIRS to, city buildings — Inspector of Buildings to make. Ords., Art. 3, Sec. 10 603 fire apparatus — Chief Engineer to recom- mend. Ords., Art. 11, Sec. 17.... 742 footways — See ' 'Footways. ’ ’ Ords., Art. 35, Secs. 22- 26 1098-1100 markets — clerks of markets to make. Ords., Art. 23, Sec. 8 .... 921 streets — by corporations. Ords., Art. 35, Secs. 114, 115 1136-37 — by railways; space to be repaired. Ords., Art. 30, Sec. 24.. ..1024 — by Water Board — duties of. Ords., Art. 40, Sec. 24....1185 — care to be exercised by city. Acts, Sec. 6, note 76 — penalty for failure. ( < Ords., Art. 30, Sec! 12....1019 RETURN. REPAVING OF STREETS. 1558 REPAVING OF STREETS, See ''Streets and City Engineer. ’ ’ duties of Water Board. Ords., Art. 40, Sec. 29....1187 REPORTS, See "Annual Reports;" ' 'Police Commissioners' ' and under heads of various mufiicipal officials and de- partments. .annual, by purveyor of provisions of almshouse. Acts, Sec. 115 161 — by Superintendent of alms- house. Acts, Sec. 114 161 Burnt District Commission. App. A, Sec. 4, 1237-39 heads of departments to report to Mayor. Acts, Sec. 24 104 Mayor’s annual report. Acts, Sec. 22 102 REPORTS of, auction duties — See {"Auctioneers.") Board of Fire Commission- ers — copies of for City Council. Ords., Art. 11, Sec. 5....737-8 fire companies — age, admission and dis- charge of members. Ords., Art. 11, Sec. 18.... 742 sales — {See ' 'Mortgages. ’ ’) keepers of weights and measures — monthly returns on oath. Ords., Art. 17, Sec. 22.... 883 REQUISITIONS, materials to prevent spread of tuberculosis. App. B, Sec. 3 1266-67 Police Department — {See "Police Commis- sioners.") REQUISITIONS.— (Cont’d). supplies — {See ' 'Librarian. ” ) RESIDENT LABOR ON PUBLIC WORK, Paving Commission, to give reference to. Acts, Sec. §841o 541 RESIGNATIONS, Sewerage Commission. Acts, Sec. §824 508 RESOLUTIONS, See "Ordinances and Resolu- tions." RESTORATION OF STREET SURFACE, See "Streets and City Engineer' ' and ' ' Water. ' ' penalty for failure of per- sons digging up streets to restore same. Ords., Art. 36, Sec. 8....1143 RESTRICTED FRANCHISES OR GRANTS, Acts, Sec. 8 95 RETIRED POLICEMEN, See "Police Commissioners" and ' 'Special Police Fund. ' ' RETIRING SALARY, See "Special Police Fund." RETURN DAYS, See "Appeal Tax Court" and "Courts." Acts, Sec. 303 262 RETURN of, assessments — — clerk to transmit return to State Comptroller; penalty on failure. Acts, Sec. 162 180 — States Attorney to inform Grand Jury of default of clerk of Appeal Tax Court. Acts, Sec. 163 180 return. 1559 RIGGING OF VESSELS. Page I RETURN of.— (Cont’d). | valuations — —personal property not re- turned owner. Acts, Sec. 159 179 RETURN TANKS, hydraulic elevators to be pro- vided with. Ords., Art. 41, Sec. 57....1219 RETURNS BY AUCTION- EERS, See ‘ 'A uctioneers. ’ ’ REVIEW AND ASSESS- MENT, Department Of, — Board of Review and Assess- ment to be head of. Acts, Sec. 145 170 — composition of. Acts, Sec. 145 170 Acts, Sec. 31 109 — Commissioners for Open- ing Streets, second sub- department of depart- ment of. Acts, Sec. 172 189 — duties and powers. Acts, Sec. 145 170 REVIEW OF ASSESS- MENTS, See "'‘Appeal Tax Court.'" Acts, Sec. 170 184 REVIEW OF PROCEEDINGS IN SEWER OPENINGS, procedure in. Ords., Art. 33, Sec. 8 .... 1066 REVISORY POWER OF COURT, Acts, Sec. 317 270-271 REVOCATION OF PER- MITS, cases cited thereon. note 575 REVOKED LICENSES, provisions relating to. Ords., Art. 41, Sec. 14....1200 Page REVOLVERS, sales, gifts, etc., of, regula- tions for. Ords., Art. 25, Secs. 78- 85 985-987 REWARDS, See "Police Commissioners." criminals — — Mayor to offer rewards for in certain cases. Ords., Art. 1, Sec. 12 575 false alarm of fire — — Chief Engineer to offer for. Ords., Art. 11, Sec. 51.... 754- I incendiaries — 1 — Fire Inspector to offer for. Ords., Art. 11, Sec. 42.... 751 Mayor to offer, for certain crimes, Ords., Art. 1, Sec. 12.... 575 policemen — — fees, gifts, etc., to, prohibit- ed. (^See "Special Police Fund.") RICHMOND MARKET, obstructions wdthin certain limits forbidden. Ords., Art. 23, Secs. 109- 110 951 provisions relating to. Ords., Art. 23, Secs. 106- 108 959 {See "Richmond Market" under '‘"Markets.") RIDERS AND DRIVERS, of horses and vehicles — — speed limited to six miles per hour, penalty for exces- sive speed. Ords., Art. 4, Sec. 9 684 RIGGING OF VESSELS, See " "Harbor., Docks and Wharves." Ords., Art.[13, Sec. 34.... 786 RIGHT OF WAY. SAFF WEIGHTS. 1560 Page RIGHT OF WAY, ambulances to have. Ords., Art. 16, Sec. 14.... 873 salvage corps to have going to fires. Ords., Art. 11, Sec. 45.. 752 RIGHT OF WAY ON TRACKS, rights of vehicles on tracks, penalty. vehicles not to delay cars. Ords., Art. 30, Sec. 45....1030 ROOFS, CORNICES AND SCUTTLES, See '''' Buildings.'' Ords., Art. 3, Secs. 121- 123 647-648 RUBBISH AND WASTE MATERIALS, boxes for at street corners. Ords., Art. 36, Sec. 10....1144 RULES AND REGULATIONS, See ‘ ''Buildings;' ' ‘ ''Fire Department" and '''' Special Police Fund.'' fire department — — Fire Commissioners to pre- pare and post. Ords., Art. 11, Sec. 7.... 738 police department — i^See "‘Police Commission- ers.") Water Board to prescribe. Ords., Art. 40, Sec. 1....1177 RULES FOR PLUMBING, designated by Inspector of Plumbing, compliance with. Ords., Art. 14, Sec. 133.. 837 838 RULES OF CITY COUNCIL, See "City Council." Page SABBATH, See "Vehicles." ball playing, quoits, kites, fishing, etc., unlawful on, penalty. Ords., Art. 31, Sec. 2 1041 cattle, horses, etc., not to be driven through streets on, proviso, penalty. Ords., Art. 31, Sec. 1 1040 driving cattle on, unlawful. Ords., Art. 25, Sec. 15.... 965 fines and penalties imposed, recovery of. Ords., Art. 31, Sec. 5 1041 gaming, hunting, etc., on, unlawful, penalty. Ords., Art. 31, Sec. 3 1041 ice ; sale of on, prohibited. Acts, Sec. 806 499 “ “ 807 499 parades with music unlawful on, penal tv, proviso. Ords., Art. 31, Sec. 4 1041 sales on ; articles prohibited, penalty. Ords., Art. 31, Sec. 2 1040 SAFETY GATES, See "Railroads and Rail- ways. ' ' SAFETY REGULATIONS FOR HOTELS, See "Buildings" and "In- spector of Buildings. ' ' floor plan, fire escapes, inspec- tions, penalty. Ords., Art. 11, Secs. 67- 68 758, 759 SAFE WEIGHTS ON FLOORS OF BUILDINGS. See "Buildings" sub-title ‘ 'Loads on Floors, Weights and Strains. ' ' ST. MARTHA’S. sates. Page 1561 SALES. — (Cont’d). In, Page ST. MARTHA’S EPISCOPAL HOUSE, appropriation from city for conduct and management. Acts, Sec. §885a 561 ST. MARY’S INDUSTRIAL SCHOOL, See ''Houses of Refuge and Reformation. ’ ’ ST. VINCENT OF PAUL’S ORPHAN ASYLUM OF BALTIMORE, See "Houses of Refuge and Reformation. ’ ’ SALES, See "Appeal Tax Court;" "Assessments;" "City Col- lector ;" "City Register ;" ' ' Comptroller; " " Health;' ’ "Inspections, Weights a?id Measures "and" Charcoal. ’ ’ "Markets;" "Nuisances" and "Taxes." By, — auctioneers. {See "Auc- tioneers. ’ ’ ) — minors. (See "Larceny."') For, — Burnt District assessments — for collection of. App.A.Secs. 14-15.1250-1251 — livery charges. Acts, Sec. 292 257 — taxes. (See ' ' Tax Sales. ”) — balance of purchase money — to whom and when payable. Ords., Art. 38, Sec. 31 1167,1168 — fee simple interest, when to be sold. Ords., Art. 38, Sec. 28....1166 — leasehold interest to be sold first. Ords. , Art. 38, Sec. 28....1166 — list of for public inspec- tion. Ords., Art. 38, Sec. 30....1167 — resale of unredeemed property bought by city at tax sales. Ords., Art. 6, Secs. 10, 11 701, 702 — markets. {See "Markets'’' sub-title "Sales in.") — clothing, merchandise, etc., prohibited; pen- alty ; proviso. Ords., Art. 23, Sec. 34.... 929-30 — fresh meat at retail only at butchers stalls, pen- alty. Ords., Art. 23, Sec. 35.. 930 — meat, unsound or un- wholesome, unlawful, penalty. Ords., Art. 23, Sec. 30.... 929‘ — provisions, etc., weighing of, penalty for false weights. Ords., Art. 23, Sec. 31.... 929 — wines and liquors forbid- den, penalty. Ords., Art. 23, Sec. 36.. 930 — streets. (See "Auctions. ”) Ords., Art. 23, Sec. 36.... 930’ — cows or other neat cattle prohibited, penalty. Ords., Art. 23, Sec. 38.... 930’ — enticing purchasers from stores, etc., unlawful, penalty. Ords., Art. 25, Sec. 94.... 989 — hawking after 10 p. m.; police regulations. Ords., Art. 25, Sec. 91.. 988-9 — Sabbath sales unlawful, penalty. Ords., Art. 31, Sec. 2....1040 — soliciting purchasers — ob- structing streets, etc., thereby unlawful, pen- alty. Ords., Art. 25, Sec. 92.... 989 — theatre tickets, prohibit- ed, penalty. Ords., Art. 25, Sec. 93 ... 989 Of, — charcoal (See "Inspections, Weights and Measures.") — city property, auction of leasehold interest; terms. Ords., Art. 34, Sec. 12.... 1080’ — coal — penalty for short weight ; proviso. Ords., Art. 17, Sec. 31.... 885 SALES. salaries. Page 1562 Page SALES.— (Cont’d). Of. — (Cont’d). — firecrackers — other than in original package, prohib- ited, penalty. Ords., Art. 11, Sec. 58.... 756 — firewood — cord, unit of measurement, penalty, proviso. Ords., Art. 17, Sec. 32.... 886 — gasoline. — automobile storage sta- tions, sales in. Ords., Art. 11, Sec. 75 761 — cans for, in domestic use. Ords., Art. 11, Sec. 78.. 763 — stoves; permit, fee, reg- istry of dealers. Ords., Art. 11, Sec. 77 762 — ice. sales by weight, weighing at time of sale, bushel measure, penalty. Ords., Art. 17, Sec. 33.. 886 — liquor forbidden in certain places. {See ''Licenses."^ — meat — salted, etc., licenses for; proviso. Ords., Art. 41, Sec. 16 1200,1201 — sales by unauthorized persons in markets. Ords., Art. 23, Sec. 29.. 928 — milk, adulterated, pro- hibited. Ords., Art. 14, Sec. 56.. 812 — pistols and firearms; police regulations for. Ords., Art. 25, Secs. 78-85 985-987 — property, chancery sales to be reported to Appeal Tax Court. Acts, Sec. 165 182 — non-payment of bene- fits assessed in opening, etc., sewers. Ords., Art.33,Sec. 10..1069 — sale by Comptroller for Ords., Art. 38, Sec. 37 1169,1170 — residue of lots taken in opening, etc., sewers. Ords., Art. 33, Sec. 7 1063-64 — of property taken in opening, etc., streets. Acts, Sec. 176 192 SALES. — (Cont’d) . Of. — (Cont’d). — state lands in Burnt Dis- trict. App. A, Secs. 33-34 1261 — unsound or tainted food and food products. Ords., Art. 14, Sec. 57.. 813 On- — Sabbath, sale of ice forbid- den; penalty. Acts, Secs. 806, 807. 499 Under — — decrees and under General Law. {See Mortgages. SALARIES, See under titles of various municipal officials and de- partments. almshouse, superintendent of. Acts, Sec. 113 161 Annex Improvement Com- mission. Acts, Sec. §841b 531-2 Appeal Tax Court, members of. Acts, Sec. 146 170 Assistant Superintendent of Lamps and Lighting. Ords., Art. 20, Sec. 2 893 bailiffs and criers of City Courts — amount and pay- ment. Acts, Secs. 372-374 288 Board of Estimates — powers in relation to. Acts, Sec. 36A 117 — of Liquor License Commis- sioners. Acts, Sec. 670 411 boiler inspectors. Acts, Sec. 584 354 Buildings, Inspector of. Acts, Sec. 79 141 Burnt District Commission. App. A, Sec. 1 1235 SAI. ARIES. saeariks. Page 1563 . Page SALARIES.— (Cont’d). Charities, Supervisors of City — Secretary to. Acts, Sec. 104 157 City Collector. Acts, Sec. 42 122 — compensation of. Ords., Art. 38, Sec. 23....1164 City Librarian. Acts, Sec. 196 204 — assistants to. Acts, Sec. 198 206 City Register. Acts, Sec. 35 112 City Solicitor. Acts, Sec. 61 133 — assistants of. Acts, Sec. 62 134 clerks of courts — payment of salaries. Acts, Sec. 370 287 clerk to Commissioners for Opening Streets. Acts, Sec. 172 190 Commissioner of Health, as- sistants to. Acts, Sec. 76 140 Commissioners for Opening Streets. Acts, Sec. 172 189 — and clerk per diem of. Acts, Sec. 190 201 Comptroller. Acts, Sec. 33 110 —subordinates of. Ords., Art. 6, Sec. 17.... 703 — to certify to correctness of. Ords., Art. 6, Sec. 4 700 constables, fixed by law or ordinance. Acts, Sec. 206 209 coroners. Acts, Sec. 294 258 court stenographers. Acts, Sec. 279 290 Department of Legislative Reference — salary of execu- tive officer. Acts, Sec. 208C 211 Deputy City Solicitor. Acts, Sec. 62 SALARIES.— (Cont’d) . Deputy Register, Acts, Sec. 35 112 District Superintendents of Lamplighters. Ords., Art. 20, Sec. 2.... 893 Electrical Commission, Chief Engineer. Ords., Art. 9, Sec. 2 718- employes — — when to be paid. Ords., Art. 1, Sec. 42. .584-585- Fire Commissioners, Board of. Acts, Sec. 69 137 — department, members of. Ords., Art. 11, Sec. 3, 736 firemen — salary list of. Ords.,*Art. 11, Sec. 3,.... 736 First Branch City Council, members of. Acts, Sec. 210 212 Grand Jury, clerk to. Acts, Sec. 604A 362 Harbor Engineer. Acts, Sec. 88 147 Health, Commissioner of. Acts, Sec. 71 138 Judges of Supreme Bench. Ords., Art. 8, Sec. 1 716 lamps and lighting, subordi- nates of Superintendent of. Ords., Art. 20, Sec. 2 893 Liquor License C o m m i s - sioners, Board of. Acts, Sec. 670 411 market employes. Ords., Art. 23, Sec. 2, 918-919 marshal’s clerk. Acts, Sec. 746 458-459 Mayor’s clerk. Ords., Art. 1, Sec. 7 574 — secretary. Ords., Art. 1, Sec. 6, ....573 — sten ograph er . Ords., Art. 1, Sec. 9, 574 134 SALARIES. 1564 SANITARY REGULATIONS. Page SALARIES.— (Cont’d) . New Sewerage Commission. Acts, Sec. §824a 508 officers of sub-department of Board of School Commis- sioners. Acts, Sec. 99 152 Park Commissioners, secre- tary to. Acts, Sec. 90...: 148 Paving Commission, Chair- man and Secretary. Acts, Sec. §841k 536 — Police Commissioners. Acts, Sec. 740 ,...448 — Examiners. Acts, Sec. 745A 454 — force, physician to. Acts, Sec. 773 473-474 — force, salaries of officers and men. Acts, Sec. 745 453-454 — officers and men on re- tired list, {See Special Police Fund. ’ ’ ) President Second Branch City Council. Acts, Sec. 214 214 Quarantine Hospital physi- cian. Acts, Sec. 76 140 Second Branch City Council, members. Acts, Sec. 211 212 Sewerage Commission , chairman and members of. Ords., Art. 33, Sec. 26, 1075 station-house Justices, when payable. Acts, Sec. 636 382 street cleaning, Commission- er of. Acts, Sec. 83 143 subordinates and employes under School Commission- ers. Acts, Sec. 99 152 — of^ City Register. Ords., Art. 6, Sec. 26.. 707 — of Comptroller. Acts, Sec. 34 Ill Page SALARIES. — (Cont’d). substitute Justices at station- houses. Acts, Sec. 637 382 Superintendent of Lamps and Lighting. Acts, Sec. 204 208 — of Public Buildings. Acts, Sec. 207 209 Surveyor, fixed by o r d i - nance. Acts, Sec. 205 209 trust clerk of Circuit Courts. Acts, Sec. 371 287 vaccine physicians. Acts, Sec. 77 141 Water Engineer. Acts, Sec. 87 146 SALES STABLES, regulations for cows. Ords., Art. 14, Sec. 38.. 808 SALOONS, See ‘ 'Licenses' ' sub-title "Liquor Licenses" and ‘ 'Police Comissioners . ' ' dance houses, etc., — minors in, penalty against proprietors. Acts, Sec. 881 559 SALT, snow, use in melting prohib- ited, penalty. Ords., Art. 25, Sec. 77.. 984 SALVAGE CORPS, See "Fire Commissioners." Ords., Art. 11, Secs. 45- 46 752 SAND AND ASHES IN STREETS, deposit of prohibited, penalty, proviso. Ords., Art. 25, Sec. 37....970 SANITARY AND HYGENIC REGULATIONS, See' ' Buildings, ' ' and ' ' Tene- ment and Lodging Houses,' ' SCHOOLS. Page SANITARY INSPECTORS. 1565 Page SANITARY INSPECTORS, Health, Commissioner of to appoint. Acts, Sec. 72 139 vaccine physician, as. Acts, Sec. 77 141 SANITARY REGULATIONS, See '''‘Buildings;'' "'Health;" ‘ ''Inspections, Weights and Measures;" '''Nicisances" and'' 'Quarantine Hospital.' ' bakeries and confectioneries. Ords., Art. 17, Sec. 35..886-7 SARATOGA STREET, cattle, driving through, pro- hibited. Ords., Art. 25, Sec. 30.... 967 SATISFACTION OF DECREES, See "Mortgages." SATURDAY HALF - HOLI- DAY See ' 'Bills of Exchange and Promissory Notes. ' ’ municipal departments, office hours on. Ords., Art. 15, Sec. 3 868 SAUSAGES AND PUDDINGS, licenses for sale of, in markets, proviso. Ords., Art. 41, Sec. 17....1201 — penalty. Ords., Art. 41, Sec. 16..1200-1 SAWED AND SPLIT WOOD, See ' ' Wood. ' ' SCALE BEAMS, inspection and stamping. Ords., Art. 17, Sec. 12.... 880 SCHOOL BOOKS, See "Schools." SCHOOL BUILDINGS, See "Schools," sub-title "Buildings of." SCHOOL COMMISSIONERS, See this sub-title under ' 'Schools. ’ ’ SCHOOLS, Books of, — collection of, from former pupils. Ords., Art. 32, Sec. 8..1045-6 — defaced or mutilated, parents, etc., to pay for. Ords., Art. 32, Sec. 8—1046 — parents or guardians to pay for when lost, de- faced, etc. Ords., Art. 32, Sec. 8. .1045-6 — penalty for parents retain- ing books. Ords., Art. 32, Sec. 8..1045-6 Buildings, — American flag on. Ords., Art. 32, Sec. 7....1045 — Board to have charge of. Ords., Art. 32, Sec. 1....1043 — contracts for. Acts, Sec. 99 152-53 — for portable buildings, award of. Ords., Art. 32, Sec. 5, 1044-45 — control of by Board. Ords., Art. 32, Sec. 1....1043 — cost of erection of portable, how paid. Ords., Art. 32, Sec. 6....1045 — Eastern and Western High Schools, renting halls of. Ords., Art. 32, Secs. 2-3, 1044 — erection of portable. In- spector of Buildings to superintend. Ords., Art. 32, Sec. 5..1044-5 — flags to be raised when schools in session and on holidays. Ords., Art. 32, Sec. 7....1045 — halls of Eastern and West- ern High Schools, rental of. Ords., Art. 32, Secs. 2-3, 1044 — holida 5 ^s, flags to be raised on. Ords., Art. 32. Sec. r....l045 — lease of ground for portable. Ords., Art. 32, Sec. 4....1044 — legal holidays and Me- morial Day, flags to be raised on. Ords., Art. 32, Sec. 7....1045 note 1045 SCHOOLS. SCHOOLS. 1566 Page SCHOOLS.— (Cont’d). Buildings. — (Cont’d) . — plans and construction of. Acts, Sec. 99 153 — plumbing, heating and ventilation of. Acts, Sec. 100 153-4 — portable buildings, leasing ground for. Ords., Art. 32, Sec. 4....1044 — property, charge and control of, in Board. Ords., Art. 32, Sec. 1....1043 — rental of lots portable, payment of. Ords., Art. 32, Sec. 6....1045 — Supervisor of Heating, Plumbing and Ventila- tion. Acts, Sec. 100 153-4 — Western and Eastern High Schools, renting halls of, proviso. Ords., Art. 32, Secs. 2, 3 1044 Contagious Diseases, — certificate for teachers ' exposed to contagion. Ords., Art. 32, Sec. 38..1057 — certificate of immunity by vaccine physician. Ords., Art. 32, Sec. 39, 1056-57 — certificate of, to parents by physician attending. Ords., Art. 32, Sec. 35..1056 — children with, to be ex- cluded from schools. Ords., Art. 32, Sec. 37..1057 — duty of physician and parents in. Ords., Art. 32, Sec. 35.. 1056 — duty of parents where no physician attending. Ords., Art. 32, Sec. 36..1056 — fines and penalties for violations hereunder. Ords., Art. 32, Sec. 40..1058 — fine for parent failing to notify principal. Ords., Art. 32, Sec. 36.. 1056 — notice of, by parents to principal of school with- in 24 hours. Ords., Art. 32, Sec. 35. .1056 — notice to Commissioners by teachers exposed to contagion. Ords., Art. 32, Sec. 38.. 1057 Page SCHOOLS.— (Cont’d). Contagious Diseases. — (Cont’d). — principals to exclude children with. Ords., Art. 32, Sec. 37..1057 — teachers exposed to con- tagion not to teach, penalty. Ords., Art. 32, Sec. 38..1057 — vaccine physicians to certi- fy to subsidence of disease when no physi- cian attending. Ords., Art. 32, Sec. 39, 1057-58 Certificates, Diplomas and Prizes, — certificates to pupils quit- ting school before graduation. Ords., Art. 32, Sec. 13..1047 — City College graduates, diplomas to, form of. Ords., Art. 32, Sec. 11..1047 — high schools, Baltimore Polytechnic Institute, Colored High and Train- ing School, testimonials to pupils. Ords., Art. 32, Sec. 12..1047 note 1048 — Peabody prizes, distribu- tion of. Ords., Art. 32, Sec. 14, 1047-48 Establishment, — of free public school system. Acts, Sec. 6 67 Funds, — accounting for funds from intestates’ estates. Ords., Art. 32, Sec. 17..1050 — application of funds from intestates’ estates. Ords., Art. 32, Sec. 19..1050 — approved accounts only, to be paid by Register. Ords., Art. 32, Sec. 15..1049 — attendance ofiicers, ap- pointment, salary. Ords., Art. 32, Sec. 22..1051 — bequests, devises, etc.. Board to receive and pay to City Register. Ords., Art. 32, Sec. 16..1049' SCHOOLS. SCHOOLS. Page 1567 Page SCHOOLS. -(Cont’d). Funds. — (Cont’d). — bequests not to be ex- pended in same year received. Ords., Art. 32, Sec. 16..1049 — City Register to notify Board of receipt of funds. Ords., Art. 32, Sec. 18..1050 — claims against intestates, estates, prosecution of. Ords., Art. 32, Sec. 20, 1050-51 — committee on accounts to examine disbursement orders. Ords., Art. 32, Sec. 15, 1049-50 — Comptroller to receive from teachers, etc. Ords., Art. 32, Sec. 15..1049 — conditions in bequests, to be followed in applica- tion of. Ords., Art. 32, Sec. 16..1049 — contingent fees for prose- cution of claims against intestates’ estates. Ords., Art. 32, Sec. 20, 1050-51 — disbursement orders, when to be honored by Register. Ords., Art. 32, Sec. 15..1049 — intestates’ estates, funds from subject to orders of Board. Ords., Art. 32, Sec. 17..1050 — intestates’ estates, account- ing for funds from. Ords., Art. 32, Sec. 19..1050 — notice to Board by Regis- ter of receipt of funds. Ords., Art. 32, Sec. 18..1050 — payment of salaries month- ly- Ords., Art. 32, Sec. 21..1051 — president of Board to sign disbursement orders. Ords., Art. 32, Sec. 15..1049 — prosecution of claims against intestates’ estates. Ords., Art. 32, Sec. 20, 1050-51 — receipt and disbursement of, through Comptroller and City Register. Ords., Art. 32, Sec. 15..1049 SCHOOLS.— (Cont’d). Funds. — (Cont’d). — salaries to be paid monthly. Ords., Art. 32, Sec. 21..1051 — Secretary of Board to sign disbursement orders. Ords., Art. 32, Sec. 15..1049 general powers. Acts, Sec. 6 67 ice and snow in front of, re- moval of. Ords., Art. 36, Sec. 15....1145 Intestates’ Estates, — undistributed funds to be paid to Board of School Commission ers . Acts, Sec. 808 500 — notice by advertisement to, given by administrator. Acts, Sec. 809 500 — release to administrator on payment of funds to School Commissioners. Acts, Sec. 810 500 — terms of release. Acts, Sec. 811 501 — restoration of funds when legal representatives ap- pear. Acts, Sec. 812 501 — foregoing provisions not to affect Charitable Marine Society. Acts, Sec. 813 501 Johns Hopkins University, — power to confer degrees. Acts, Sec. 815 502 — to confer honorary de- grees. Acts, Sec. 815 502 — to establish branches. Acts, Sec. 814 501 — to purchase and hold property. Acts, Sec. 814 501 — to keep and maintain principal office in city. Acts, Sec. 814 501 levy and collection of tax for. Acts, Sec. 6 67 libraries for, — City College and High Schools, established at. Ords., Art. 32, Sec. 9....1046 SCHOOI.S. SCHOOLS, 1568 Page SCHOOLS.— (Cont’d). McDonogh Institute School Farm, — funds for, investment, etc. Ords., Art. 22, Sec. 5.... 910 Maryland Institute, — annual inspection of by Mayor, etc. Ords., Art. 32, Sec. 31..1054 — annual report of president of, to Mayor, etc. Ords., Art. 32, Sec. 30..1053 — appointment of pupils in. Ords., Art. 32, Sec. 29..1053 — appropriation for, payment of by comptroller. Ords., Art. 32, Sec. 31..1054 — City Council, members of to appoint pupils to. Ords., Art. 32, Sec. 29.1053 — contract with, for instruc- tion of city pupils. Ords., Art. 32, Sec. 28 .1053 — inspection of, annually by Mayor, etc. Ords., Art. 32, Sec. 31. .1053 — instruction of pupils in, period of. Ords., Art. 32, Sec. 29..1053 — Mayor to appoint pupils on neglect of councilmen. Ords., Art. 32, Sec. 30.. 1053 note 1053 — payment to, for tuition of city pupils. Ords., Art. 32, Sec 31..1054 — President of, to notify coun- cilmen of vacancies among pupils. Ords., Art. 32, Sec'. 29..1053 — report of President of, to Mayor, etc., annually. Ords., Art. 32, Sec. 30.. 1053 — vacancies among pupils, councilmen of ward en- titled, to have notice of. Ords., Art. 32, Sec. 29.. 1053 Officers of, appointment of. Acts, Secs. 99-100 152-153 Parental School, — board to make rules for. Ords., Art. 32, Sec. 24..1052 — buildings and grounds for, lease of. Ords., Art. 32, Sec. 26.. 1052 Page SCHOOLS.— (Cont’d). Parental School. — (Cont’d). — children habitually truant, instruction of. Ords., Art. 32, Sec. 23..1051 — confinement of truants, term of. Ords., Art. 32, Sec. 27..1052 — contracts for instruction of truants at corrective in- stitutions. Ords., Art. 32, Sec. 27..1052 — courses of study, board to prescribe. Ords., Art. 32, Sec. 25..1052 — teachers for, employment of. Ords., Art. 32, Sec. 25..1052 — truants, habitual, instruc- tion of, Ords., Art. 32, Sec. 23..1051 Peabody Institute, — and fund. Acts, Sec. 816 503 Property of, {See '’‘‘Buildings.'''') Acts, Sec. 6 67 Ords., Art. 32, Sec. 1 ...1043 — ordinances to protect, au- thorized. Acts, Sec. 6 67 School Commissioners, Board of, — administration of schools to non-political and non- sectarian . Acts, Sec. 99 152 — appointment of. Acts, Sec. 99 152‘ — construction and plans for, to be approved by. Acts, Sec. 99 153 — contracts for school build- ings, stationery and sup- plies. Acts, Sec. 99 152-153 — duties of school visitors to be prescribed by. Acts, Sec. 102 156 — instructions to Superin- tendents of Public In- struction . Acts, Sec. 101 155 — president of. Acts, Sec. 99 152 ' SCHOOLS. SCREWS. Page 1569 Page SCHOOLS.— (Cont’d). School Commissioner, Board of. — (Cont’d). — principals, professors, in- structors and tutors, ap- pointment of. Acts, Sec. 100 153 — qualifications of members. Acts, Sec. 99 152 — salaries of subordinates and teachers. Acts, Sec. 99 152 — school visitors, appoint- ment, assignments and duties of. Acts, Sec. 100 153 — subordinates under, appoint- ment and removal of. Acts, Sec. 99 152 — supervisor of heating, plumbing and ventilation of school buildings. Acts, Sec. 100 153-154 — teachers, appointment, selection and removal of. Acts, Sec. 99 152 — term of commissioners. Acts, Sec. 99 152 — text-books on civil govern- ment to be furnished and used in public schools. Acts, Sec. §816a 503 — stationery and furniture for schools. Acts, Sec. 99 153 — unclaimed funds of intes- tates’ estates payable to board . Acts, Sec. 808 500 snow in front of, removal of. Ords., Art. 36, Sec. 2, 1140-41 supplies and stationery for. {See ''Stationery.^') — contracts for. Acts, Sec. 99 152-153 temporary buildings for. Ords., Art. 32, Sec. 4....1044 tuition, — books and stationery free to city pupils. Ords., Art. 32, Sec. 32, 1054 SCHOOLS.— (Cont’d). Tuition. — ( Cont’d) . — city pupils to be instructed free. Ords., Art. 32, Sec. 32, 1054 — fees for tuition of non-resi- dent pupils. Ords., Art. 32, Secs. 33- 34 1054-5 — instruction to be free to city pupils. Ords., Art. 32, Sec. 32, 1054 — non-resident pupils, in- struction of. Ords., Art. 32, Sec. 33, 1054-5 — non-resident tax-payers, ex- ception of, Ords., Art. 32, Sec. 34, 1055-6 — note 1055 Visitors, School, — appointment, assignment and duties of. Acts, Sec. 100 153 — duties and meetings of. Acts, Sec. 102 155 water rates to schools and academies. Ords., Art. 41, Sec. 63..1220 yards of, — ice and snow, removal from. Ords., Art. 36, Sec. 15..1145 SCREENS ON STREET LAMPS, permits for, on application. Ords., Art. 20, Secs. 19- 20 899 placing and removal by Super- intendent of Lamps and Lighting. Ords., Art. 20, Sec. 21.... 899 900 SCREWS, standard for fire plugs, etc — threads, opening, etc. Ords., Art. 11, Sec. 36.... 749 SAI.B OF CITY. 1570 SESSIONS OF CITY COUNCIL. Page SEAL OF CITY, city may use and alter same. Acts, Sec. 1 41 City Register to furnish it free when required as evidence in claims of soldiers and seamen in U. S. service, etc. Ords., Art. 1, Sec. 51.... 588 custody and use of. Acts, Sec. 35 112 fees for impressions of. Acts, Sec. 35 112 impression of — to be rep- resentation of Battle Monu- ment. Ords., Art. 1, Sec. 50.... 588 SEALING, STAMPING, ETC.,' METERS, duty of Superintendent of Lamps and Lighting re- lating tp. Ords., Art. 20, Sec. 6 .... 895 SEARCH WARRANT, gunpowder, concealment of. Ords., Art. 11, Sec. 83.... 765 SEATS FOR FEMALE EM- PLOYES, manufacturing and mercan- tile establishments to provide. Acts, Sec. 505 324 penalty for failure to pro- vide. Acts, Sec. 506 325 use of seats, question for jury as to what is proper. Acts, Sec. 505 324 violations of provisions de- fined. Acts, Sec. 505 324 SECOND BRANCH, See ''‘City Council.'''’ appointments during recess of, to fill vacancies. Acts, Sec. 25 106 confirmation of Mayor’s ap- pointments. Acts, Sec. 25 104 Page SECOND BRANCH.— (Cont’d). president of — — member Board of Awards. Acts, Sec. 15 99 — when to be Mayor. Acts, Secs. 18-19 101 SECRETARY, New Sewerage Commission. Acts, Sec. §824a 509 Board Police Commissioners. {See ‘ '‘Police C ommis- sioners. ’ ’ ) Mayor. (See ‘ ^ Mayor. ” ) Police Board. (See ‘ 'Special Police Fund. ’ ’ ) Police Examiners. (See '‘'‘Police Examiners.'"') SECURITY, for costs and fines — — Criminal Court, prohibited in. Acts, Sec. 443 306 SELECTION OF PAVING MATERIALS, See ‘ 'Streets and City Engi- neer. ’ ’ Ords., Art. 35, Secs. 77- 80 1120-1121 owners may select paving. Ords., Art. 35, Sec. 71..1117 SEMMES ACT, grants of franchises, etc. Acts. Sec. 6 95 SEPARATION OF PRISON- ERS, separate confinement of cer- tain prisoners. Acts, Sec. 140 168 SEPTEMBER TWELFTH, municipal holiday. Ords., Art. 15, Sec. 1 867 SESSIONS OF CITY COUN- CIL, See "City Council. SKWERS. Page SET-OFF FOR TAXES. 1571 Page SET-OFF FOR TAXES, not allowed corporations owning certain city stock loans. foot-note 174-175 when allowed holders of city stock loans. note 173 SEWERAGE, Commission — (See "‘Sewers."') — powers not modified. Acts, Sec. 86 145 connections — (See "Sewers.") Acts, Sec. 6 69 — required in dairies, when. Ords., Art. 14, Sec. 41.. 809 Annex, sewerage in — provision for costs of. Acts, Sec. §841h 534 SEWER, GAS AND WATER CONNECTIONS, permits for. Ords., Art. 35, Sec. 109..1133 1134 SEWERS, Appeals In Condemnation Proceedings, — attendance of persons at hearings, court may compel. Ords., Art. 33, Sec. 9.. 1067 — Baltimore City Court to hear. Ords., Art. 33, Sec. 9. .1067 — benefits also open to re- view. Ords., Art. 33, Sec. 9.. 1068 — city or owner, either may appeal. Ords., Art. 33, Sec. 9.. 1067 — ^^City Register to produce records. Ords., Art. 33, Sec. 9..1067 — correction and alteration of return. Ords., Art. 33, Sec. 9.1068 — cost of appeal to be added to assessment in discre- tion of court. Ords., Art. 33, Sec. 9..1068 SEWERS.— (Cont’d). Appeals in Condemnation Proceedings. — ( Cont ’ d ) . — defects of form not to in- validate proceedings. Ords., Art. 33, Sec. 9.. 1068 — evidence, record of pro- ceedings as. Ords., Art. 33, Sec. 9..1068 — hearings and procedure. Ords., Art. 33, Sec. 9..1067 —jury trial, jury to view property. Ords., Art. 33, Sec. 9..1067 1068 — petition for appeal to be in writing. Ords., Art. 33. vSec. 9..1067 — recording return, certifi- cate of clerk to, filing with City Register. Ords., Art. 33, Sec. 9.. 1068 — time limit for appeal. Ords , Art. 33, Sec. 9..1067 appointment of substitute for interested commissioner. Ords., Art. 33, Sec. 16 .1071 awarding contracts for. Ords., Art. 33, Sec. 22.. 1073 Benefits And Damages In Condemnations For, — assessment of benefits to be lien until paid. Ords., Art. 33, Sec. 14..1070 — assignment of lien to per- son paying benefits assessed. Ords., Art. 33, Sec. 15.. 1071 — balance of purchase money on sale for benefits assessed, owner to re- ceive. Ords., Art. 33, Sec. 13..1070 — benefits, sale of property for non-payment of. Ords., Art. 33, Sec. 11. .1069 — time limit for payment of. Ords., Art. 33, Sec. 10 1069 — bills for benefits to be rendered to owners assessed. Ords., Art. 33, Sec. 10.. 1069 — City Collector to notify owners where benefits assessed. Ords., Art. 33, Sec. 10 . 1069 SEWERS. SEWERS. Page 1572 Page SEWERS.— (Cont’d). Benefits And Damages In Condemnations For. — (Cont’d). — conditions and terms of sales for benefits. Ords., Art. 33, Sec. 12..1069 1070 — construction work not to be begun until damages paid or owners consent in writing. Ords., Art. 33, Sec. 14..1070 1071 — costs of sales for benefits, payment of. Ords., Art. 33, Sec. 13..1070 — deed to purchaser at sales for non-payment of bene- fits. Ords., Art. 33, Sec. 13..1070 — investment of amount of damages in city stock before beginning work. Ords., Art. 33, Sec. 14..1071 — lien of benefit assessments. Ords., Art. 33, Sec. 14..1070 — to vest in any volunteer paying benefit assess- ment. Ords., Art. 33, Sec. 15 1071 — notice of re-sale of prop- erty for benefits. Ords., Art. 33, Sec. 12..1070 — notice of sale for non- payment of benefits, publication of. Ords., Art. 33, Sec. 11. .1069 — to owners of benefits assessed. Ords., Art. 33, Sec. 10 1069 — payment of benefits, time limit for. Ords., Art. 33, Sec. 10..1069 — proceeds of sale. Collector to pay to Comptroller. Ords., Art. 33, Sec. 11..1069 — purchase money, payment to owner. Ords., Art. 33, Sec. 13..1070 — re-sale of property for lien of benefits, return of records to Comptroller. Ords., Art. 33, Sec. 12..1070 — sale of property for non- payment of benefits, conditions and terms of. Ords., Art. 33, Secs. 11-12 1069 SEWERS.— (Cont’d). Benefits and Damages In Condemnations For. — (Cont’d). — benefits and damages for constructing, opening or enlarging sewers. Acts, Sec. 818 504 — assessed for construct- ing, opening, etc., to be lien. Acts, Sec. 819 505 chairman of Sewerage Com- mission, salary of. Ords., Art. 33, Sec. 26..1075 City Engineer to construct. Acts, Sec. 86 144 — to superintend con- struction of. Ords., Art. 33, Sec. 21 1073 — when to inspect and ex- amine. Acts, Sec. 6 68 city’s share of costs; amount thereof may be met by levy of tax or raised by loan ; sinking fund to retire such loans ; levy for. Acts, Sec. 823 506 city stock to amount of $ 5 , 000 , 000 for. Acts, Sec. 824.... 506, 507 closing unauthorized connec- tions with. Ords,, Art. 33, Sec. 23 ... 1073-4 Commissioner interested in property taken for ; ap- pointment of substitute for. Ords., Art. 33, Sec. 16.. ..1071 Commissioners For Opening, — assignment of damages when benefits also as- sessed same owner. Ords., Art. 33, Sec. 5...:. .1062 — assistants and agents, au- thority to employ. Ords., Art. 33, Sec. 4 1061 — benefits and damages, as- signment of latter to city when both assessed. Ords., Art. 33, Sec. 5 1062 — City Surveyor to serve on request of. Ords., Art. 33, Sec. 4 1061 SEWERS. SEWERS. Page 1573 Page SEWERS.— (Cont’d). Commissioners for Opening. — (Cont’d) . — clerk of, duties, oath. Ords., Art. 33, Sec. 4 1061 — composition of Board of. Ords., Art. 33, Sec. 1 1060 — damages, assignment of to city. Ords., Art. 33, Sec. 5 1062 — duties of clerk of Board. Ords., Art. 23, Sec. 4 1061 — oath of office, form of. Ords., Art. 33, Sec. 2 1060 — record of. Ords., Art. 33, Secs. 3-4 1061 — of clerk, record of. Ords., Art. 33, Sec. 4.. ..1061 — Surveyor to serve Board when required. Ords., Art. 33, Sec. 4 1061 Commissioner of Health to inspect and examine — when. Acts, Sec. 6 68 condemnation of land for. Acts, Sec. 6 68 Condemnation of Property For, — alteration in valuations on review. Ords., Art. 33, Sec. 8 1066 — appeals from assessments, notice of. Ords., Art. 33, Sec. 8 1066 — assessment of benefits and damages. Ords , Art. 33, Sec. 6.. 1062-3 — on basis of area drained. Ords., Art. 33, Sec. 6 1063 — award of damages and benefits when part only of lot taken. Ords., Art. 33, Sec. 7 1065 — basis of assessment to be area drained. Ords., Art. 33, Sec. 6 1063 — benefits, assessment of to property directly affected. Ords., Art. 33, Sec. 6 1063 — bond of purchaser at sale of re.sidue of lots taken. Ords., Art. 33, Sec. 6 1063 — claims for damages to whole lot, proceedings in. Ords., Art. 33, Sec. 7 1063 SEWERS.— (Cont’d). Condemnation of Property For. — (Cont’d). —correction of assessments on review. Ords., Art. 33, Sec. 8 1066 — of maps, etc., on review. Ords., Art. 33, Sec. 8 1066 — damages, basis of assess- ments of. Ords., Art. 33, Sec. 6 1063 — compensation where whole lot claimed to be destroyed. Ords., Art. 33, Sec. 7.— 1063 — deposit of proceedings with City Register. Ords., Art. 33, Sec. 8..106S-6 — description, maps, etc., of property taken to be filed with City Register. Ords., Art. 33, Sec. 8 1065 — excess of damages over benefits, payment of. Ords., Art. 33, Sec. 6 1063 — expenses of proceedings to be included in assessment. Ords., Art. 33, Sec. 6 1063 — fee and leasehold to be dis- tinguished in taking prop- erty. Ords., Art. 33, Sec. 17..1071-2 — improvements, etc., on lots taken, sale and re- sale of. Ords., Art. 33, Sec. 7 1064 — investment of amount of damages in city stock. Ords., Art. 33, Sec. 7 1063 — leasehold and fee to be distinguished in taking property. Ords., Art. 33, Sec. 7..1071-2 — meeting for; to proceed, in accordance with notice. Ords., Art. 33, Sec. 6 1062 — notice of appeals from as- sessments. Ords., Art. 33, Sec. 8 1066 — of contemplated work to owners of property af- fected. Ords., Art. 33, Sec. 6....1062 — of review of proceedings. Ords., Art. 33, Sec. 8....1066 — of sale and re-sale of im- provements on, and resi- due of lots taken. Ords., Art. 33, Sec. 7. ...1064 SKwKRS. SRWKRS. Page 1574 Page SEWERS.— (Cont’d). Condemnation of Property For. — (Cont,d). — to owners where whole lot destroyed. Ords., Art. 33, Sec. 7....1065 — proceedings in assess- ments, record of, deposit with City Register. Ords., Art. 33, Sec. 8....1065-6 — r e c o r d of proceedings, maps, etc., to be filed with City Register. Ords., Art. 33, Sec. 8 1065 — review of proceedings, meeting for, time limit for. Ords., Art. 33, Sec. 8 1066 — sale and resale of improve- ments, etc., on, and resi- due of lots taken. Ords., Art. 33, Sec. 7 1064 — surrender of lots damaged, by owners. Ords., Art. 33, Sec. 7 1065 — tender of value where dam- age claimed to whole lot. Ords., Art. 33, Sec. 7 1063 Construction, Opening, Enlarg- ing or Straightening of Sewers, — appeals from assessments for by Commissioners ; jurv trial of appeals. Acts, Sec. 818 504 — assessments of benefits and damages. Acts, Sec. 818 504 — benefits in. Acts, Sec. 818 504, 505 — compensation to owners absent or under disabili- ties. Acts, Sec. 818 : 505 — damages in. Acts, Sec. 818 504 — jury trial in appeal from assessments. Acts, Sec. 818 505 — levy of assessments in. Acts, Sec. 818 504 — loan to defray cost of. Acts, Sec. 818 504 — notice of to owners. Acts, Sec. 818 504 — on private property. Acts, Sec. 818 SEWERS.— (Cont’d). Construction, Etc. — (Cont’d). —on public property. Acts, Sec. 818 504 — powers of city in relation to. Acts, Sec. 818 504 — power to pass ordinances relating to. Acts, Sec. 818 505 — procedure in determining assessments of benefits and damages. Acts, Sec. 818 504 connections with, penalty for unauthorized tapping. Ords. , Arts. 33, Sec. 23... .1073 contracts for construction, etc.. City Engineer to pre- pare plans, etc., for. Ords., Art. 33, Sec. 22.. ..1073 cost of repairs — by whom paid. Acts, Sec. 6 69 deposit of records of work with City Register. Ords., Art. 33, Sec. 20.. ..1072 drains, private, construction of, permit for. Ords,, Art. 33, Sec. 24....1074 duty of City Engineer in re- spect to construction. Ords., Art. 33, Secs. 21- 25 1073-4 expenses — of inspecting sew- ers. Acts, Sec. 6 68, 69 — per diem of commissioners and clerks. Ords., Art. 33, Sec. 19....1072 fee and leasehold interests to be discriminated in taking property. Ords., Art. 33, Sec. 17....1071 fines and penalties imposed, collection of. Ords., Art. 33, Sec. 27.... 1075 gas works refuse in, preven- tion of, penalty. Ords., Art. 33, Sec. 25..1074-5 general powers. Acts, Sec. 6 68 504 SEWERS. SEWERS. Page 1575 Page SEWERS.— (Cont’d). Construction, Etc. — (Cont’d). inspection by City Engineer. Ords., Art. 35, Sec. 10.... 1093-94 Jones’ Falls, exemption from provisions for streets. Acts, Sec. 600 359 leasehold and fee to be dis- criminated in taking prop- erty for. Ords., Art. 33, Sec. 17....1071 lien of assessments for bene- fits ; same recoverable as cit}^ taxes are. Acts, Sec. 819 505 loan of $5,000,000 for sewers, etc. Acts, Sec. 824 506, 507 New Sewerage Commission, — annual appropriations for cost of work; duty of Board of Estimates. Acts, Sec. §824f 515 — appointment of; composi- tion of; selection of ap- pointees to. Acts, Sec. §824a 507 — approval of ordinance authorizing loan. Acts, Sec. §824f 516 — chairman of; his compen- sation; to preside over meetings. Acts, Sec. §824a 509 — city stock to amount of 110,000,000 to be sold to defray cost of system; sinking fund e s t a b - lished. Acts, Sec. §824f 515 — compensation of members of. Acts, Sec. §824a 508 — confirmation of nomina- tions to, by Second Branch. Acts, Sec. §824a 507 — connections with system to be made by owners of property when portions of system are ready for service. Acts, Sec. §824g 516 SEWERS.— (Cont’d). New Sewerage Commission. — (Cont’d). — drainage connections to be maintained unob- structed; power of city to enforce observance of its regulations in re- lation to. Acts, Sec. §824g 516-517 — duties of commission; to have all necessary powers to perform its duties. Acts, Sec. §824b 509 — individuals and corpora- tions to adapt their buildings, structures and systems of conduits, mains, pipes and tracks to suit new system; pen- alty and procedure in case of failure of indi- viduals and corporations to compl}^; condemna- tions of franchises when necessary; cost of such changes to be borne by said individuals or cor- porations. Acts, Sec. §824d 512-513 — municipality’s right to ac- quire lands and prop- erty by gift, purchase, lease or by condemna- tion proceedings; notice of condemnation pro- ceedings and right of appeal . Acts, Sec. §824c 511-512 — municipal officials not eligible for appointment to. Acts, Sec. §824a 507 — New Sewerage Act — effect of on powers of City Engineer, Commis- sioner of Street Clean- ing and other city offi- cials; Commission to turn over completed portions of work to proper city officials, termination of life of Commission; City Librarian to preserve records of. Acts, Sec. §824h 517 SEWERS. SEWERS. Page 1576 Page SEWERS.— (Cont’d). New Sewerage Commission. — Cont’d). — “New Sewerage System Fund.” — sinking fund for re- demption of New Sewer- age loan ; premiums from sale of stock; levy of tax for interest and sink- ing fund. Acts, Sec. §824f 515-516 — organization and transac- tion of business; to have custody of maps, plats, etc., of old Commission. Acts, Sec. §824a 508 — owners to connect their premises therewith. Acts, Sec. §824g 516 — payment of items of cost and expense in connec- tion with system. Acts, Sec. §824f 515 — powers of. — preliminary investiga- tions. Acts, Sec. §824b 509 — to project and adopt sys- tem of sewerage. Acts, Sec. §824b 510 — to construct and estab- lish sewers of every kind, plants and appa- ratus for disposal of sewerage; place of con- struction; execution of deeds, etc. Acts, Sec. §824b 510 —to utilize present system when practicable in connection with new system of sewerage. Acts, Sec. §824b 510 — to appoint Chief Engi- neer; to employ pro- fessional and technical advisors and experts and all necessary agents and employes and to fix their compensation. Acts, Sec. §824b 511 — to frame, promulgate and enforce rules. Acts, Sec. §824b 511 — to make contracts. Acts, Sec. §824b 511 SEWERS.— (Cont’d). New Sewerage Commission. — (Cont’d). — to purchase and procure all necessary machin- ery, etc., this enumera- tion of powers not to restrict general powers of commission; pollu- tion of Chesapeake Bay and its tributaries for- bidden. Acts, Sec. §824d 511 — private drains and sewers; cost of adjusting same to be borne by city. Acts, Sec. §824d 515 — privies, sinks and cess- pools to be cleaned and abandoned, power of city to compel compliance, drainage connections, etc. Acts, Sec. §824g 516-517 — removal of appointees to Commission. Acts, Sec. §824a 508 — resignations from. Acts, Sec. §824a 508 — secretary of; compensation of; to record minutes and perform duties as- signed by Commission. Acts, Sec. §824a 509 — terms of Commissioners. Acts, Sec. §824a 507 — vacancies in. Acts, Sec. §824a 508 — work and supplies costing over |500 to be done by contract awarded under provisions of Secs. 14,15 of City Charter; provi- sions as to hours of labor and work by resi- dents of state. Commis- sion may do work by day labor; in which event merit system shall prevail in selection of appointees to do the work ; limitation as to residents of state; all bids may be rejected; bids to be referred to Commission when opened by Board of Awards; duty of Com- mission in the premises. Acts, Sec. §824e 513-514 SKWERS. 1577 shambles in markets. SEWERS.-(Cont’d). Notice, Page — by Commissioners before acting under ordinance to construct sewers, etc. Acts, Sec. 822 506 — of application for passage of ordinance authorizing construction, etc. Acts, Sec. 821 506 — to owners of construction of. Acts, Sec. 818 504 obstruction of, penalty. Acts, Sec. 817 504 — to construction of, removal of, at expense of owner. Ords. , Art. 33, Sec. 18..1072 Page SEWERS.— (Cont’d). Public Sewers, City Engineer authorized to enter to repair. Ords., Art. 35, Sec. 8.. ..1093 records of work on each sewer to be deposited with City Register on completion. Ords., Art. 33, Sec. 20.. 1072 regulation and repair of. Acts, Sec. 6 68 — of drainage. Acts, Sec. 6 68 salaries of chairman and members of Sewerage Com- mission . Ords., Art. 33, Sec. 26. ...1075 ordinances authorizing con- struction, etc., notice of application for. Acts, Sec. 821 506 — relating to construction, opening, etc., sewers. Acts, Sec. 818 505 per diem to commissioners and clerks. Ords., Art. 33, Sec. 19..1072 permits for constructing. Acts, Sec. 6 69 — private sewers to be given bv Cit}"- Engineer. Acts, Sec. 820 505 plans, etc., for construction of. City Engineer to pre- pare. Ords. , Art. 33, Sec. 22.. 1073 powers of city relating to construction, opening, etc. Acts, Sec. 818 504 Private Sewers. — application for permit for. Ords., Art. 33, Sec. 21..1073 — making same. — construction, etc., permit for. Ords., Art. 33, Sec. 24..1074 — permits for. Acts, Sec. 820 505 — repair of. Acts, Sec. 6 67 Sewerage Commission, sala- ries of chairman and mem- bers. Ords., Art. 33, Sec. 26....1075 specifications and plans for construction of. City En- gineer to prepare. Ords., Art. 33, Sec. 22....1073 survey of routes for, and construction of, by City Engineer. Ords., Art. 33, Sec. 21....1073 tapping permits, penalty for unauthorized tapping. Ords., Art. 33, Sec. 23....1073 tar or gas house refuse in, prevention, penalty. Ords., Art. 33, Sec. 25 1074-5 throwing waste matter into, unlawful, penalty. Ords., Art. 25, Sec. 95.... 990 SHADE TREES, injury to trees and boxes un- lawful, penalty. Ords., Art. 25, Sec. 107.. 994 note 994 SHAMBLES IN MARKETS, construction of, to be raised above pavements, penalty. Ords., Art. 23, Sec. 46..932-3 SHARES OF STOCK. SHERIFF. Page SHARES OF STOCK, collection of taxes levied on. Acts, Sec. §155a non-resident holders of. Acts, Sec. §155a valuation and assessment of same by Appeal Tax Court. Acts, Sec. §155a SHARP STREET, vehicles; stands for prohibited. Ords., Art. 4, Secs. 33-35, 691-692 SHAVINGS, FIRE PRECAU- TIONS, deposit on vacant lots, penalty. Ords., Art. 11, Sec. 66.... 758 SHEDS AND OBSTRUCTIONS IN OPENING, ETC., STREETS, See^ ^ Commissioners for Open- ing Streets. ’ ’ SHEDS, FRAME, AND WOODEN, BUILDINGS, See ‘ '‘Buildings, ' ’ sub-title ‘ '‘Frame Sheds and Wooden Buildings. ” • Ords., Art. 3, Secs. 87- 92 630-632 SHEEP, HOGS AND CATTLE, driving through streets. {See"‘ Cattle, Sheep and Swine, driving through streets. ’ ’ ) Ords., Art. 25, Secs. 11- 31 964-69 SHELLING STREETS, See '‘'‘Grading Streets.'" Acts, Sec. 6 74 SHERIFF, See '‘'‘Police Commissioners bond of liable for payment of fines to city. Acts, Sec. 442 305 capias; fees for return of. Acts, Sec. 334 SHERIFF.— (Cont’d). — indorsements thereon and re-issues. Acts, Sec. 333 277 — return of. Acts, Sec. 333 277 condemnation of property for public uses, services of summons and notice. Ords., Art. 8, Sec. 1 712 dispensaries to file report with, of number of patients. Acts, Sec. 440 305 distraint or execution for fees; notice of, necessary. Acts, Sec. 386 293 fees in condemnation proceed- ings. Acts, Sec. 6 91 fees of. — arrest on warrant in criminal cases. Acts, Sec. 825-. 518 — attachment for contempt and return. Acts, Sec. 825 518 fines and forfeitures, disposi- tion of. Acts, Sec. 438 304 — from violation of guaging law; accounting. Acts, Sec. 551 343 Grand Jury, summoning members. Acts, Sec. 604 361 houses of ill-fame; disposi- tion of fines imposed on keepers of. Acts, Sec. 439 305 jurors, drawing names from wheel. Acts, Sec. 605 364 — liability for fraud in draw- ing. Acts, Sec. 616 372 — summoning. Acts, vSec. 608 366 jury books, deposit with. Acts, Sec. 608 365 — in appeal from decision of Commissioners for Open- ing Streets. Acts, Sec. 179 196 1578 Page 177 177 176 277 SHERIFF. SINKING FUNDS. 1579 Page SHERIFF.— rCont’d). licenses, duties in regard to. (See ‘ 'Lice?ises, ’ ’ ‘ 'Duties oj Sheriff a?id Clerk of Court. ’ ’ ) officers may execute for fees. Acts, Sec. 384 292 — whose fees may be collected by execution. Acts, Sec. 385 292-293 per diem of for attendance at courts. Acts, Sec. 383 292 personating sheriff or deputy sheriff; penalty. Acts, Sec. 785 486 returns; penalty for failing to make. Acts, Sec. 338 278 unclaimed fines, payable to city by. Acts, Sec. 441 305 SHIPPING CATTLE BY WATER, driving restriction in streets relaxed, Ords., Art. 25, Sec. 20, 966 SHIPS, FIRES ON DECK AT NIGHT, prohibition, penalty. Ords., Art. 11, Sec. 63, 757 SHUFFLE BOARDS, licenses for. Ords., Art, 41, Sec. 6, 1197 SICK, HOSPITALS FOR, See "Hospitals." SICKNESS OF FIREMEN, pay during, proviso, certifi- cate of physician. Ords., Art. 11, Sec. 9, 739 SIDEWALKS, See ‘ 'Buildings ; ” "Foot- ways" and "Streets and City Engineer. ’ ’ Ords., Art. 3, Sec. 133, 651 Page SIGNAL BOXES, FIRE ALARM, in hotel, theatres, public halls, etc. Ords., Art. 11, Secs. 32- 33-34 748 SIGNS, bid-boards, etc. burnt district — restrictions relating to in deeds. Ords., Art. 1, Sec. 4, 572-573 — construction, permit for. Ords., Art 3, Sec. 76, 626-627 — burnt district property can- not be used for this pur- pose. City Code, Art. 1, Sec. 4 572-573 poles, wires, etc. — use of sidewalks and streets by. Acts, Sec. 6 79 SIGN-POSTS AND SIGNS, See "Permits." SINKING FUNDS, See ' ' City Register;' ’ ‘ 'Parks and Squares;' ' and ' 'Stocks, Loans, and Finance." accounts and books of. Ords., Art. 34, Sec. 18, 1083 annual report on by Commis- sioners of Finance. Ords., Art. 34, Sec. 11, 1079-1080 certificates purchased for, marking face of. Ords.. Art. 34, Sec. 11, 1079-1080 creation of. Acts, Sec. 6 71 investment of. Acts, Sec. 6 71 investments to remain separ- ate. Acts, Sec. 6 71 Paving Commission, pro- vision for. Acts, Sec. §841p 542 sewer loans and liabilities. Acts, Sec. 823 506 SKIDS AND SLIDING. 1580 SPARRING EXHIBITIONS. Page SKIDS AND SLIDING BOARDS, precaution in use of, penalty, proviso. Ords., Art. 25, Sec. 86, 987 SLAUGHTER AND HIDE HOUSES, cleanings of not to be depos- ited. Ords., Art. 14, Sec. 97, 827 complaints against, examina- tion into. Ords., Art 14, Sec. 195. 864 driving cattle to and from shipping points unlawful, except between. Ords., Art. 25, Sec. 23, : 966-967 erection of prohibited. Ords., Art. 14, Sec. 197, 865 manner of abating when a nuisance. Ords., Art. 14, Sec. 196, 865 notice of removal to owner of premises. Ords., Art. 14, Sec. 196, 865 SLEIGHS, See '‘'Vehicles.'' SLOP CARTS, footways, placing across for filling, etc. , prohibited, penalty. Ords., Art. 25, Sec. 54, 975 SMALL POX, See" Health" sub-title "Con- tagious and Infectious Di- seases'' and '‘'‘Quarantine Hospital. ' ' Ords., Art. 14, Secs. 10 31 799-805 on vessels. — quarantine regulations for, penalty for violation. Ords., Art. 14, Sec. 169, 853 SMOKE, See ‘ 'Health. ' ' Ords., Art. 14, Sec. 122.... 833 consumption of. Acts, Sec. 6. Page SMOKE.-(Cont’d). regulations. — enforcement of, by Com- missioner of Health. Ords., Art. 14, Sec. 125, 834 — violation of, penalty. Ords., Art. 14, Sec. 124, 834 in stables. — posting regulations in sta- bles. Ords., Art. 11, Sec. 56, 755 meat — restricted to special buildings for, penalty. Ords., Art. 25, Sec. 33, 969 SNOW, removal from sidewalks, duty of owner or occupant of premises, time limit, clear- ing gutters, penalty. Ords., Art. 25, Sec. 76, 983-984 removal from streets and markets by Commissioner of Street Cleaning. Ords., Art. 36, Sec. 2, 1140 1141 SOAP AND CANDLE MANUFACTORY, operation of, permitted with consent of Mayor and City Council, penalty without consent. Ords., Art. 14, Sec. 70, 818 permit to erect, notice of ap- lication for. Ords., Art. 14, Sec. 71, 818 SOLICITING PURCHASERS ON STREETS, interfering with passage along street in unlawful, penalty. Ords., Art. 25, Sec. 92, 989 SPARK CATCHERS, notice to install. Ords., Art. 3, Sec. 86 629 SPARRING EXHIBITIONS, permit required, penalty. Ords., Art. 25, Sec. 102, 992 .46 SPECIAL COMMISSIONERS. 1581 SPECIAL POLICE FUND. Page SPECIAL COMMISSIONERS, sewer opening, appointment of, instead of interested commissioners. Ords., Art. 33, Sec. 16, 1071 SPECIAL POLICE FUND,* annual report of trustees of fund to City Council in Oc- tober. Acts, Sec. 776 A.. 475 appropriation to meet defi- ciency in fund. Acts, Sec. 776C, §11 478 beneficiaries and participants of said fund. Acts, Sec. 776C, §9....477, 478 Board of Estimates to make appropriation for deficiency. Acts, Sec. 776C, §11 478 certificate of disability; no re- tiring salary to be paid ex- cept upon certificate as herein set forth. Acts, Sec. 776F 480 children of deceased mem- bers; allowance to out of fund. Acts, Sec. 776D 479 contribution of 2 % of salary by members of police force to be optional; members not contributing not to par- ticipate in fund. Acts, Sec. 776C, §9..477, 478 debts or claims against said funds or salaries payable therefrom unenforcible at law or in equity. Acts, Sec. 776B 475 deficiency in fund; how pro- vided for. Acts, Sec. 776C, §11 478 Page SPECIAL POLICE FUND.* — (Cont’d). execution; said fund and sal- aries therefrom exempt from execution. Acts, Sec. 776B 475 fraud or false representations in relation to fund or in the procurement of a share of it penalized; false oath or af- firmation in relation to, to be perjury. Acts, Sec. 776B 476 gifts or bequests to; Police Commissioners to be trus- tees of. Acts, Sec. 776C, §12 478 license or permit fees for pub- lic dances, soirees, mask balls, boxing or athletic contests or other public entertainments; penalty for failure to secure permit; regular dancing schools excepted; annual license for such schools. Acts, Sec. §776C, a, 479 matrons; conditions under which they shall participate in fund. Acts, Sec. 777A 481 monies and funds constituting the Special Police Fund. Acts, Sec. 776 474 — all monies to credit of fund and the increment there- of. Acts, Sec. 775C 476 — fines and forfeitures im- posed by Board. Acts, Sec. 776C 476 — reward, fees, gifts, testi- monials, emoluments paid to any member and all gifts and bequests to fund. Acts, Sec. 776C 476 *NoTE. — S ection 777 of City Charter relating to “Special Police Fund” is not indexed as it is almost identical in its provisions with Section 756 of the Charter (pp. 466, 467). Section 756 having been repealed and re- enacted by Acts, 1898, ch. 494, 1900, ch. 233 and 1902, ch. 81, it neces- sarily supersedes Sec. 777 in so far as the provisions of Section 777 are repugnant or in conflict with those of Section 756; Section 777 remains as enacted by Acts 1898, ch. 123. SPKCIAI, POLICE FUND. 1582 SPECIAL POLICE FUND. Page SPECIAL POLICE FUND. — (Cont’d), — lost, abandoned, unclaimed or stolen money and monies arising from sale of unclaimed, lost, aban- doned or stolen property. Acts, Sec. 776C 476 — monies, pay, compensa- tion or salaries forfeited, deducted or withheld from members. Acts, Sec. 776C 476 — from licenses, cer- tificates and permits is- sued and collected by Police Department. Acts, Sec. 776C 477 — for permits for public dances, soirees, masked balls, etc. Acts, Sec. 776C 477 — derived from two per cent, of semi-monthly pay or salaries of mem- bers of force entitled to participate in fund. Acts, Sec. 776C 477 — proceeds from share of liquor license monies pay- able to fund. Acts, Sec. 776C 477 — special appropriation to meet any deficiency in fund. Acts, Sec. 776C 478 ■ — unexpended balances of appropriations for sal- aries or compensation of members of police force. Acts, Sec. 776C 478 — Board may hold as trus- tees any gift or bequest to said fund. Acts, Sec. 776C 478 Moore, James M. — pension of. Acts, Sec. 780 483 not to be impaired by expen- ditures for patrol wagons. Acts, Sec. 770 472 penalty for fraud in relation to. Acts, Sec. 776B 476 SPECIAL POLICE FUND. — (Cont’d). powers of Board of Police Commissioners to carry out provisions of Act creating fund. Acts, Sec. 776F 480 public dances, soirees, mask balls, boxing or athletic contests or other public entertainments; licenses or permits for. Acts, Sec. §776C, a, 479 rules and regulations of trus- tees relating to. Acts, Sec. 776A 475 salaries of beneficiaries. Acts, Sec. 776A 475 — under Section 756 of Char- ter to be for life and not to be revoked, repealed or diminished save as therein provided. Acts, Sec. 776E 480 Secretary and Assistant Secre- tary of Board of Police Commissioners to partici- pate in fund; proviso re- lating to contributions by said officials. Acts, Sec. 777B 482 station-houses — new station- houses and ground therefor to be provided by monies from said fund. Acts, Sec. 779 483 superannuated members of police force; appropriations by city when Special Fund is insufficient to meet pay- ments authorized on be- half of such members. Acts, Sec. §777B, a 482 superintendent of matrons; to enjoy rights, privileges and benefits of fund. Acts, Sec. 777A 481 treasurer of fund- to be treas- urer of Board of Police Commissioners; bond of treasurer. Acts, Sec. 776A 475 SQUARES. SPECIAE POEICE FUND. 1583 Page SPECIAL POLICE FUND. — (Cont’d). trustees of fund; duties and powers of trustees in relation to the fund. Acts, Sec. 776A 475 — of fund to be Board of Police Commissioners. Acts, Sec. 776A 475 widows; allowance to widow of member killed in per- formance of duty or who died from injuries received in discharge of duty; same to children if there be no widow. Acts, Sec. 776D 479 — and children of members of police killed in dis- charge of duty; appro- priation for by city author- ized. Acts, Sec. §777B, a 482 SPECIFICATIONS FOR STEEL CONSTRUCTION, See ‘ 'Buildings' ’ sub-title ‘ 'Iron and Steel Construc- tion." Ords., Art. 3, Secs. 103- 112 634-642 SPECIFICATIONS OF CON- TRACTS, See ''Contracts." SPEED REGULATIONS, See ' ' Vehicles. ’ ’ SPEED OF HORSES AND VEHICLES, license; revocation for violat- ing regulations. Ords., Art. 41, Sec. 74..1223 SPEED OF VEHICLES, ETC., park regulations. Acts, Sec. 93 149 SPEEDY JUDGMENT ACT, See under ' ' Courts — Law Courts of Baltimore City. ’ ’ Page SPITTING ON SIDEWALKS, ETC., See "Health" sub-title "Ex- pectoration. ’ ’ Ords., Art. 14, Secs. 101-104 828-829 SPOUTING AND GUTTERS, penalty for failure to provide. Ords., Art. 3, Sec. 8 602 SPRINGS, pumps and fountains — erection and regulation of. Acts, Sec. 6 65 squares and monuments — condemnation of property for. Acts, Sec. 6 70 condemnation proceedings. Acts, Sec. 6 70 appeals therein. Acts, Sec. 6 70 assessments in. Acts, Sec. 6 70 notice of ordinance. Acts, Sec. 6 70 notice before taking action. Acts, Sec. 6 70 SPRINKLING AND SWEEP- ING STREETS, sprinkling required before sweeping, penalty. Ords., Art. 25, Sec. 55.... 975 railways required to sprinkle tracks. Ords., Art. 30, Sec. 28... .1025 — penalty for refusal. Ords., Art. 30, Sec. 29 1025-26 SPUTUM AND SALIVA, disposal of to prevent conta- gion. App. B, Sec. 1 1264 SQUARES, and parks — {See' 'Parks and Squares. ’ ’ ) standard. SQUARES. 1584 Page SQUARES.— (Cont’d). public — sheep not to be driven along. Ords., Art, 25, Sec. 12.... 964 springs and monuments — general powers. Acts, Sec. 6 69 — regulating, establishing and maintaining same. Acts, Sec. 6 69 STABLES, See ''' Buildings. cow stables — hygienic and sanitary regu- lations for. Ords., Art. 14, Secs. 33, 50 806-811 fire precautions — lamps in stables, penalty. Ords., Art. 11, Sec. 54.... 755 sheds used as, consent of property owners, Ords., Art. 3, Sec. 90 631 uncovered lamps in — posting regulations in , penalty. Ords., Art. 11, Sec, 56.... 755 STAIRWAYS, explosive and inflammable compounds under, and obstruction of, prohibited, penalty. Ords., Art. 25, Sec. 34, 969-70 STALLS IN MARKETS, See ^'Markets'' sub-title '■'Stalls, Stands and Benches.'" Ords., Art. 23, Secs, 43- 55 932-5 markets — Belair Market. Ords., Art. 23, Sec. 63.. 939 — Broadway. Ords., Art. 23, Sec. 69.. 940 — Canton Market. Ords., Art. 23, Secs. 70, 71 940-11 — Cross Street Market. Ords., Art. 23, Sec. 77.. 942 STALLS IN MARKETS. — (Cont’d). — Fells Pt. Market. Ords., Art. 23, Secs. 81- 83 943 — Hanover Market. Ords., Art. 23, Sec. 87.. 945 — Hollins Market. Ords., Art. 23, Sec. 92.. 946 — Lafayette Market. Ords., Art. 23, Sec. 96.. 947 — Lexington Market. Ords., Art. 23, Secs. 97- 99 947-48 — North East Market. Ords., Art. 23, Secs. 100- 105 945-50 — Richmond Market. Ords., Art. 23, Sees. 107, 108 950 movable and fixed stalls to be erected. Ords., Art. 23, Sec. 15.... 923 ratification of sales of hereto- fore made. Ords., Art. 32, Sec. 114.. 953 renting of by clerk of market; notice to be posted. Ords., Art. 23, Sec, 12.... 922 vacant stalls, etc. — when same may be occupied tem- porarily; licensee must consent to use. Ords., Art. 23, Sec. 22.... 926 STAMPING, gas meters — setting without, prohibited. Ords., Art. 20, Sec. 10.... 896 weights and measures — inspection and branding; symbol of. Ords., Art. 17, Sec. 10.... 879 STANDARD, screw of fire plugs, etc. — thread, openings, etc. Ords., Art. 11, Sec. 36.... 749 time — how determined and regu- lated. Ords., Art. 1, Sec. 52.... 588 weights and measures — United States Standard, to conform to. Ords., Art. 17, Sec. 7 878 STANDS FOR VEHICtKS. 1585 Page STATIONERY, PRINTING. Page STANDS FOR VEHICLES IN STREETS, See '‘^Vehicles." Mayor to designate; proviso. Ords., Art. 4, Sec. 32 691 STARR M. P. CHURCH, OF BALTIMORE CITY, exempt from taxes. note 547 STATE BOARD OF BOILER INSPECTORS, See ''Steam Boilers." examining engineers ^ to report to. Acts, Sec. 429 301 STATE COMPTROLLER, list of holders of city loans, copy to. Acts, Sec. 152 174 return of assessments of property to. Acts, Sec. 162 180 STATE LUNACY COMMIS- SION, Visitors of Tail may summons to examine convicts. Acts, Sec. §120a 163 STATE LIBRARY, ordinances and resolutions; copies to be furnished to. Ords., Art. 1, Sec. 26 579 STATE’S ATTORNEY, fee in removed cases. Acts’ Sec. 349 280 return of assessments to State Comptroller. — duty in rela- tion to. Acts, Sec. 163 180 STATE TAX COMMIS- SIONER, appeals from decision of, by city. Acts, Sec. §170a, ....187-188 — when to be taken. Acts, Sec. §170a, 187 — grounds of, to be stated. Acts, Sec. §170a 187 STATE TAXES, city loans — exemptions from. Acts, Sec. 154 175 — payment of, by City Register. Acts, Sec. 153-154 ....174-175 Collector of. Acts, Secs. 52-58A 129-32 daily deposits by Collector of State Taxes. Acts, Sec. 54 130 percentage of State Collector. Ords., Art. 38, Sec. 32... .1168 STATE TREASURER, auctioneer’s license. Acts, Sec, 249 235 deposit of State taxes. Acts, Sec. 54 130 examination of books of col- lector of State taxes. Acts, Sec. 55 131 prosecution for penalties against auctioneers. Acts, Sec. 249 235 STATION HOUSES, See ‘ 'Police Commissioners'' ’ cost of, to be paid out of “special fund” of Police Commissioners. {See' 'special Police Fund. ’ ’) Acts, Sec. 779 483 justices for. {See ' 'Justices of the Peace. ’ ’ ) STATIONARY ENGINEERS, See '' Examining Efigineers." STATIONERY, PRINTING AND SUPPLIES, contracts- {See "Librarian" and "Public Printer."') appointment of Joint Stand- ing Committee on, duties. Ords., Art. 29, Sec. 1 1008 contracts for stationery for schools. Acts, Sec. 99 153 school supplies. Acts, Sec. 99. 153 STATUTES. steam boilers. 1586 Page STATUES, Art Commission to approve. Acts, Sec. 202 207 STAY OF LEVY, See "''City Collector" and ‘ ‘ Taxes. ’ ’ Acts, Sec. 170 186 STEAM BOILERS, annual inspection by inspect- ors. Acts, Sec. 577 351 certificates of engineer s — withdrawal of for incom- petency or intemperance. Acts, Sec. 581 353 certificate of inspection — con- tents of ; to be framed un- der glass and posted. Acts, Sec. 577 351, 352 — failure to display, penalty. Acts, Sec. 580 353 — penalt}* for issue without inspection. Acts, Sec. 577 352 — revocation or re-rating of if boiler deteriorates. Acts, Sec. 578 352 condemned boilers — penalty against owner for using. Acts, Sec. 578 352 examination of boiler engi- neers by inspectors. Acts, Sec. 581 353 I fees for inspections — account to be kept and annual report made. Acts, Sec. 583 354 — in excess of office expenses; accounting. Acts, Sec. 584 354 — to be paid by owner. Acts, Sec. 582 353-354 fines and penalties, recovery of. Acts, Sec. 589 355 inspectors of — districts. Acts, Sec. 573 349-350 — duties, oath and bond of inspectors. Acts, Sec. 572 349 Page STEAM BOILERS.— (Cont’d). — neglect of duties ; penalty. Acts, Sec. 587 355 — offices of. Acts, Sec. 574 350 — salaries of inspectors. Acts, Sec. 584 354 tests of — specifications of tests. Acts, Sec. 577 351 installation of, subject to per- mission of Mayor and City Council of Baltimore. Acts, Sec. 585 354 insurance companies — may inspect ; such inspection to exempt owner from re- quirements of this act if in conformity therewith. Acts, Sec. 586... 354-355 — to have resident inspector. Acts, Sec. 586 354 notice of inspection ; owners to prepare for and assist in inspection. Acts, Sec. 576 380 owner to report location of boilers ; penalty for failure. Acts, Sec. 575 350 penalty for use without in- spection . Acts, Sec. 580 353 quarterly examination in ad- dition to annual inspection. Acts, Sec. 578 352 record of inspections ; data to be recorded. Acts, Sec. 583 354 re-examination of, by review- ers. Acts, Sec. 579 353 re-examination where owner is aggrieved by decision of inspector condemning boil- er. Acts, Sec. 579 352-353 reports from owners of boil- ers ; notice by inspectors. Acts, Sec. 574 350 requirements of steam boilers under tests by inspectors. Acts, Sec. 577 351 STEAM BOILERS. 1587 STOCKS, LOANS, ETC. Page STEAM BOILERS.— (Cont’d). unlawful pressure — penalty for maintaining. Acts, Sec. 580 353 vacancy in office of inspector. Acts, Sec. 588 355 water charge for. Ords., Art. 41, Sec. 56... .1218 STEAM, GAS AND GASO- LINE ENGINES AND MACHINERY, See ‘ ''Inspector of Buildings . ’ ’ Ords., Art. 3, Secs. 138- 149 ......652-657 STEAM WHISTLES, blowing of, hours when pro- hibited, penalty, exception. Ords., Art. 25, Sec. 6 .... 963 STEEL AND IRON CON- STRUCTION, See ''' Buildhigs;'" sub-title '‘''Iroji and Steel Construc- tion.''' Ords.. Art. 3, Secs. 103- 112 634-642 STENOGRAPHERS OF COURTS, assistants, compensation. Acts, Sec. 382 292 duties of. Acts. Secs. 379-380 290 Judges of Supreme Bench to appoint court stenog- raphers. Acts, Sec. 379 290 notes of judicial proceedings, if necessary, may be taxed as part of costs. Acts, Sec. 380 290 Orphans’ Court — appointment, duties, notes and compensation. Acts, Sec. 381 291-292 — assistant to stenographer. Acts, Sec. 382 292 qualifications of. Acts, Sec, 380 290 Page STENOGRAPHERS OF COURTS.— (Cont’d). salaries of court stenog- raphers. Acts, Sec. 379 290 term of office. Acts, Sec. 380 290 STEVEDORES. See "'Licenses." STICK WOOD, See ‘ ‘ Wood. ’ ’ STOCK, loans — (ySee "State Ta.res.") — holders of certain loans not allowed set-off. note 175 — set-off to taxes on, note 173 -175 certificates of; city stock — {See ‘ 'Stocks, Loans and Fhiance" sub-title "City Stock."') clerk — — appointment and duties of. {See ' ‘ City Register. ’ ’ ) Ords., Art. 6, Sec. 26.... 707 debt of city — —tax on prohibited. {See "Stocks, Loans and Finance.") Ords., Art. 38, Sec. 12. .1160 owned by corporations — set-off to taxes, when allowed, note 173 STOCKS, LOANS AND FI- NANCE, See ' ‘ A ssessments; ” “ City Register;" "Commis- sioners op Finance; ’ ’ ‘ 'Damages;' ' ' ' McDonogh Educational Fund;" ' ' Open i ng, etc. , Streets; ' ' "Sewers" and "Sinking Funds." Annex Improvement Loan. {See "Streets, Bridges and Highways . ' ' ) STOCKS, loans; etc. STOCKS, LOANS, ETC. 1588 STOCKS. LOANS, AND FlNANCE.-(Cont’d). Baltimore and Eastern Shore Railroad — endorsement of bonds of, proviso. Acts, Sec. 826 518-519 bonds of Baltimore and East- ern Shore Railroad. Acts, Sec. 826 519 Burnt District Improvement Loan. App. A, Sec. 32 1260 city stock — — assessments of damages by Burnt District Commis- sion, to be invested in. App. A, Sec. 17 1252 — signing of. Acts, Sec. 41 121 — McDonogh Institute Fund, issue of $1,000,000 there- for. Acts, Sec. 816 502-503 — Peabody Institute Fund. Acts, Sec. 816 503 — sewer opening, investment of, damages in. Ords., Art. 33, Sec. 14..1071 Commissioners of Finance, — accounts and books of sinking fund. Ords., Art. 34, Sec. 18....1082 1083 — of, annual report to councils. Ords., Art. 34, Sec. 14 1081 — application for renewal of lost certificates, notice of. Ords., Art. 34, Sec. 5....1078 — of money received for certificates. Ords., Art. 34, Sec. 3..1077 — appropriation to pay inter- est on city stock. Ords., Art. 34, Sec. 9....1079 — bond of applicant for re- newal of lost certificates. Ords., Art. 34, Sec. 7. ...1078 — books and accounts of. Ords., Art. 34, Sec. 14..1081 — certificates of stock, form of. Ords., Art. 34, Sec. 1....1076 1077 STOCKS, LOANS AND FINANCE.— (Cont’d). Comnissioners of Finance. —(Cont’d). — chronological list of issues of stock. Ords., Art. 34, Sec. 19....1083 — city stock, form of certifi- cate. Ords., Art. 34, Sec. 1....1076 1077 — consolidation of certificates of stock. Ords., Art. 34, Sec. 17....1082 — debt of city, payment of. Ords., Art. 34, Sec. 13._..1081 — destroyed or lost certifi- cates, renewal of. Ords., Art. 34, Sec. 5. ..1078 — fractional certificates, trans- fer of. Ords., Art. 34, Sec. 2....1077 — ground rents, investments in, for sinking fund. Ords., Art. 34, Sec. 16....1082 — investments for redemption of stock. Ords., Art. 34, Sec. 11....1079 — interest on city stock, faith of city pledged for pay- ment of. Ords., Art. 34, Sec. 8....1079 — Ordinance of Estimates to provide for payment of. Ords., Art. 34, Sec. 9..1079 — payment of. Ords., Art 34, Sec. 10 1079 — issue of certificates con- ditional on payment for. Ords., Art. 34, Sec. 2....1077 — and sums of certificates. Ords., Art. 34, Sec. 2..1077 — leases of city property, pro- ceeds of to sinking fund. Ords., Art. 34, Sec. 12..1079 — list of issues of stocks and bonds. Ords., Art. 34, Sec. 19..1083 — of stockholders to be prepared annually. Ords., Art. 34, Sec. 4..1078 — loan and transfer books for registry of stock. Ords., Art. 34, Sec. 4....1078 — loans, investment of pre- mium on in sinking fund. Ords., Art. 34, Sec. 15..1081 1082 STORES. Page STOCKS, EOANS, ETC. 1589 Page STOCKS, LOANS AND FINANCE. -(Cont’d). Commissioners of Finance. — (Cont’d). — lost or destroyed certifi- cates. renewal of. Ords., Art. 34, Sec. 5....1078 — oath of applicant for re- newal of lost certificates. Ords., Art. 34, Sec. 6....1078 — premium on loans, invest- ment of , in sinking fund. Ords., Art. 34, Sec. 15. .1081 1082 —public debt, payment of. Ords., Art. 34, Sec. 13..1081 — redemption of city stock. Ords., Art. 34, Sec. 11....1079 — renewal of lost certificates. Ords., Art. 34, Sec. 5... .1078 — rents of city property, application to sinking fund, Ords., Art. 34, Sec. 12....1079 — report to councils on sink- ing fund. Ords., Art. 34, Sec. 11....1079 — sinking fund. Ords., Art. 34, Secs. 15- 18 ...1081-1083 — transfer books, closing for preparation of lists of holders. Ords., Art. 34, Sec. 4....1078 Electrical Commission. — conduits, extensions, to. Acts, Sec. §826a 519-20 — loans to provide for con- duits. Acts, Sec. §826a 519-20 — note 520 — ordinance authorizing loan, approved of. Acts, Sec. §826a 519-20 — general powers relating to loans and finance. Acts, Sec. 6 71 — interest on loans. Acts, Sec. 6 71-72 — investment of sinking fund. Acts, Sec. 6 71 municipal lighting plant. — approval of voters for. Acts, Sec. §826b 520-521 — ordinance authorizing issue of stock for. Acts, Sec. §826b 520 STOCKS, LOANS AND FlNANCE.-(Cont’d). Commissioners of Finance. — (Cont’d). — stock issue for. Acts, Sec. §826b 520 park improvement loan. {See '"'Parks and Squares.'’’^ Paving Commission and $5,- 000,000 paving loan. {See ‘ 'Streets, Bridges and High- ways. ’ ’ ) payment of taxes on city stock . Acts, Sec. 6 71 sinking funds. Acts, Sec. 6 71 temporary loans; City Register may make. Ords., Art. 6, Sec. 24.... 706 STOCK YARDS, erection of, prohibited; pen- alty. Ords., Art. 14, Sec. 77.. 820 STOP-OVER ON TICKETS, See "Railroads." STOPPING OF STREET CARS. stop at engine and hook and ladder houses. Ords., Art. 30, Secs. 35- 36 1027-8 stop on far side; penalty. Ords., Art. 30, Secs, 33- 34 1027 STORAGE OF OILS, See "Fire Regulations" and "Oils and F'luid Illumi- nants." STORAGE TANKS FOR GASO- LINE, See "Fire Regulations." requirements for. Ords., Art. 11, Sec. 76.. 762 STORES, enticing purchasers from pro- hibited, penalty. Ords., Art. 25, Sec. 94.... 989 520 STREET CEEANING. STORES AND WAREHOUSES. 1590 Page STORES AND WAREHOUSES, gunpowder in. — sign on outside of. Ords.jArt. 11, Sec. 82.... 765 STORING, oyster shells, when prohibited. Ords., Art. 14, Sec. 120.. 833 STORING EXPLOSIVES, gunpowder, — quantit}' to be kept. Ords., Art. 11, Sec. 81.. 764 sign on building. Ords., Art. 11, Sec. 71.. 760 STOVES USING GASOLINE, See "‘Fire Regulations." specifications for, sale of, reg- istry of dealers, permit, fee. Ords., Art. 11, Sec. 77.... 763 STRAIGHTENING SEWERS, See "Sewers." STRAW AND HAY, keeping for sale, buildings for, penalty. Ords., Art. 11, Sec. 61..756-7 weighing and inspection of, i^See Inspections, Weights and Measures. ’ ’ ) STREET BANDS, parades of, on Sabbath unlaw- ful, penalty, proviso. Ords., Art. 31, Sec. 4....1041 STREET CARS, See "Railroads and Rail- ways." fenders on. Acts, Sec. 6 66 speed of. Ords., Art. 30, Sec. 30....1026 STREET CLEANING. Commissioner of, — appointment, duties, salary. Acts, Sec. 83 143 — ashes, collection and re- moval of. Ords., Art. 36, Sec, 2..1140-1 — contracts for removal of. Ords., Art. 36, Sec. 4.. 1141-2 — Baltimore Sanitary Contract- ing Company, contract with. Ords., Art. 36, Sec. 5 1142 — Baltimore street, flushing with water. Ords. , Art. 36, Sec. 7 1143 — bond of. Ords., Art. 36, Sec. 1 1140 — “Burnt District,” powers relating to. App. A, Sec. 31 1259-1260 — canning house refuse, con- tracts for removal of. Ords., Art. 36, Sec. 4....1142 — daily reports by district superintendents. Ords., Art. 36, Sec. 2... 1141 — dead animals, contracts for removal of. Ords., Art. 36, Sec. 5 1142 — digging up and restoration of street surface, penalty. Ords., Art. 36, Sec. 8....1143 — district superintendents. Commissioner to super- vise work of. Ords., Art. 36, Sec. 3 1141 — duties of. Ords., Art. 36, Sec. 2....1140-1 — flushing Baltimore street with water. Ords., Art. 36, Sec. 7....1143 — streets, authority for. Ords., Art 36, Sec. 6—1142 — garbage, collection and re- moval of. Ords., Art. 36, Sec. 2..1140-1 — contracts for removal of. Ords., Art. 36, Sec. 4..1141-2 — inspection of streets to be made weekly. Ords., Art. 36, Sec. 3....1141 — markets, removal of snow from. Ords., Art. 36, Sec. 2, 1141-1142 — member Board of Public Safety. Acts, Sec. 68. standing on tracks forbidden. Ords., Art. 30, Sec. 37....1028 137 STREET CLEANING. 1591 STREET EXHIBITIONS. Page STREET CLEANING.— (Cont’d). Commissioner of. — (Cont’d). — Paving Commission, duties not affected by. Acts, Sec. §841s 544 — restoration of street sur- face by persons diggingup same, penalty. Ords., Art. 36, Sec. 8 1143 — snow, removal of from crossings, markets, etc. Ords., Art. 36, Sec. 2.. 1140-1 — removal from sidewalks. Ords., Art, 25, Sec. 76, 983-984 — subordinates, appointment of, compensation of. Acts, Sec. 83.. 143 — district superintendents to report daily to Com- missioner. Ords., Alt. 36, Sec. 2. .1141 Garbage, Removal of, — ashes and kitchen offal in separate vessels, penalty. Ords., Art. 36, Sec. 9 1143-4 — boxes for, at street corners, individuals may place. Ords., Art. 36, Sec. 10.... 1144 — carts for collection of, to be covered. | Ords., Art. 36, Sec. 12....1144 — covered vehicles for re- moval of dead animals. Ords., Art. 36, Sec. 11. ...1144 — dead animals, removal of. Ords.,x\rt. 36, Sec. 11.... 1144 — definition of “Garbage.’’ Ord.«., Art. 36, Sec. 9 1144 — dirt and manure from streets, penalty for removal of. Ords., Art. 36, Sec. 13.... 1145 — garbage carts, requirements for. Ords., Art. 36, Sec. 12... .1144 — garbage defined. Ords , Art. 36, Sec. 9. ...1144 — housekeepers, duty of in . placing garbage, etc., for collection. Ords., Art. 36, Sec. 9....1143 — manure and dirt from streets, penalty for re- moval of. Ords., Art. 36, Sec. 13..1145 note 1144 — receptacles for garbage, housekeepers to provide. Ords., Art. 36, Sec. 9..1143-4 Page STREET CLEANING.— (Cont’d). Garbage, Removal of. — (Cont’d). — removal of dirt and manure from streets without au- thority, penalty. Ords., Art. 36, Sec. 13..1145 superintendents of streets, — districts, division of City into. Ords., Art. 36, Sec. 14....1145 — duties of; subordinates of Commissioner. Ord., Art. 36, Sec. 15 1145 — fines and penalties, recov- ery of. Ords., Art. 36, Sec. 19....1147 — footways, etc., removal of snow and ice from. Ords., Art. 36, Sec. 15, 1145-4<> — hours of labor for street cleaners. Ords., Art. 36, Sec. 15.... 1145-46 — ice and snow, removal from squares, etc. Ords., Art. 36, Sec. 15.... 1145-46 — offal at markets, removal of on Sunday. Ords., Art. 36, Sec. 18....1147 — orders of Commissioner, execution of. Ords., Art, 36, Sec. 17.... 1147 — paymaster of street cleaners, bond, duties. Ords., Art. 36, Sec. 16 ...1146 STREET CROSSINGS, See '‘'Railroads and Rail- ways d' cars of railroads not to obstruct; penalty. Ords., Art. 30, Sec. 4 1017 speed of cars at. Ords., Art. 30, Sec. 32. ...1026 STREET DIRT, See "'Garbage and Street Dirt" and "Street Clean- ing:' STREET EXHIBITIONS, See ‘ 'Police Regulations." license of. Acts, Sec. 6. 61 strkkt fakirs. 1592 strfets and city eng’ r. STREET FAKIRS VENDERS, See Police Regulations."' prohibited; penalty. Ords., Art. 25, Sec. 112, 995-996 STREET LAMPS, See ''Lamps and Lighting." placing and removal of screens for. Ords., Art. 20, Sec. 21, 899-900 screens over, permit for on application. Ords., Art. 20, Secs. 19, 20 899 STREET RAILWAYS, See "Park Tax" and" Rail- roads and Raihvays." in annex — {See ' Park Tax" and "Rail- way Easements in A nnex. ’ ’ ) all night cars; hours during which to be run. Ords., Art. 30, Sec. 22....1022 fares on — {See "Railroads a^id Rail- ways . ” ) rails to be laid on bridges. Ords., Art. 30, Sec. 23.... 1023 repair of streets by; space to be kept in repair; penalty for failure. Ords., Art. 30, Sec. 24....1024 franchises for — repair of streets to be a con- dition of grants thereof. Ords., Art. 30, Sec. 25....1024 tracks of — Paving Commission, paving Acts, Sec. §841r 544 — streets on which prohibited . {See ' 'Prohibiting Tracks on Certam Streets. ’ ’ ) Page STREETS, See "Streets and City Engi- neer;" "Streets^ Bridges a7id Highways;' ' ' ' Grad- ing, Paving, etc., Streets;" "Opening, Closing, etc.. Streets;' ' ' ' Commissioners for Ope7iing Streets ;" "Health;" "Nuisances;" "La7nps and Lightmg;" ‘ ‘ Electricat Commission a7id Subways;" "Paving, etc.. Streets; " " Topogrdphica I SuTuey" and "Board of Estif nates. ' ' STREETS AND CITY ENGINEER, See ' 'Streets, Bridges and Highways;' ' ' ' Advertise- 7ne7its;' ' ' 'A Pfeals;' ' "As- sessme7its;" "Be7iefits;" "Board pf Estifnates;" ' ' City Collector; " " City Council;' ’ ‘ ‘ City Register; ' ' ' ' City Solicitor; " " Co7n- 7nissio7ters for Opening Streets;' ' " Conde7nnation of Property;" " Da7nages;" "Fire;" "Fire Regula- tions ;f "Electrical Com- 7nission and Subways;" ' ' Gradmg, Pavhig, etc. , Streets; ' ' ' 'Health; ' ' ' 'In- spectio 7is Weights and Measures ;" "Lamps a7id Lightmg;' ' ' 'Licenses;' ’ "Markets;" "Nuisances;" ' ' Openmg, Closing , etc. , Streets; " " Paving, etc. , Streets;" "Police Comtnis- sioners;' ' ' 'Police Regula- tions;" "Railroads attd Raihvays ;" "Sewers;" ' ' Taxes; " " Topog raphical Su7'vey;" "Vehicles" and ' ' Water. ' ’ annex footways, Ords., Art. 35, Sec. 29....1101 annual report of City Engi- neer; data relating to opening, etc., of streets to be given therein. Ords., Art. 35, Sec. 2 1902 asphalts which may be used for paving under ordinances, Ords., Art. 35, Sec. 101..1130 STREETS AND CITYENG’R. 1593 STREETS AND CITY ENG’R. Page STREETS AND CITY ENGINEER.— (Cont’d) . assessments for work of grading, paving, etc. Ords., Art. 35, Sec. 92....1126 Bermuda asphalt or any other asphalts equally good may be used in re-paving. Ords., Art. 35, Sec. 101..1130 bids and contracts for paving authorized by ordinance. Ords., Art. 35, Sec. 91....1126 bond of City Engineer. Ords., Art. 35, Sec. 3 1092 — of Assistant City Engineers. Ords., Art. 35, Sec. 3 1092 bridges; repair of same on approval by Mayor. Ords., Art. 35, Sec. 9 1093 cobble stone pavements, pro- hibited. Ords., Art. 35, Sec. 77....1120 construction, paving and curbing of streets; duty of City Engineer. Acts, Sec. 86 144 contracts for paving, etc. , authorized by ordinance. Ords., Art. 35, Sec. 91....1126 corporations using streets. — replacement and restoration of street surface by, pen- alty. Ords., Art. 35, Sec. 114..1136 —City Engineer to repair streets and collect cost from same on default of same. Ords., Art. 35, Sec. 115, 1136-37 crossings of streets, flag and flag stones; materials for to be selected by City Engineer. Ords., Art. 35, vSec. 18....1096 — contracts to specify such materials. Ords., Art. 35, Sec. 18....1096 — vitrified block to be used for in paving under con- tracts . Ords., Art. 35, Sec. 18....1096 Page STREETS AND CITY ENGINEER.— (Cont’d). documents and official papers; heading of. Ords., Art. 35, Sec. 4 1092 duties and authority of City Engineer — bids for work; public writings to be pre- served. Ords., Art. 35, Sec. 1 1091 — journals of proceedings re- lating to condemnation, etc., to be kept. Ords., Art. 35, Sec. 1 1091 — matters to be recorded therein. Ords., Art. 35, Sec. 1....1091 —return of same to City Register. Ords., Art. 35, Sec. 1....1091 excavations to be filled in compactly — penalt3^ Ords., Art. 35, Sec. 113. .1135 flag and stepping stones to be provided bv City Engineer. Ords., Art. 35, Sec. 83....1122 Footways, — Burnt District; permits for paving of. Ords., Art. 35, Sec. 13. ...1094 — drainage under sidewalks. Ords., Art. 35, Secs. 32- 36 1102-1105 — ^grading of annex footwa}^s. Ords., Art. 35, Sec. 30....1101 — paving of required by City Engineer. Ords., Art. 35, Sec. 28.... . 1100-1101 — penalty for failure to re- pair. Ords., Art. 35, Sec. 26.. 1100 — repair after notice by City Engineer. Ords,, Art. 35, Sec. 22 ...1098 — specifications for, in Burnt District. Ords., Art. 35, vSec. 14....1095 — repairs, payment of by City Register. Ords., Art. 35, Sec. 25..1099 Grade Lines, — building permits not to be issued until established. Ords., Art 35, Sec. 51....1109 STREETS AND CITY ENG’r. 1594 STREETS AND CITY ENG’r. Page STREETS AND CITY ENGINEER.— (Cont’d). Grade Lines. — (Coiit’d). — buildings to conform to. Ords., Art. 35, Sec. 52....1109 — chart of to be made and filed, Ords., Art. 35, Sec. 51....1109 — City Surveyor to establish or change when directed by City Engineer. Ords., Art. 35, Sec. 41....1105 — collection of costs of estab- lishment and changes. Ords., Art. 35, Sec. 40....1105 — cost of establishment and changes. Ords., Art. 35, Secs 40- 44 1105-1106 — establishment of by proper officer before building permits are granted. Ords., Art. 35, Sec, 50.. ..1108 — on application of owner. Ords., Art. 35, Sec. 39, 1104-1105 — notice to City Surveyor of ordinance, Ords., Art, 35, Sec. 41....1105 — penalty for building not in conformity with ; duty of Inspector of Buildings. Ords., Art. 35, Sec. 53....1109 — private alleys ; establish- ment or change of lines of ; cost of. Ords., Art, 35, Sec. 45.... 1106-1107 — record of establishment and changes to be kept by City Engineer. Ords., Art, 35, Sec. 40....1105 Grades of Streets, — appeals from decisions of City Engineer, ' Ords., Art. 35, Sec. 47.... 1107, 1108 — from establishment of ; expenses of. Ords., Art. 35, Sec. 49..1108 — bond of appellants from decisions of City Engi- neer. Ords., Art. 35, Sec. 48....1108 Grading, Paving, etc., Streets, (See "'Grading, Paving, etc. Streets. ’ ’ ) Page STREETS AND CITY ENGINEER.— (Cont’d). Grading, Paving, Etc., in An- nex (By City.) — advertisement of notice of application for, Ords., Art. 35, Sec. 63.... 1113 — of deposit of proceedings. Ords., Art. 35, Sec. 68....1116 — of review of assessments. Ords., Art. 35, Sec. 67....1115 — appeals — notice of right. Ords., Art. 35, Sec. 68....1116 — application of owners for — Mayor may sign for city property. Ords., Art. 35, Sec. 64.. ..1113 — who may sign as such. Ords., Art 35, Sec. 64.. ..1113 — assessments — accounting of moneys collected for. Ords,, Art. 35, Sec. 72. ...1117 — collection of ; proceedings for. Ords., Art. 35, Sec. 71....1117 — corrected list of to be filed with City Register. Ords, , Art, 35, Sec. 67....1115 — correction of. Ords.,x\rt. 35, Sec. 67....1115 — hearing for review of. Ords., Art. 35, Sec. 67....1115 — of expense on owners pro rata with front feet. Ords., Art. 35, Sec. 62. ...1113 —petition for review to Baltimore City Court. Ords., Art. 35, Sec. 70.. ..1116 — transfer of list to City Collector for collection. Ords., Art. 35, Sec. 71... .1117 — written or printed notice of, to be served on owners. Ords., Art. 35, Sec. 69....1116 — benefits ; assessments for — to be liens. Ords., Art. 35, Secs. 66, 67 1115, 1116 — w^hen payable. Ords., Art. 35, Sec. 71 ....1117 — payment may be de- ferred. Ords., Art. 35, Sec. 66.. ..1114 — review of Baltimore City Court — petition of own- ers. Ords., Art. 35, Sec. 70....1116 STREETS AND CITY ENG’r.. 1595 STREETS AND CITY ENG’R. Page STREETS AND CITY ENGINEER.— (Cont’d). Grading, Paving, Etc., in An- nex (By City.) — (Cont’d). — Commissioners for Open- ing Streets ; powers as to such paving. Ords., Art. 35, Sec. 62.... 1112, 1113 — cross streets ; city to pay cost of. Ords., Art. 35, Sec. 65....1114 — deposit of proceeding with City Register ; ad- vertisement of notice. Ords., Art. 35, Sec. 68....1116 — fund created by Act. 1904, ch. 274. Ords., Art. 35, Sec. 72....1117 — notice of application of owners for. Ords., Art. 35, Sec. 63....1113 — notice of assessments. Ords., Art. 35, Sec. 69....1116 — of review of assessments. Ords., Art. 35, Sec. 67... 1115 — owners of majority of front feet ma}^ request ; duty of Commissioners for Open- ing Streets in such cases. Ords., Art. 35, Sec. 62.... 1112, 1113 — sidewalks ; cost of. Ords., Art. 35, Sec. 62....1113 —tax for expense of against owners pro rata with front feet. Ords., Art. 35, Sec. 65....1114 Same (By Owners.) — area to be paved; minimum area. Ords., Art. 35, Sec. 73....1118 — bond of indemnity from owners. Ords., Art. 35, Sec. 73, 1118-1119 — cross streets; paving by city. Ords., Art. 35, Sec. 73....1118 — owners to select paving, etc., and to grade and pave at their own ex- pense. Ords., Art. 35, Sec. 73 .1118 — uniform paving required. Ords., Art. 35, Sec. 73....1118 Page STREETS AND CITY ENGINEER.— (Cont’d). Same in Annex (on Applica- tion of Owners.) Ords., Art. 35, Sec. 54....1110 — application for, Mayor may sign on behalf of city. Ords., Art. 35, Sec. 59... .1111 — application for; who may sign as owners. Ords., Art. 35, Sec. 57....1111 — contracts for; advertise- ments for proposals. Ords., Art. 35, Sec. 56, 1110-1111 — contractor; payment of. Ords., Art. 35, Sec. 75, 1119-1120 — cross streets; expenses for grading, etc. Ords., Art. 35, Sec. 60....1112 — curbstones, when not re- quired. Ords., Art. 35, Sec. 58....1111 — notice of application by ad- vertisement. Ords., Art. 35, Sec. 55....1110 — selection of kind of pave- ment by owners. Ords., Art. 35, Sec. 61....1112 — tax for — assessment of, against owners. Ords., Art. 35, Sec. 74....1119’ — collection of by City Col- lector. Ords., Art. 35, Secs. 75-76 1119-1120 — cost of paving, etc., as- sessment of. Ords., Art. 35, Sec. 74..1119' — list of owners liable for. Ords., Art. 35, Sec. 75..1119 — notice to persons as- sessed . Ords.', Art. 35, Sec. 76..1120 Grading, Paving, etc.. Under Ordinances, — ^appeals from assessments for. Ords., Art. 35, Sec. 96....1128 — assessment for; collection of. Ords., Art. 35, Sec. 98....1129 — list of assessments, cor- rection of. Ords., Art. 35, Sec. 93.1127 — cost of, apportionment by City Engineer. Ords., Art. 35, Sec. 92....1126 STREETS AND CITY ENG’r, 1596 STREETS AND CITY ENG’r. Page STREETS AND CITY ENGINEER.— (Cont’d). Grading, Paving, etc.. Under Ordinances. — (Cont’d) . — excess of expenses over as- sessments for; payment of. Ords., Art. 35, Sec. 99....1130 — lien of assessments for costs. Ords., Art. 35, Sec. 93....1127 — notice of apportionment of cost by advertisement. Ords., Art. 35, Sec. 93....1127 — of assessments for, pro- viso. Ords., Art. 35, Sec. 95..1128 — of right to appeal from apportionment of costs. Ords. , Art. 35, Sec. 94..1128 — review and correction of ap- portionment of costs. Ords., Art. 35, Sec. 93....1127 — refund to owners for assess- ments paid under void ordinances. Ords., Art. 35, Sec. 97....1129 — where assessments are excessive. Ords., Art. 35, Sec. 100 1130 — void ordinances; duty of Comptroller and City Register to refund assess- ments paid. Ords., Art. 35, Sec. 97. ..1129 — work of; when begun. Ords., Art. 35, Sec. 100... .1130 grading, paving, etc., private alleys in state of nuisance. Ords., Art. 35, Sec. 45, 1106-1107 gutter plates; weights to be stamped on. Ords., Art. 35, Sec. 11....1094 inspections; deposits of money for cost of inspection of work of private parties. Ords., Art. 35, Sec. 10, 1093-94 — work to be inspected. Ords., Art. 35, Sec. 10..1094 labor for city work; employ- ment of skilled labor au- thorized. Ords., Art. 35, Sec. 5....1092 — how to be obtained. Ords., Art. 35, Sec. 7. ...1093 Page STREETS AND CITY ENGINEER.— (Cont’d). — registered voters to be given , preference. Ords., Art. 35, Sec. 6. ...1093 lines of streets. — appeals from decision of City Engineer; appoint- ment of arbitrators; pro- cedure of appeals. Ords., Art. 35, Secs. 47, 49 1107-1108 — bond of appellant in appeals from decisions of City Engineer. Ords., Art. 35, Sec. 48..1108 — buildings not to be erected until lines established. Ords., Art. 35, Sec. 46.... 1107 — City Engineer to establish. Ords., Art. 35, Sec. 46....1107 macadamizing permitted in “Annex.” Ords., Art. 35, Sec. 82....1122 mains and sewers; construc- tion of in alleys when prac- ticable. Ords., Art. 35, Sec. 110 1134 newly opened streets; selec- tion of paving for. Ords., Art. 35, Sec. 78, 1120-1121 notice to owners by advertise- ment to signify paving de- sired. Ords., Art. 35, Sec. 78, 1120-1121 nuisances in streets. — abatement of by paving or repaving. Ords., Art. 35, Sec. 85....1123 — apportionment of cost of paving or repaving. Ords., Art. 35, Sec. 86..1123 — expenses of paving, etc., to abate. Ords., Art. 35, Sec. 85. .1123 — notice to non-resident owners of charges for abating. Ords., Art. 35, Sec. 88..1124 STREETS AND CITY ENG’R. 1597 STREETS AND CITY ENG’R. Page STREETS AND CITY ENGINEER.— (Cont’d). — paving or repaving to abate; notice before commencing work. Ords., Art. 35, Sec. 86....1123 — refund of expenses of pav- ing when court decides no nuisance existed. Ords., Art. 35, Sec. 87..1124 Paving — contracts — guarantee of con- tractor to maintain pave- ments in good order. Ords., Art. 35, Sec. 16 1095-96 — removal of old material re- quired. Ords., Art. 35, Sec. 16....1096 materials — definition of im- proved pavements. Ords., Art. 35, Sec. 79..1121 ordinances — City Solicitor to give opinion as to legal form and sufficiency of. Ords., Art. 35, Sec. 89..1125 — hearings before Council. Ords., Art. 35, Sec. 90..1125 — Joint Standing Committee of Highways of Council; duties relating to. Ords., Art. 35, Sec. 90..1125 — no work to be done under until City Solicitor ap- proves. Ords., Art. 35, Sec. 89..1125 — preliminaries to passage of such ordinances. Ords., Art. 35, Sec. 90 1125-1126 work — to be done by contract or dav labor. Ords., Art. 35, Sec. 81 1121-1122 Permits for Digging Up Streets, — applications for; conditions and terms under which permits are to be granted. Ords., Art. 35, Sec. 106 1132-1133 — gas, sewer and water con- nections. Ords., Art. 35, Sec. 109 1133-1134 Page STREETS AND CITY ENGINEER.— (Cont’d) . Permits for Digging Up Streets. — (Cont’d). — paved streets; bed or pave- ment of; penalty. Ords., Art. 35, Sec. 105 1131-1132 — penalty for violation of provisions relating to. Ords., Art. 35, Sec. 107 1133 — regulations for issuing. Ords., Art. 35, Sec. 106 1132 — trenches, drains, gutters, etc.; penalty. Ords., Art. 35, Sec. 108 1133 — unpaved streets; removal of earth from ; penalt} . Ords., Art. 35, Sec. 104 1131 — water connections. Ords., Art. 40, Sec. 28..1187 poles, telegraph, telephone and electric light, applications for permits to plant; conditions and terms of permits. Ords., Art. .35, Sec. 106 1132-1133 — permit for planting re- quired. Ords., Art. 35, Sec. 105 1131-1132 protection of street surface. Ords., Art. 35, Sec. 116 1137-1138 repairs of streets. Ords., Art. 35, Sec. 111..1134 — corporations using — failure of to repair streets. Ords., Art. 35, Sec. 115 1136-1137 — duty of; penalty. Ords., Art. 35, Sec. 114 1136 repaving of streets dug up by Water Board. Ords., Art. 40, Secs., 27, 29, 30 1186-1187 restoring street surface; pen- alty. Ords., Art. 35, Sec. 113..1135 streets and city ENG’r. 1598 STREETS, BRIDGES, ETC. Page STREETS AND CITY ENGINEER.— (Cont’d). selection of paving for newly opened streets. Ords., Art. 35, Sec. 78 1120-1121 — when city pays whole cost. Ords., Art. 35, Sec. 80..1121 sewers; entry for repairing public sewers.. Ords., Art. 35, Sec. 8....1093 surface of streets; restoration and repair of. Ords., Art. 40, Secs. 23, 24, 27, 29, 30 1184-1187 surface of street; protection of; fires on pavements for- bidden. Ords., Art. 35, Sec. 116..1137 — kerosene or other oils not to run on. Ords., Art. 35, Sec. 116..1137 — mixing mortar on asphalt. Ords., Art. 35, Sec. 116..1137 — oil tank wagons; drip pans. Ords., Art. 35, Sec. 116..1137 — penalty. Ords., Art. 35, Sec. 116..1138 — trestles on asphalt. Ords., Art. 35, Sec. 116 1137-1138 trenches made by gas com- panies. Ords., Art. 35, Sec. 111..1134 vaults and areas, protection and construction. Ords., Art. 25, Secs. 113-14 996 wharves, docks, etc. — cleaning of private wharves, etc. Ords., Art. 35, Sec. 84....1122 — tax to cover cost of clean- ing private wharves, etc. Ords., Art. 35, Sec. 84..1122 work of grading, paving, etc., authorized by ordinance; to be done by contract or day labor. Ords., Art. 35, Sec. 91..1126 Page STREETS, BRIDGES AND HIGHWAYS, See ""Streets and City Engi- neer;'' ’ ""A dvertisements ’ "" Appeals ""Assessments;" " "Benefits;'"' " "Board of Es- timates;" ""City Collector;'''' ""City Council;"'' ""City Register;'' ’ ‘ ‘ City Solici- tor;" '"Commissioner's for Open ing Streets "' Con- demnation of Property ;" ""Damages;'''' ""Fire;" " "Fire Regulation;'' ' " ' Elec- trical Commission and Sub- ways;'" ""Grading, Paving, Etc . , Streets;' * ‘ "Health;" ’ ""Inspections, Weights and Measures ;" " " "Lamps and L ighting ;"" ""L icenses ; " " " "Markets;" " " " Nidsances;" ""Opening, Closing, Etc., Streets;' " " " Paving. Etc. , Streets;" ""Police Commis- sioners;" ""Police Regula- tions;" ""Railroads and Railways; "'Sewers;" ""Taxes;" '"Topographical Survey /” “ V eh ides ;" and "' Water' alphabetical list of ; custo- dians of copies of. Ords., Art. 6, Sec. 28 707 Annex Improvement Loan and Commission, — additional powers to com- mission. Acts, Sec. §841c 532. — agent of city, commission as. Acts, Sec. §841e 533 — annual report. Acts, Sec. §841b 531-2: — application for loan con- fined to annex. Acts, Sec. §841a 530' — appointment of Commis- sion. Acts, Sec. §841b 531-2 — approval by voters, of loan and commission. Acts, Sec. §841a 530' — assessment of costs of side- walks. Acts, Sec. §841f 534 — authority of Commission over Municipal Officers. Acts, Sec. §841d 532-3* STREETS, BRIDGES, ETC. 1599 STREETS, BRIDGES, ETC. Page STREETS, BRIDGES AND HIGHWAYS.— (Cont’d). Annex Improvement Loan and Commission. — (Cont’d). — to employ help and fur- nish office. Acts, Sec. §841b 531-2 — building line, to fix. Acts, Sec. §841c 532 — City Solicitor to certify titles. Acts, Sec. §841e 533 — Chairman of Commission, compensation, duties. Acts, Sec. §841b 531-2 — compensation of Commis- sion. Acts, Sec. §841b 531-2 — completed work, to turn over to City. Acts, Sec. §841i 534 — composition of Commis- sion, bi-partizan. Acts, Sec. §841b 531-2 — condemnation by ordi- nance. Acts, Sec. §841e 533 — condemn, lay - out, open, etc., streets. Acts, Sec. §841c 532 — contract for improvements. Acts, Sec. §841g 534 — convevances to City. Acts, Sec. §841e 533 — costs of work, payment of. Acts, Sec §841g 534 — direct supervision of work. Acts, Sec. §841g 534 — duties and powers of Com- mission. Acts, Sec. §841c 532 — drainage of annex. Acts, Sec. §841h 534 — election of Chairman of Commission, duties. Acts, Sec. §841b 531-2 — execution of work, other than by contract. Acts, Sec. §841g 534 — extend streets, etc. Acts, Sec. §841c 532 — footways, improvement at expense of abutting own- ers. Acts, Sec. §841f 534 — grading, etc., streets. Acts, Sec. §841c 532 — highways, streets to be- come public. Acts, Sec. §841e 533 Page STREETS, BRIDGES AND HIGHWAYS.— (Cont’d) . Annex Improvement Loan and Commission. — (Cont’d). — issue of stock for loan. Acts, Sec. §84 la 530 — maps and records, proper- ty of city. Acts, Sec. §841i 535 — preparation of ; what to show. Acts, Sec. §841d 532-33 — maximum yearly issue of stock. Acts, Sec. §841a 530 — open, grade, etc., streets. Acts, Sec. §841c 532 — ordinance, condemnation by. Acts, Sec. §841 e 533 — paving, grading, etc., Acts, Sec. §841c 532 — powers of Commission. Acts, Sec. §841c 532 — proceedings in condemna- tion , ordinance to provide. Acts, Sec. §841e 533 — proceeds of loan, applica- tion of. Acts, Sec. §841a 530 — proviso, when work to be done by Commissioners for Opening Streets. Acts, Sec. §841 j 535 — qualifications of Commis- sioners. Acts, Sec. §841b 531-2 — quorum of Commission, Acts, Sec. §841 b„ 531-2 — records to be public. Acts, Sec. §841b 531-2 — to be property of city. Acts, Sec. §841i 534 — report, annual. Acts, Sec. §841b 531-2 — Secretary, compensation, duties. Acts, Sec. §841b 531-2 — sewerage in annex. Acts, Sec. §841h. 534 — sidewalk improvements at expense of abutting own- ers. Acts, Sec. §841f 533 — straightening, etc. , streets. Acts, Sec. §841c 532 — term of office of Commis- sioners. Acts, Sec. §841b. .531-2 STREETS, BRIDGES, ETC. 1600 STREETS, BRIDGES, ETC. STREETS, BRIDGES AND HIGH WAYS.— ( Cont’ d ) . Annex Improvement Loan and Commission. — (Cont ’ d) . — vacancies on Commission. Acts, Sec. §841b 531-2 — voters to approve loan and Commission, Acts, Sec. §841a 530 — vouchers for costs of work. Acts, Sec. §841g 534 — widening, etc., streets. Acts, Sec. §841c 532 — work by Commissioners for Opening Streets, pro- viso, when to be done. Acts, Sec. §841j 535 annex — streets in — highways, public, streets to become. Acts, Sec. §841e 533 — ownership not affected by plans and maps of Topo- graphical Survey Com- mission . Ords., Art. 39, Sec 7 1174 — status, after annexation. Acts, Sec. 841 530 — Topographical Survey- maps and plans of. Ords., Art. 39, Secs. 5-7, 1173, 1174 — validly constituted streets of city. Acts, Sec. 3 42 ashes and sand, deposit of, pro- hibited, penalty, proviso. Ords., Art. 25, Secs. 37- 38 970-71 bricks, lumber, etc., in streets; signals on — penalty. Ords., Arts. 35, Sec. 112. .1135 bridges and highways, note 529 — county bridges in annex to be completed by city. Acts, Sec. 839 528-529 — long bridge, city to main- tain. Acts, Sec. 839 528-529 builders materials and enclos- ures in, police regulations. Ords., Art. 25, Sec. 74.... 982 Burnt District Commission, powers relating to. App. A, Sec. 2.. Page STREETS, BRIDGES AND HIGHWAYS.— (Cont’d) . Annex Improvement Loan and Commission. — (Cont’d). cars of steam railroads, regu- lations for cars standing in streets. Ords,, Art. 30. Secs. 1-10 inc 1015-1018- cattle or cows in, sales pro- hibited, penalty. Ords., Art. 23, Sec. 38.... 930 cleaning and lighting. Acts, Sec. 6 80 — private streets, docks, wharves, etc. Acts, Sec, 833 525 coasting prohibited, penalty. Ords., Art. 25, Secs. 89- 90 988 conduits for wires in. Acts, Sec. 6 81 dead animals, removal of. Ords., Art. 36, Sec. 11..1144 dedicated streets. Ords., Art. 35, Sec. 19..1097 digging up streets, protection of pedestrains and vehicles, penalty. Ords., Art. 35, Sec. 112..1134 1135- dirt, lumber, etc., in, pen- alty, removal at expense of offender. Ords., Art. 25, Sec. 73.... 981 driving cattle, hogs and sheep, through police regulations. Ords., Art. 25, Secs. 11- 31 964-969 — on Sabbath unlawful, pen- alty, proviso. Ords., Art. 31, Sec. 1....1040' embankments, mounds or other public work, penalty for injury to. Ords., Art. 35, Sec. 117. .1138 excavations in streets, safety requirements, penalty. Ords., Art. 35, Sec. 112..1134 113S 1236 STREETS, BRIDGES, ETC. 1601 STREETS, BRIDGES, ETC. Page STREETS, BRIDGES AND HIGH WAYS.— ( Cont ’ d ) . fines and penalties, recovery and collection of. Ords., Art. 35, Sec. 118..1138 fish, cleaning in, or near fountains or pumps, pro- hibited, penalty. Ords., Art. 25, Sec. 39.... 971 garbage boxes at corners. Ords., Art. 36, Sec. 10....1144 general powers. Acts, Sec. 6, page 12 et seq. gifts of property for. Acts, Sec. 193 202 grade lines of. Acts, Sec. 6 74 — City Surveyor to fix estab- lishment or change of. Ords., Art. 35, Secs. 41- 42 1105 Grades of Streets, — alley and street grades, establishment of. Acts, Sec. §833a 525 — alteration of grades on certificate of Commis- sioner of Health. Acts, Sec. 834 526 — appeal from assessment. Acts, Sec. 834 526 —assessment of damages. Acts, Sec. 834 526 — Commissioner of Health, certificate to, necessity for change. Acts Sec. 834 526 — City Engineer — to notify abutting owners. Acts, Sec. 834 526 — to notify City Surveyor of changes. Acts, Sec. §833a 525 — City Surveyor, compensa- tion for establishing grades. Acts, Sec. §833b 526 — to establish grades and prepare profiles. Acts, Sec. §833a 525 Page STREETS, BRIDGES AND HIGHWAYS.— (Cont’d) . Grades of Streets. — (Cont’d). — damages, assessment of. Acts, Sec. 834 526 — dissent of owners. Acts, Sec. 834 526 — pavingplats. City Surve}^or to prepare. Acts, Sec. §833a 525 — valuation of damages. Acts, Sec. 834 526 gutters, police reirulations, penalty. Ords., Art. 25, Secs. 50 51 974 horseshoeing in, fires in, police regulations. Ords., Art. 25, Sec. 75.. 983 ice and snow, removal from. Ords., Art. 36, Sec. 15..1145 Jones’ Falls, exemption from, provisions for streets. Acts, Sec, 600 359 landmarks of, penalty for defacing. Ords., Art. 25, Sec. 56.. 976 location and delineation of by topographical survey. Ords., Art. 39, Sec. 1...1171 1172 manure and dirt from, pen- alty for removing without authority. Ords., Art. 36, Sec. 13.. ..1145 maps, plats, surveys, for loca- tion of streets, rules for. Acts, Sec. 840 529-530 minor privileges prohibited. Acts, Sec. 8 95 names of streets and public places. Acts, sec. 6 79 — Mayor and City Council of Baltimore to approve, Ords., Art. 35, Sec. 103 1131 — on corner lamps. Ords., Art. 20, Secs. 17 18 899 — revision and change of. Ords., Art. 35, Sec. 102 1131 streets, bridges, etc. 1602 STREETS, BRIDGES, ETC. Page STREETS, BRIDGES AND HIGHWAYS.— (Cont’d). North avenue, assessment of property in county, fronting thereon. Acts, Sec. 838 527-528 — benefits in improvement of, county property liable. Acts, Sec. 838 527-528 — to be a public street. Acts, Sec. 838 527-528 nuisances in, police regula- tions. Ords., Art. 25, Sec. 36, 970 — streets in state of. {See '‘'’Nuisances.'"') obstruction of — by articles of trade or business, pen- alty, proviso. Ords., Art. 25, Sec. 67, 979 — inspection of goods on, penalty. Ords., Art. 17, Sec. 3, 876 obstructions and encroach- ments in. Acts, Sec. 6 78 — removal of. Acts, Sec. 189 201 offensive fluids in, prohibited, penalty. Ords., Art. 25, Secs. 52 53 975 Opening, Closing, etc. Streets, — annex, opening streets in. Acts, Sec. 840 529 — application of owners binds property. Acts, Sec. 830 524 — of joint owners. Acts, Sec. 831 524 — closing streets. Acts, Sec. 828 522 — Commissioners for, maps in offices of. Acts, Sec. 828 523 — condemnation of property. Acts, Sec. 827 521 — damages, payment of, into court. Acts, Sec. 827 521 — decree for payment of dam- ages into court. Acts, Sec. 827 521 — endorsement of maps by commission. Acts, Sec. 828 Page STREETS, BRIDGES AND HIGHWAYS . — (Cont ’ d). Opening, Closing, etc.. Streets. — (Cont’d). — ^highways, streets to be public. Acts, Sec. 832 525 — infancy, insanity , absence, of persons entitled to dam- ages. Acts, Sec. 827 521 — interested parties, quieting claims of. Acts, Sec. 827 521-522 — joint tenants, interests of. Acts, Sec. 831 524 — maps of improvements to be filed. Acts, Sec. 828 523 — non-resident owners, dam- ages to. Acts, Sec. 827 521 — notice by Commissioners of objects of ordinance. Acts, Sec. 829 523 — of application of joint owners. Acts, Sec. 831 524 — by publication of pro- posed ordinance. Acts, Sec. 828 522 — opening according to divi- sion among joint owners. Acts, Sec. 831 524 — ordinance for, notice of. Acts, Sec. 828 522 — owner, whom to be regard- ed as. Acts, Sec. 830 524 — payment of damages into court. Acts, Sec. 827 531 — publication of notice of objects of ordinance. Acts, Sec. 829 523 — public highways, streets opened, to be. Acts, Sec. 832 524-525 — rejection of damages by those entitled. Acts, Sec. 827 521 — release of city from claims in. Acts, Sec. 827 521 — removal of maps. Acts, Sec. 828 523 — straightening, widening, etc., notice in. Acts, Sec. 828. .523 .522 streets, bridges, etc. 1603 streets, bridges, etc. Page STREETS, BRIDGES AND HIGHWAYS.— (Cont’d) . Opening, Closing, etc.. Streets. , — (Cont’d). — tenants in common, inter- ests of. Acts, Sec, 831 524 openings in streets, safety requirements, penalty, Ords., Art. 35, Sec. 112, 1134-1135 — signals on obstructions required, penalty. Ords., Art. 35, Sec. Paving Commission and Loan, —acquisition of prpperty. Acts, Sec. §841m 539 — advisers, employ expert. Acts, Sec. §8411 538 — annual appropriation by Board of Estimates. Acts, Sec. §841p 542 — levy to pay interest. Acts, Sec. §841p 542 — report to Mavor, Acts, Sec. §841k 536 — appeals in assessments. Acts, Sec. §841q 543 — in condemnation. Acts,_ Sec. §841m 539 — application of assessments. Acts, Sec. §841q 544 — appointment, confirmation by Councils. Acts, Sec. §841k 535 — approval of voters to issue of stock. Acts, Sec. §841p 542 — assessment of costs. Acts, Sec. §841q 543 — bi-partizan membership of Commission . Acts, Sec. §841k 535 — Board of Estimates, annual appropriation by. Acts, Sec. §841p 542 — bonds of experts. Acts, Sec. §841 1 538 — buildings, etc., to be adapted to general plan. Acts, Sec. §841n 539 — chairman, compensation. Acts, Sec. §841k 536 — Chief Engineer, City En- gineer to be. Acts, Sec. §841 1 538 Page STREETS, BRIDGES AND HIGHWAYS.— (Cont’d) . Paving Commission and Loan. — (Cont’d). — City Engineer, duties of, to remain as at present. Acts, Sec. §841 s 545 — City Librarian, custodian of records of. Acts, Sec. §841 s 545 — closing work of Commis- sion. Acts, Sec. §841s 545 — collection of assessments. Acts, Sec. §841q 543 — Commissioners of Finance to sell stock. Acts, Sec. §841p 542 — completed work turned over to city. ’ Acts, Sec. §841s 545 — composition of Commis- sion. Acts, Sec. §841k 535 — condemnation of property. Acts, Sec. §841m 539 — contracts, manner of awarding. Acts, Sec. §841o 540 — power to make. Acts, Sec. §841 1 538 — specifications. Acts, Sec. §841o 540' — cross streets, cost of. Acts, Sec. §841q 543 — day labor. Acts, Sec. §841o 541 — disbursement of funds. Acts, Sec. §841p 542 — duties and powers of City Engineer and Commis- sioner of Street Cleaning to remain as at present. Acts, Sec. §841s 545 — existing pavements to be utilized or condemned. Acts, Sec. §841 1 537 — experts, employment of. Acts, Sec. §8411 538 — fines for obstruction to. Acts, Sec. §841 n 540 — franchises taken, condem- nation of. Acts, Sec. §841n 540 — grading, graveling, etc., streets. Acts, Sec. §841 1 537 — hearings in assessments. Acts, Sec. §841q .543 streets, bridges, etc. 1604 streets, bridges, etc. Page STREETS, BRIDGES AND HIGHWAYS.— (Cont’d). Paving Commission and Loan. — (Cont’d). — issue of stock. Acts, Sec. §841p 541 — labor of residents pre- ferred. Acts. Sec. §841o 540 — levy, annual to pay in- terest. Acts, Sec. §841k 542 — lien of assessment. Acts, Sec. §841q 543 — macadamize, etc., streets. Acts, Sec. §841 1 537 — machinery and tools, ac- quire use of. Acts, Sec. §841 1 538 — materials, selection of. Acts, Sec. §841 1 537 — maximum yearly issue of stock. Acts, Sec. §841 p 541 — Mayor, ex-officio member of. Acts, Sec. §841k 536 — meetings to be public. Acts, Sec. §841k 536 — merit system in selecting employes. Acts, Sec. §841o 541 — “New Paving Fund.” Acts, Sec. §841p 541 — notice of assessments to property owners. Acts, Sec. §841q 543 — to owners of obstructions. Acts, Sec. §841n 540 — obstructions, removal of. Acts, Sec. §841n 539 — ordinances, to pass neces- sary. Acts, Sec. §841q 544 — organization of Commis- sion. Acts, Sec. §841k 536 — pave, etc., streets. Acts, Sec. §841 1 537 — payment of costs. Acts, Sec. §841q 543 — penalty for obstructing Commission. Acts, Sec. §841n 540 — plan of improvements, to adopt. Acts, Sec. §841 1 537 — powers enumerated. Acts, Sec. §841 1 537 Page STREETS, BRIDGES AND HIGHWAYS.— ( Cont ’ d ) . Paving Commission and Loan. — (Cont’d). — preliminary work and in- vestigation. Acts, Sec. §841 1 537 — procedure in condemna- tions. Acts, Sec. §841n 539 — public alleys, lanes, streets, etc., to pave. Acts, Sec. §841 1 537 — qualifications of members. Acts, Sec. §841k 536 — railways’ proportion of cost, proviso. Acts, Sec. §841r 544 — records, delivery to City Librarian on completion of work. Acts, Sec. §841 s 545 — removal of members. Acts, Sec. §841k 536 — repaving, etc., streets. Acts, Sec. §841 1 537 — repeal of Act 1900 ch. 523. Acts, Sec. §841t 545 — report annually. Acts, Sec. §841k 536 — resident labor. preferred. Acts, Sec. §841o 541 — residue from sale of stock. Acts, Sec §841p 541 — resignation of members. Acts, Sec. §841k 536 — rules and regulations. Acts, Sec. §841 1 538 — secretary, compensation, duties. Acts, Sec. §841k 536 — sewerage arrangements, proviso. Acts, Sec. §841 1 537 — sinking fund. Acts, Sec. §841p 541 — stock, issue of. Acts, Sec. §841p 541 — subsidiary powers. Acts, Sec. §841 1 537 — tax, annual, to pay levy. Acts, Sec. §841p 542 — temporary officers. Acts, Sec. §841p 542 — term of office. Acts, Sec. §841k 535 — tracks, railway, paving between. Acts, Sec. §841r 544 streets, bridges, etc. 1605 street sweeping. Page STREETS, BRIDGES AND HIGHWAYS.— (Cotit’d). Paving Commission and Loan. — (Cont’d). — vacancies, how filled. Acts, Sec. §841k 536 — voters to approve issue of stock. Acts, Sec. §841p 542 — vouchers, signature of. Acts, Sec. §841p 542 plan of streets for annex, ordinance adopting. Acts, Sec. 840 529 poles and wires in. Acts, Sec. 6 79 preservation of as a highway. Acts, Sec. 6 78 private streets — assessment of costs of repairing, etc. Acts, Sec. 833 525 — collection of cost of clean- ing, etc. Acts, Sec. 833 525 prohibited structures in; on sidewalks. Acts, Sec. 8 95 railways, street; use of by, regulated. Acts, Sec. 6 67 restoration of surface of after digging up. Ords., Art. 36, Sec. 8 1143 safety regulations when open- ing street surface, penalty. Ords., Art. 35, Sec. 112. 1134-1135 salt, use of in melting snow. Ords., Art. 25, Sec. 77.... 984 signs, poles, wires, etc., in. Acts, Sec. 6 79 snow, removal of from side- walks, police regulations. Ords., Art. 25, Sec. 76, 983 4 sprinkling and sweeping, police regulations. Ords., Art. 25, Sec. 55.... 975 surface of streets, opening of. Acts, Sec. 6 Page STREETS, BRIDGES AND HIGHWAYS— (Cont’d). Topographical Survey Com- mission, approve plans for streets in annex. Acts, Sec. 840 529 turnpike companies may cede roads within city limits. Acts, Sec. 825 526-27 use of, by tracks, poles and wires. Acts, Sec. 6 80 — regulated. Acts, Sec. 6 78 vehicles in. See ‘ ‘ Vehicles, ’ ’ washing of. Water Board may prohibit, penalty. Ords., Art. 41, Sec. 71....1222 water, use and wasting of, police regulations, protec- tion of new paving. Ords., Art. 25, Secs. 115- 16 966-7 York road, cobblestone and macadam paving prohibited on. Acts, Sec. §838a 528 STREETS, COMMISSIONERS FOR OPENING, See '‘'‘Commissioners Jor Open- ing Streets. ’ ’ Review and Assessment, De- partment of. Acts, Sec. 145 170 STREETS IN ANNEX, See '‘'Annex;" "Streets and City Eng ineer' ’ and ‘ 'Streets^ Bridges and High- ways" and other headings relating to streets. STREET SWEEPING, See" Garbage and Street Dirt" and ' 'Street Cleaning. ’ ’ 79 street vender. SUITS. Page 1606 SUBSTITUTE, STREET VENDERS, fruits, cakes, nuts, etc., sale of on footways, penalty. Ords., Art. 41, Sec. 46....1214 licenses for. {See ‘ ‘ Street Venders ’ L icenses ’ ’ under Licenses d'') — poor persons selling fruit. Ords., Art. 41, Sec. 46....1214 STRIKING OUT DECREES, note 274 STRUCTURES PROHIBITED, certain structures in streets, alleys, etc., prohibited. Acts, Sec. 8 95 on footways, limits of in Burnt District. Ords., Art. 35, Sec. 15. ...1095 SUBORDINATES, assistants, clerks and depu- ties — {See ‘ '‘Subordinates. ’ ’ ) appointment and removal of. Acts, Sec. 28 107 Commissioners for Opening Streets, in office of. Acts, Sec. 172 190 Fire Department, appointment and compensation. Acts, Sec. 69 137 Health, Commissioner of, appointment and compensa- tion of. Water Board, appointment and compensation. Acts, Sec. 88 148 SUBPOENAS, renewal of by clerk of Criminal Court. Acts, Sec. 337 278 sheriff’s allowance for serv- ing. Acts, Sec. 336 277 when returnable. Acts, Sec. 335 277 firemen — injury on duty. Ords., Art. 11, Sec. 13.. 740 matrons — {See'‘ '‘Police Commissioners.'' ’ ) SUBWAYS AND CONDUITS, See '‘'‘Electrical Commission and Subways.'' Ords., Art. 9, Secs. 1- 25 718-727 construction of — inspection by City Engineer. Ords., Art. 35, Sec. 10.... 1093 1094 telegraph and telephone wires. Acts, Sec. 6 81 SUCCESSION IN CITY OFFICES, accounting for property. Ords., Art. 21, Sec. 3 905 906 SUGAR BROKER, license for. Acts, Sec. 694 424 SUITS, See '‘'‘City Solicitor." actions and proceedings — authority of City Solicitor in relation thereto. Acts, Sec. 66 136 — Code not to affect pending suits. Sec. 1 1229 — docket and duplicate plead- ings to be kept by clerk to City Solicitor. Acts, Sec. 65 136 by city — {See "City Solicitor" and “ Water. in Circuit Courts — copies of bill and pleadings in suit to be filed on de- fendant and other parties thereto, exceptions. Acts, Sec. 327A 275 power to sue and“be sued. Acts, Sec. 1 41 SUMMONS. 1607 SUPERINTENDENT OF. Page SUMMONS, appeals from assessments of taxes. Acts, Sec. 170 185 assessments, increase in. Acts, Sec. 150 172 debt and damages, how to be issued, by Justices of the Peace. Acts, Sec. 626 377 improper summons, penalty. Acts, Sec. 626 376 SUNDAY. See ‘ ‘ Vehicles. ’ ’ SUNKEN VESSELS, removal of, when in harbor. Ords., Art. 13, Sec. 19.. 780 SUPERANNUATED POLICE- MEN, See "‘Special Police Fund." SUPERINTENDENT OF, Lamps and Lighting, See "Lamps and Lighting." appointment, duties. Acts, Sec. 204 208 — assistants to. Acts, Sec. 204 208 — c 1 e r k s and employes, appointment. Acts, Sec. 2Q4 208 — lamps in front of engine houses to be lighted every night. Ords., Art. 11, Sec. 43.. 751 — .salary. Acts, Sec. 204 208 — subordinates appointment. Acts, Sec. 204 208 matrons — (^See "Police Commissioners" and "Special Police Fund. ’ ’ ) morgue — {See ‘ 'He a It h" sub-title ‘ 'Morgue . ” ) Ords., Art. 14, Sec. 82.... 821 Page SUPERINTENDENT OF. — (Cont’d). plumbing — to be done by Inspector of Plumbing. Ords., Art. 14, Sec. 132.. 837 Public Buildings — {See "Public Buildings."^ Ords., Art. 28, Secs. 1- 6 1004-1006 — appointment, assistants, clerks. Acts, Sec. 207 209 — City Hall, to be under charge of. Acts, Sec. 207 209 — duties, salary. Acts, Sec. 207 209 public instruction. Ad- visory duties of. {See ' 'Schools. ' ’ ) Acts, Sec. 101 155 — appointment and qualifica- tions of. Acts, Sec. 100 153 — Assistant Superintendents Public Instruction — ap- pointment and qualifica- tions of. Acts, Sec. 100 153 — Board of Superintendents of Public Instruction — meetings of. Acts, Sec. 101 153 — candidates for teaching to be examined and graded lists prepared. Acts, Sec. 101 155 — diplomas to graduates of City College, signature of. Ords., Art. 32, Sec. 11....1047 — duties of Superintendent and Assistant Superin- tendent. Acts, Sec. 101 154, 155 — nominations of teachers. Acts, Sec. 101 155 — public buildings, charge of. Acts, Sec. 207 209 — schools to be visited. Acts, Sec. 154 154 — school visitors to be in- structed. Acts, Sec. 102 156 — standing committees to be appointed by. Acts, Sec. 101. 154 SUPERIOR COURT. 1608 SUPREME BENCH. Page SUPERIOR COURT, See '''Courts — Law Courts of Baltimore City. ’ ’ Acts, Secs. 300-322, 357- 362,364-§364a-§364b-366, 370, 372, 373, 374, 379, 380, 382, 387, 388, 389. Pages §261-273, 282-284, 285,286, 287, 288, 290, 292,293, 294. powers of. foot-note 262 SUPERSEDEAS OF JUDG- MENTS, clerks of respective courts only, to take. Acts, Sec. 647 386 SUPERVISORS OF CITY CHARITIES, See ‘ ‘ Charities^ Supervisors of City. ’ ’ examine patients at Bay View Asylum monthly. Ords., Art. 16, Sec. 6 870 hospitals having contracts with city, inspection bv. Ords., Art. 16, Sec. ll... 873 immigrants, commutation money. Acts, ,Sec. 528 335 — disbursements of fines im- posed. Acts, Sec. 529 336 infants, homes for care of. Acts, Sec. §493j 324 insane paupers, care of by city, permit on certificate of physicians. Ords., Art. 16, Sec. 7 871 opinion of in treatment of city’s insane at hospitals, report to. Ords., Art. 16, Sec. 10.... 872 President Board of Chari- ties and Corrections. Acts, Sec. 103 Page SUPERVISORS OF ELEC- TIONS, See '''Primary Elections.''' additional compensation for conduct of primary elec- tions. App. C, Sec. 3 1276 clerical assistance for. App. C, Sec. 3 1276, 1277 expenses of primary elections; payment of. App. C, Sec. 3 1277 supervision of supplementary registration. Acts, Sec. 17 100 wards. (^See ' 'Legislative Dis- tricts, ’ ’ sub-title ' ' Wards. ’ ’ ) SUPPLIES, contracts for. Acts, Sec 15 99 Quarantine Hospital supplies. Ords., Art. 14, Sec. 175.. 856 schools, stationery and sup- plies for — contracts for. Acts, Sec. 99 152, 153 stationery for city depart- ments. {See "Librarian."') work and supplies for city — memorandum orders re- quired for. Ords., Art. 6, Sec. 33 710 and note 708, 709 SUPREME BENCH OF BALTIMORE CITY, additional judges of. Acts, Sec. 326 274, 275 and note 275 appointment of court ste- nographers. Acts, Sec. 380 290 — apportionment of business of city courts. Acts, Sec. 325 274 probation ofiicers — appoint- ment of. Acts, Sec. 886A. “ “ 886B. 156 561 562 SURETIES. 1609 SWIMMING IN HARBOR. Page See Bonds. for city. indemnification of. Ords., Art. 1, Sec. 1 572 on bonds. {See ‘ ‘ Clerks of Courts. ’ ’ ) SURFACE OF STREETS, See '"Streets and City Engi- neer' ’ and ‘ 'Streets., Bridges and Highways. ’ ’ excavations to be filled in compactly, penalty. Ords., Art. 35, Sec. 113, 1135-1136 protection of from injury by building materials, etc., penalty. Ords., Art. 35, Sec. 116, 1137-1138 replacement and restoration of by City Engineer. Ords., Art. 35, Sec. 115, 1136-1137 safety regulations for excava- tions or obstructions in. Ords., Art. 35, Sec. 112, 1134-1135 SURRENDER OF PRIN- CIPAL, See ‘ ‘ Criminal Court. ’ ’ SURVEYOR, bond of, conditions of. Ords., Art. 37, Sec. 1- 1148 Commissioners for Opening Streets to notify of survey- ing required. Ords., Art. 37, Sec. 3, 1149 compensation of. Acts, Sec. 205 209 Ords., Art. 37, Sec. 5, 1149-1150 duties and compensation [of. Acts, Sec. 6 83 Acts, Sec. 205 209 SURVEYOR.— (Cont’d) . — in respect of ordinances involving surveying. Ords., Art. 37, Sec. 4, 1149 — performance of under directions of City Engi- neer. Ords., Art. 37, Sec. 2, 1148 election of. Acts, Sec. 205 208 inspection of records of, fee for. Ords., Art. 37, Sec. 7.. 1151 office and records, preserva- tion of plats, etc., Ords., Art. 37, Sec. 6 .... 1150-1151 plat of city to be legal evi- dence. Acts, Sec. 842 547 report semi-annually to Mayor. Ords., Art. 37, Sec. 6.. 1151 term of office. Acts, Sec. 205 208 SURVEYS, for sewers — City Engineer to make. Ords., Art. 33, Sec. 21, 1073 of city and environs. {See ' ' Topographical Sur- vey. ’ ’ ) SUSPECTED NUISANCES, examination for, refusal to allow, penalty. Ords., Art 14, Sec. 93.... 826 SWEAT SHOPS, decision relating to cited. Note 253 fire escapes to be provided, penalty. Acts, Sec. 280 252-253 lightingof regulated, penalty. Acts, Sec. 280 252 SWIMMING IN HARBOR, penalty for indecent ex- posure. Ords., Art. 13, Sec. 25.... 782 TAXES. SWINE ETC., AT EARGE. 1610 SWINE, ETC., AT LARGEf^^^ killing and seizure by anyone lawful, penalty for owner. Ords., Art. 25, Sec. 9.... 963 SWINGING SIGNS, See '‘'Board of Estimates^' Buildings'^'' and "‘Burnt District. ’ ’ forbidden in markets. Ords., Art. 23, Sec. 55.. 935 SWITCHES AND TURN- OUTS, cars on , not t o obstruct streets. Ords., Art. 30, Sec. 5-...1017 repair by City Engineer. Ords., Art, 35, Sec. 9.. ..1093 SYSTEM OF ACCOUNTS, See ‘ ‘ City Register ’ and ‘ ‘ Comptroller. ’ ’ adoption of by disbursing officials of city. Ords., Art. 6, Sec. 29.... 709 TABLES FOR GAMING, penalty for keeping. Ords., Art. 12, Sec. 3 768 TAGS, license tags for dogs. Ords., Art. 41, Sec. 21, 1202-1203 TAKING PROPERTY, See various heads relating to condemnation of property for public purposes. condemnation of property, part only of lot taken, com- pensation for. Ords., Art. 33, Sec. 7 1063 TAMPERING WITH SUBWAY SYSTEM, See "Electrical Commission and Subways." Ords., Art. 9, Secs. 17- 18 724 Page TANKS FOR GASOLINE, See ‘ 'Fire Regulations. ’ ’ automobile storage stations, tanks in. Ords., Art. 11, Sec. 75.... 761 tanks for stoves, requirements for. Ords., Art. 11, Sec. 77.... 763 TAPPING SEWERS, See "Sewers." permit, penalty for unauthor- ized tapping. Ords., Art. 33, Sec. 23....1073 TAXES, See "Appeal Tax Court;" "Assessment of Personal Property;'' ’ ‘ 'Assessments;'' ’ "City Collector;" ' ' City Register;'' ’ ‘ ‘ Comp- troller;" "Paving Tax;" ' 'Personal Pr operty ;" "State Taxes" and "Col- lector of State Taxes. ’ ’ Ords., Art. 35, Secs. 22- 25 1098-1099 abatements to encourage manu- factures. Acts, Sec. 6 85 accounts of taxes and money chargeable against City Col- lector. Ords., Art. 38, Sec. 25....1165 annual levy of direct tax. Acts, Sec. 6 83 — -when to be made. Acts, Sec. 40 120 annex, taxation in, county rate to apply until 1900. Acts, Sec. 4 43 — increase of tax rate, when. Acts, Sec. 4 43 — rate of. Acts, Sec. 4 43 appeals, assessments, correc- tions. Acts, Sec. 147 171 — from tax for grading, etc. Acts, Sec. 6 77-78 TAXKS. TAXKS. Page 1611 Page TAXES.-(Cont’d). assessments — and abate- ments. Ords., Art. 38, Secs. 4-14 1156-1161 (^See ''^Appeal Tax Court,' — procedure before increas- ing. Acts, Sec. 150 172 assessors. (See '''‘Appeal Tax Court A') — compensation of. Acts, Sec. 149 172 — to discover and assess prop- erty. Acts, Sec. 148 171 barred by limitations after four years, penalty for attempt to collect after four years. Acts, Sec. 843 547 basis for taxation — report by Board of Estimates to City Council. Acts, Sec. 40 120 — statement of Appeal Tax Court showing taxable basis to be prepared an- nually. Acts, Sec. 171 188-189 bills for. City Collector to prepare. {See '''‘City Collector."^ Acts, Sec. 42 122 — collection of, by successive collectors. Acts, vSec. 51A 128 — mailing of, to taxpayers. Acts, Sec. 51 128 — penalty for delinquency added. Acts, Sec. 51 128 — service of bills on owners in arrear. Acts, Sec. 43 123 — surveyor’s fees to be added to. Acts, Sec. 43 123 certificates of City Collector and collector of State Taxes to be prima facie evidence of taxes due. Acts, Sec. 58A. TAXES.-(Cont’d). cleaning docks, etc. , tax for, private wharves and docks. {See '''Health" and "Streets and City Enghteer."') Ords., Art. 35, Sec. 84....1122 Code not to affect such as levied at adoption. Sec. 1 1229 Collector of State Taxes. Acts. Secs. 52-58A 129-131 collection of taxes. Acts, Sec. 6 86 correction and revision of as- sessments. Acts, Sec. 148 172 damages assessed not to be paid until taxes are paid. Ords., Art. 38, Sec. 33....1168 decisions relating to. Acts, Sec. 6 and note.... 84 deposit of monies for, by City Collector. Ords., Art. 38, Sec. 26....1165 errors in assessments; refund- ing taxes. Ords., Art. 38, Sec. 5, 1156-1157 exemption from taxation. Acts, Sec. 6 84 fines and penalties, recovery and accounting of. Ords., Art. 38, Sec. 39....1170 general powers of city. Acts, Sec. 6 83 grading and paving — assess- ments. Acts, Sec. 6 77 — tax for, collection of. {See "City Collector" and "Streets and City Engi- neer. ’ ’ ) Ords., Art. 35, Sec. 76.. ..1120 — levy for unpaid assessments. Acts, Sec. 6 77 — notice of levy. Ords., Art. 35, Sec. 76 1120 interest on taxes in arrears. Acts, Sec. 40 .131-132 121 TAXES. TAXES. Page 1612 Page TAXES.— (Cont’d). Jones’ Falls improvements. Acts, Sec. 6 58,59 levy for city’s share of cost of sewers and to pay interest on sewer loans. Acts, Sec. 823 506 limitations for — collection cannot be entorced by law after lapse of four years. Acts, Sec. 843 547 — penalty for attempt to col- lect after four years. Acts, Sec. 843 547 limits of direct taxation. Acts, Sec. 6 86 manufacturing tools, etc., ex- emption of from. Ords., Art. 38, Secs. 7-9 1157-1159 new improvements, assess- ment of. Ords., Art. 38, Sec. 10.. ..1159 notice before levy of grading or paving tax. Acts, Sec. 6 77 — to owners before increasing assessments of property. Acts, Sec. 150 172 ordinances authorizing levy of. Acts, Sec. 6 83 — authorizing abatements. Acts, Sec. 6 85 permits — for building not to issue until paid. Acts, Sec. §280a 253 — to erect buildings, penalty. Ords., Art. 38, Sec. 17..1161 1162 Sec. 19 1162 police — levy for expenses of department of. {See '''Police Commis- sioners, ’ ’ ) Pratt Free Eibrary, property of, exempt. Acts, Sec. 790 488 property — bought by city at ^"^Ord^i Art. 38, Sec. 37..1169 TAXES.— (Cont’d). — taxable. Acts, Sec. 6 83 Acts, Sec. 157 178 — taxation of, escaped, missed, new and omitted prop- erty, assessable and tax- able. Acts, Sec. 171 188 rate and annual levy. {See' 'Board of Estimates. ’ ’ ) Acts, Sec. 40 120 — annual levy by ordinance. Acts, Sec. 40 120 — cases cited. Acts, Sec. 40 121 — damages in opening, etc., streets, provision for. Acts, Sec. 175 191 refunding taxes paid in error. Ords., Art. 38, Sec. 5....1156 1157 Sales, {See "City Collector."') — advertised notice, contents of. Acts, Sec. 43 123 — application of proceeds of resale. Acts, Sec. 48 126 — cases cited. Acts, Secs. 43-48 123-127 — change in office of City Collector pending sales. Acts, Secs. §45a,§45b 124 — chattels — proceeds from sale of, how applied. Acts, Sec. 50 127 — sale of. Acts, Sec. 49 127 — Comptroller to bid for city, duties of Comptroller. Ords., Art. 6, Sec. 9 701 — costs, purchaser to pay. Acts, Sec. 44 123 — disposition of purchase money. Acts, Sec. 45 124 — leasehold property, sales of. Acts, Sec. §47a 125 — notice, publication of. Acts, Sec. 42 122 — of property to pay. Ords., Art. 38, Sec. 37....1169 — of unredeemed property sold for, proceeds of such sale. Ords., Art. 6, Sec. 11.... 702 TAXES. TKIyEGRAPHKRS. Page 1613 TAXES.— (Cont’d). Page TAXES.— (Cont’d). Sales. — (Cont’d). — of property bought by city at tax sales, proceeds of such sales. Ords., Art. 6, Sec. 10.... 701 — purchase money, payment of. Acts, Sec. 44 123 — ratification by Circuit Court, advertisement of. Acts, Sec. 48 126 — by Circuit Court. Acts, Sec. 48 126 — redemption of property sold by owner. Acts, Sec. 47 125 - -report of, to Circuit Court. Acts, Sec. 48 126 — resale of unredeemed prop- erty bought by city at tax sales. Ords., Art. 6, Secs. 1 fi- ll 701-702 — procedure in. Acts, Sec. 48 126 — sales set aside, when. Acts, Sec. 48 126 — surplus from, disposition of. Acts, Sec. 46 124 — when purchase money is payable. Acts, Sec. 44 123-124 school tax. Acts, Sec. 6 67 schools, children of non- resident tax-pavers in. Ords., Art. 32, Sec. 34....1055 separation of taxes on real and personal property. Ords., Art. 38, Sec. 27..1166 set-off allowed corporations in payment of. note 173 Starr M. P. Church of Balti- more City exempt, certain property of. note 547 stock debt of city not to be taxed. Ords., Art. 38, Sec. 12....1160 suspended; account of. Ords., Art. 38, Sec. 4....1156 tax bailiffs, percentage of. Ords., Art. 38, Sec. 24..1165 taxpayers, list of — prepara- tion of. Acts, Sec. 171 188-189 transfers of property assessed. Ords., Art. 38, Sec. 6 1157 water used by city, levy for payment of. Ords., Art. 41, Sec. 67. ...1221 wharf taxes, imposed; collec- tion of. Acts, Sec. 6 52 when due and payable. Acts, Sec. 40 121 TEACHERS, See ''Schools." Acts, Sec. 99 152 exposed to contagion. absence from duty required, penalty. Ords., Art. 32, Sec. 38....1057 for parental schools, employment of. Ords., Art. 32, Sec. 25. .1052 graded list of eligibles for ap- pointment as. Acts, Sec. 99... 152 nominations for. Acts, Sec. 101 155 TELEGRAPH, fire alarm — superintendent of, duties, qualifications, appointment, bond. W1U.&,, ±Xy occa. 25, 28 745-6 line to House of Correction; city to maintain. Acts, Sec. 782 484 TELEGRAPHERS, fire alarm, appointment, du- ties, bond. . Ords., Art. 11, Secs. 26, 29 746-7 TElyEGRAPH, ETC. TERM OF. 1614 Page TELEGRAPH, TELEPHONE AND ELECTRIC LIGHT POLES, See ‘ 'Permits' ’ and ‘ 'Poles and Wires. ’ ’ injury to, penalty. Ords., Art. 11, Sec. 31.747-8 permits for planting. Ords., Art. 35, Secs. 105, 106 1132-1133 TELEPHONE OPERATORS, appointment of, Ords., Art. 11, Sec. 44.. 752 TEMPORARY, footways for passengers — owners to provide same when repairing sidewalk; penalty. Ords., Art. 35, Secs. 37, 38 1104 loans — City Council not to authorize. Acts, Sec. 36 116 school buildings — erection of. Ords., Art. 32, Secs. 4-6 1044-5 TENANTS FOR YEARS OR LESS OR AT WILL, See "Landlord and Tenant;" ' ' Opening^ Closin g , etc . , Streets" and "Streets, Bridges and Highways. ’ ’ Acts, Secs. 844-864... .548-553 TENANTS IN COMMON, interests of. Acts, Sec. 831 524 TENEMENT AND LODG- ING HOUSES, See "Buildings" sub-title ' 'Sanitary and Hygienic Regulations' ' and' ' Health. ' ' authority of city to regulate. Acts, Sec. 507 325 basement or cellar defined. Acts, Sec. 508 325 cleanliness of, required. Ords., Art. 14, Sec. 105.. 829 Page TENEMENT AND LODGING HOUSES.— (Cont’d). construction and use. Acts, Sec. 507 325 free lodgings. Acts, Sec. 508 325 health of inmates. Acts, Sec. 508 325 lodging house defined. Acts, Sec. 508 325 provisions for; penalty for violation. Ords., Art. 14, Secs. 105,106 829 registration of required. Ords., Art. 14, Sec. 105 . 829 regulation of construction, use and management. Acts, Sec. 6 53 tenement houses defined. Acts, Sec. 508 325 violation of provisions; pen- alty. Ords., Art. 14, Sec. 106 829 TENURE OF OFFICE, members of police force. Acts, Sec. 745 458 municipal officials to hold office until successors ap- pointed. Acts, Sec. 27 107 TERM OF, licenses. carriage, etc., licenses. Ords., Art. 41, Sec. 77..1224 office — coroners. Acts, Sec. 294 258 — decisions relating to. note 106 — Mayor. Acts, Sec. 20 101 — municipal officials. Acts, Sec. 25........ 105 — Sewerage Commission. Acts, Sec. §824a, 507 TERM OF. TIMBER. 1615 Page TERM OF— (Cont’d). courts. Acts, Sec. 302 261-262 — of Criminal Court. Acts, Sec. 328 275 franchises and grants. {See Frandiises.'^') Acts, Sec. 9 96 TEST BOOK, city officials to sign. Acts, Sec. 25 106 TESTING, apparatus for gas meters. Superintendent of Eamps and Lighting to purchase. Ords., Art. 20, Sec. 7 895 gas and oils. methods of testing; Taglia- bue’s tester, report of tests. Ords., Art. 20, Sec. 25.. 902 proving gas meters. Superintendent of Lamps and Lighting to, on request of consumer, fee. Ords., Art. 20, Sec. 8 .... 895 TESTS OF GAS, location of apparatus for. Ords., Art. 20, Sec. 26.. 902 TEXT-BOOKS, {See' 'School Commissioners. ’ ’ ) Acts, Sec. 99 153 contracts for. Acts, Sec. 99 153 on civil government — to be used in public schools. Acts, Sec. §816a, 503 THEATRES, performances in — annual license; cost of. Ords., Art. 41, Sec. 9....1198 THEATRE TICKETS, sale on streets unlawful, pen- alty. Ords., Art. 25, Sec. 93.. 989 Page THEATRICAL AND OTHER PUBLIC AMUSEMENTS, licenses and regulations for. Acts, Sec. 6 86 exhibitions and plays; blasphemous or indecent, unlawful, penalty. Ords., Art. 25, Sec. 101.. 992 performances — licenses for. Ords., Art. 41, Sec. 7 1197-1198 posters — consent of property owners required. Ords., Art. 25, Sec. 106.. 993 — defacing or posting over, prohibited; penalty; pro- viso. Ords., Art. 25, Secs. 105-6 993 THICKNESS OF WALLS, See "Buildings^'' sub-title^ "Walls of THIEVES AND PICKPOCK- ETS, arrest of, at depots and pub- lic places; duty of police; penalty; when to be deemed common thieves; duty of justice in such arrests; pen- alty on conviction. Acts, Sec. 783 484-485 — on premises of railroads and on ferry boats; proof and penalty. Acts, Sec. 784 485-486 bail or commitment of. Acts, Secs. 783, 784....485,486 THIRTY DAY RULE, definition of. Acts, Sec. 318 271 THROWING STONES IN STREETS, penalty for. Ords., Art. 25, Sec. 87.. 987 TIMBER, tax on lumber floated to port. Acts, Sec. 6 52 TIME. 1616 Page topographicae survey. Page TOPOGRAPHICAL SURVEY, TIME, See '‘'‘Standard Timed' TIN PLATES FOR POLES, See’^ji ‘ '‘Licenses. ’ ’ provisions relating to; dies for, Ords., Art. 41, Sec. 40.. 1211 TITLE, See "‘City Solicitor." examinations, Ords., Art. 5, Secs. 1-3.... 695, 696 papers — water property; Water Board to keep and record. Ords., Art. 40, Sec. 2 1173 to city property — Comptroller custodian of papers of. Ords., Art. 6, Sec. 4 699 — when acquired by Burnt District Commission. App. A, Sec. 24 1252 — when acquired for water, etc.. Acts, Sec. 6 90 to franchises — inalienable by city. Acts, Sec. 6 94 to land for station houses. See ( ‘ 'Police Commission- ers."^ to office — decisions relating to. note 106 TOBACCO INSPECTOR, wood on State wharves, fees and charges for, disposition of. Acts, Sec. 479 317 — permission to land. Acts, Sec. 478 317 TON, STANDARD, coal, sale of, penalty for short weight. Ords., Art. 17, Sec. 31.... 885 annex — effect of plan and maps on ownership o f streets in. Ords., Art. 39, Sec. 7 1174 — map of streets in. Ords., Art. 39, Sec. 6 1173 — numbering houses in. Ords., Art. 39, Secs. 8-11 1174 — plan of streets in adopted. Ords., Art. 39, Sec. 5 1173 Board of Commissioners on ; members of. Ords., Art. 39, Sec. 3 1173 Chief Engineer of, appoint- ment of and duties. Ords., Art. 39, Sec. 4 1173 composition of. Acts, Sec. 840 529 effect on dedicated streets in annex. Ords., Art. 35, Sec. 19....1097 geodetic and topographical surveys of city to be made. Ords., Art. 39, Sec. 1 1171-1172 limits of beyond city limits. Ords., Art. 39, Sec. 1 1172 maps of city to be prepared. Ords., Art. 39, Sec. 1 1171, 1172 numbering houses in annex — correction of errors in by Inspector of Buildings. Ords., Art. 39, Sec. 11....1174 —decimal system to be em- ployed. Ords., Art. 39, Sec. 8 1174 — numbering in violation of system prohibited. Ords., Art. 39, Sec. 9 1174 — penalty for violating pro- visions relating to. Ords., Art. 39, Sec. 10...1174 plats from surveys to be made and bound; data to be given . Ords., Art. 39, Sec. 2 1172 surveys of city and its envi- rons. Ords., Art. 39, Sec. 1 1171, 1172 TOY PISTOLS. 1617 TRANSFERS OF ASSESSMENTS. Page TOY PISTOLS, firing or discharging in city, penally. Ords., Art. 25, Sec. 85.... 987 selling or giving away unlaw- ful, penalty. Ords., Art. 25, Sec. 84.... 987 TRACKS AND SWITCHES, See "'Railroads and Rail- zvays." Ords., Art. 30, Secs. 11- 12 1019 prohibited on certain streets. {^See "Prohibiting Tracks on Certain Streets.") railroad — {See ‘ "Railroads and R ail- zvays.") TRAILERS OF STREET CARS, guards to be provided on, pen- alty. Ords., Art. 30, Secs. 43- 44 1030 TRANSCRIPTS OF BIRTHS AND DEATHS, See " "Health, ” sub-title ""Births and Deaths." Commissioner of Health to issue ; charges for. Ords., Art. 14. Sec. 190.. 863 TRANSFERS, of city stock — fractional cer- tificates ; transfer books. Ords., Art. 34, Secs. 2, 4, 1077-8 of property assessed. Ords., Art. 38, Sec. 6 1157 on street railways. {See ""Railroads and Rail- zjuays.") TRAPEZE PERFORMERS, protecting net for, penalty. Ords., Art. 25, Secs. 103, 104 992-3 Page TRANSPARENCIES, carrying in parades, prohibit- ed, proviso, penalty. Ords., Art. 25, Sec. 108.. 994 TRANSPORTATION, and storage of explosives — permit for, penalty. Ords., Art. 11, Sec. 70.... 759 of de^ d bodies — carriers ; du- ties of. Ords., Art. 14, Sec. 187.. 861 TRAVELING EXPENSES OF LAW, Department. Acts, Sec. 67 136 TREASURER OF, Police Commissioners. {See " "Police Commission- ers.") Special Police Fund. {See ""Special Police Fund.") TREES, note 994 tree boxes — injury or destruc- tion of. Ords., Art. 25, Sec. 107.. 994 TRENCHES, repair of. Ords. Art. 35, Sec. Ill, 1134 drains, gutters, etc. permits for digging. Ords., Art. 35, Sec. 108 1133 TRESPASSING ON GRASS OR SHRUBBERY, Washington Monument, squares around, penalty, police regulations. Ords., Art. 25, Sec. 60.... 977 TRUANT CHILDREN, school for. Ords., Art. 32, Secs. 23- 27 1051-1052 TRANSFERS OF ASSESS- MENTS, alienee of property to be assessed. Act., Sec. 166. 183 TRAVERSER S ATTORNEY. 1618 TUITION IN SCHOOLS. Page TRAVERSER’S ATTORNEY, See '‘'‘Criminal Court.'''' TRIAL, of appeals. appeals from assessments for taxes. Acts, Sec. 170 185 of suits. Acts, Sec. 310 265 or judgment. when suits shall stand for. Acts, Sec. 310 265 TRIALS, assault and battery, cases of. Acts, Sec, 231 231 before Justices of the Peace. i^See ‘ 'Justices oj the Peace. ’ ’ ) decisions in relation to cited. note 380 TROLLEY-BRAKES ON CARS, interference with, penalty. Ords.,Art. 30, Sec. 38. ...1028 TROLLEY-POLES AND WIRES, See "Poles a7td JVires." TRUST— clerk; salary of. Acts, Sec. 371 287 funds — city may receive. Acts, Sec. 2 42 TRUSTEES, See ' ' Mortgages . ” Enoch Pratt Free Library. {See " Pratt Free Library McDonogh Educational Fund and Institute, list of original. Ords., Art. 22, Sec. 1.... 908 special police fund. {See ‘ 'Special Police Fund. ’ ’ ) TUBERCULIN TEST, cows to be submitted to. Ords., Art. 14, Sec. 52.... 811 Page TUBERCULOSIS, See " Communicable D is - eases'' and "Health.''' investigation of cases of. Ords., Art. 14, Sec. 32.. 806 registration of sufferers from. Ords., Art. 14, Sec. 32.... 806 tuberculin test for cows. Ords., Art. 14, Sec. 52.. 811 TURNOUTS AND SWITCES, cars on, not to obstruct streets. Ords., Art. 30, Sec. 5.. 1017 TURNPIKE ROADS, agreements with owners to purchase or maintain. Acts, Sec. 6 82 city may purchase. Acts, Sec. 6 82 TURNPIKES, companies may cede such roads lying within city limits, status of such roads. Acts, Sec. 835 526-527 ceded to city. {See "Streets, Bridges and Highways, Grades of Streets.'"^ in annex. — Annexation Acts, effect of on. Acts, Sec. 5 45 — city may purchase or con- demn. Acts, Sec. 5 45 TURPENTINE DISTILLER- IES, operation of prohibited, pen- alty. Ords., Art. 14, Sec. 69.. 818 TUITION IN SCHOOLS, See " Schools." Ords., Art. 32, Secs. 32- 34 1054-1056 UNCLAIMED FUNDS. UNITED RAILWAYS. 1619 Page UNCLAIMED FUNDS OR MONIES, of intestates’ estates. (See '"''Schools.''^ UNDERTAKERS, See Health. Ords., Art. 14, Sec. 181 858-859 UNEMPLOYED VEHICLES IN STREETS, See "'‘Vehicles.''' UNEXPENDED APPROPRI- ATIONS TO POLICE BOARD, See ‘ '‘Special Police Fund. ’ ’ UNIFORM OF FIREMEN, penalty for unauthorized use of. Ords., Art. 11, Sec. 53.. 754 UNION DEPOT, stand for carriages, etc., at. Ords., Art. 4, Sec. 40.... 694 UNITED RAILWAYS AND ELECTRIC CO. contract with, for removal of street dirt and garbage. Acts, Sec. §841u..545-546-547 easements in annex, city may acquire. Acts, Sec. §800a,... 494 fares chargeable by. Acts, Sec. 796 491 franchises in annex, grant of by city to said railway com- pany; when grant may be perpetual. Acts, Sec. §800a, 495 transfers to be issued by, when. Acts, Sec. 796 491 Constituent Companies, See "Railroads and Railways.'’' table or tree showing consoli- dations by which this Com- pany was eventually created. App. D 1279-1288 Page UNITED RAILWAYS AND ELECTRIC CO.— (Cont’d). Constituent Companies. — Cont’d). Baltimore and Curtis Bay Rail- way Company.... 1280, 1282, 1286 Baltimore and Hall’s Springs Railway Company 1036,1281 Baltimore and Hampden Pas- senger Railway Company.. .1283 Baltimore and Harford Turn- pike Company 1036,1281,1288 Baltimore and Jerusalem Turn- pike Company 1281 , 1288 Baltimore and Loreley Rail- road Company 1284 Baltimore and Northern Elec- tric Railwav Companv, 1036,1279,1281 Baltimore and Powhatan Rail- way Company 1036,1286 Baltimore and Pikesville Rail- road Company 1282 Baltimore and Reisterstown Turnpike Road 1282 Baltimore and Washington, Turnpike Company 1286 Baltimore and Yorktown Rail- way Company 1036,1284 Baltimore, Calverton and Pow- hatan Railway Company 1286 Baltimore, Catonsville and Ellicott Mills Passenger Railway Company, 1036,1280,1283,1285 Baltimore City Passenger Railway Company 1037,1279, 1281 Baltimore Consolidated Rail- way Company 1037,1280,1282 Baltimore, Gardensville and Belair Electric Railway Company 1280,1281,1284 Baltimore, Hampden and Lake Roland Electric Railway Company 1284 UNITED RAILWAYS. 1620 UNITED RAILWAYS. Page UNITED RAILWAYS AND ELECTRIC CO.— (Cont’d). Constituent Companies. — (Cont’d). Baltimore, Middle River and Sparrows Point Railroad Company 1288 Baltimore, Peabody Heights and Waverly Railroad Com- pany 1037,1282 Baltimore, Pimlico and Pikes- ville Railroad Company 1037 1287 Baltimore, South Baltimore and Curtis Bay Railroad Company 1286 Baltimore Traction Company, 1037,1280,1282,1286,1287 Baltimore Union Passenger Railwa}^ Company 1038,1283 1284 Central Railway Company, 1038,1280,1281,1284 Charles Street Avenue Com- pany 1288 Citizens’ Railway Company.. ..1038 1283 City and Suburban Railway Company ....1038,1280,1283^284 City Park Railway Company..! 039 1281 Columbia and Maryland Rail- w'ay Company 1038,1285 Dundalk, Sparrows Point and North Point Railway Com- pany 1288 Edmondson Avenue, Catons- ville and Ellicott City Pas- senger Railway Company.... 1038 1285 Electric Light and Railway Company 1281 Falls Road Electric Railway Company 1039,1282 Franklin and Powhatan Pas- senger Railway Company.. ..1286 Garrison Avenue Railway' Company 1287 UNITED RAILWAYS AND ELECTRIC CO.— (Cont’d). Constituent Companies. — (Cont’d). Gwynn’s Falls Railway Com- pany of Baltimore City, 1280,1286,1287 Gwynn’s Falls Railway Com- pany of Baltimore County.. 1287 Highlandtown and Point Breeze Railway Company. 1039, 1283 Hookstown and Pimlico Branch of B. C. and P. R. R. Co 1286 Lake Roland Elevated Rail- way Company 1280,1284 Lake Roland Extension Rail- way Company 1284 Maryland Traction Company, 1280,1282,1285 Monumental City Railway Company 1283 Monumental Passenger Rail- way Company of Baltimore County 1039, 1283 North Avenue Railway Com- pan}7 1039,1284 North Baltimore Passenger Railway Company 1039,1282 People’s Passenger Railway Company 1039,1283 People’s Railway Company.. ..1039 1283 Pikesville and ReisterstoMm Turnpike Company 1282 Pikesville, Reisterstown and Emory Grove Railroad Com- pany 1282 Pimlico and Pikesville Rail- road Company 1280,1282,1287 President, Managers and Com- pany of the Baltimore and Yorktown Turnpike Com- pany 1288 Randallstown Branch of B. C. and P. R. R. Co 1286 UNITED RAILWAYS. VACANCIES. 1621 UNPAVED STREETS. Page Page UNITED RAILWAYS AND ELECTRIC CO — (Cont’d). Constituent Companies. — (Coiit’d). Shore Line Electric Railway Company 1280,1282,1287 Towson Railway Compaii}'^ 1281 United Railway and Electric Company 1279,1281 Walbrook and Gwynn’s Falls Railway Company of Balti- more City 1286 Walbrook, Gwynn Oak and Powhatan Railroad Com- pany 1280,1282,1287 Washington and Maryland Railway Company 1285 UNITED STATES. claims of city against ; pros- secution of by Mayor ; com- pensation of attorneys. Ords., Art. 1, Sec. 5 573 UNITED STATES MAIL. footway regulations not to ap- ply to. Ords., Art. 35, Sec. 15....1095 UNITED WOMEN OF MARY- LAND. See"' Childf'en' s Playgrounds'' ’ UNIVERSITY DEGREES. See ''Jokfis Hopkins Univer- sity. ’ ’ UNLICENSED DOGS. See '"Dogs" and Licenses ^ provisions relating to destruc- tion of. Ords., Art. 41, vSec. 24.... 1204, 1205 UNOCCUPIED. or vacant houses — security of, penalty for owner. Ords., Art. 11, Sec. 41.... 751 property — assessment of. Acts, Sec. 164A removal of dirt from ; permit required ; penaltv. Ords., Art. 35,' Sec. 104.. 1131 UNSAFE AND CONDEMNED BUILDINGS. See ''Inspector of Buildhigs.'" UNSOUND, food and food products — con- demned foods — removal or secretion of unlawful. (^See "Health.'"') Ords., Art. 14, Sec. 58.... 813 — sale, etc., prohibited. Ords., Art. 14, Sec. 57.... 813 provisions— clerks of markets to prevent sale of. Ords., Art. 23, Sec. 3 919 USE OF STREETS, decisions in relation to. foot-note 78 regulated. Acts, Sec. 6 78 VACANT, lots — manure and nuisances bn ; penalty. Ords., Art. 14, Sec. 96... 826, 827 stalls— clerks of markets not to refuse to rent same ; pro- viso. Ords., Art. 23, Sec. 21.... 926 — disposal of by clerks of the markets. Ords., Art. 23, Sec. 20.... 925 VACANCIES, in office — boiler inspectors ; Governor to fill vacancies. Acts, Sec. 588 355 — New Sewerage Commis- sion ; how filled in. Acts, Sec. §824a 508 — Police Commissioners. Acts, Sec. 741 449, 450 — City Regi.ster. Acts, Sec. 35 112 — procedure in filling. Acts, Sec. 25 181 106 VACANCIES. VAGRANTS. Page 1622 VAGRANTS AND DISOR- DERLY PERSONS.— (Coiit’d). Page VACANCIES.— (Cont’d) . — when Mayor shall fill, Acts, Sec. 25 106 on Art Commission. {See ^'Art Commission.^ on police force. {See '' Police Commissioners' VACCINATIONS, See Health." Ords., Art. 14, Secs. 23, 24 803, 804 crews and passengers at quar- antine grounds ; charges. Ords., Art. 14, Sec. 177.. 857 repetition on failure. Ords., Art. 14, Sec. 30.... 805 vaccine ph}'sicians to make, record and report same. Acts, Sec. 77 140 VACCINE PHYSICIANS, See 'Health." Ords., Art. 14, Sec. 9 798, 799 appointment, duties, salary. Acts, Sec. 77 140 appointment of extra. Ords., Art. 14, Sec. 28 ... 805 ■duty where contagious cases are unattended by physician Ords., Art. 32, Sec. 39....1058 police of his ward to receive treatment from. Ords., Art. 14, Sec. 9 798, 799 vaccine certificates. Acts, Sec. 78 141 VACCINE VIRUS, See 'Health." Ords., Art. 14, Sec. 30.... 805 VAGRANTS AND DISOR- DERLY PERSONS, able-bodied persons commit- ted to work. Acts, 871 556 almshouse, employment in. Acts, Sec. 109..... 160 — list of those committed to. Acts, Sec. 114 161 appeals may be taken to Crim- inal Court. note 554 arrests of — police may make on request or otherwise. Acts, Sec. 867 554-555 charges to be heard before Criminal Court or Justice of the Peace. Acts, Sec. 865 554 child vagrants. — arrest and commitment of upon examination. Acts, Sec. 883 559-560 — definition of'term “vagrant children,” Acts of va- ran cy defined. Acts, Sec. 883 559 commitment to Maryland House of Correction, City Almhouse, or other places provided. Acts, Sec. 868 555 cost to be paid by person making charges in case of acquittal. Acts, Sec. 880 558 definition of the terms — per- sons designated as. Acts, Sec. 866 554 dependent and vicious chil- dren. police magistrates, jurisdic- tion of. Acts, Sec. 632 379-380 fees for issuing and serving warrants and commit- ments. Acts, Sec. 880 558 in jail — to work about premises. Acts, Sec. 123 164 institutions — commitment to; authorized to make rules and regula- tions. Acts, Sec. 873 556 VAGRANTS. vehicles . 1623 Page VAGRANTS AND DISOR- DERLY PERSONS.— (Cont’d). jury trials in Criminal Court. Acts, Sec. 879 558 list of, committed by justices. Acts, Sec. 141 168 minors, commitment of. Acts, Sec. 874 556-557 — those who are. Acts, Sec. 876 557 — to be apprenticed according to State laws if judge or justice so decrees. Acts, Sec. 875 557 Orphans’ Court shall have concurrent jurisdiction with Criminal Court and Justices of the Peace over minors. Acts, Sec. 877 557 persons committed must serve term. Acts, Sec. 870 556 — included in the terms. Acts, 866 554 place of commitment left to judgment of Justice or Judge of the Criminal Court. Acts, Sec. 869 555 police magistrates to try. Acts, Sec. 632 379-380 term of commitment specified. Acts, Sec. 872 556 trial to be same as for assault and battery or by jury. Acts, Sec. 878 557 VALIDITY OF SALES, See '‘'‘Mortgages." VALUATION OF, personal property, assessment of personal prop- erty, how ascertained. Acts, Sec. 159 179 property in opening, etc., sewers, proceedings in. Ords., Art. 33, Sec. 6, 1062-63 Page VAULTS, and areas. {See "‘Buildings."') — apertures to be protected when open, penalty. Ords., Art. 25, Sec. 113, 996. — police to inform Mayor and City Engineer of Con- struction of. Ords., Art. 25, Sec. 114, 996 for privies — penalty for sink- ing under sidewalks or streets. Ords., Art. 14, Sec. 153.. 844 — prohibited under sidewalks and streets. Ords., Art. 14, Sec. 152.. 843 VEGETABLE SUBSTANCES ON SIDEWALKS, police regulations, penalty. Ords., Art. 25, Sec. 96.... 990' VEGETABLES, and agricultural products — Broadway or County wharf, landing at. Acts, Sec. 431 302 and fruits. {See "Street Venders Licenses" under "Licenses.") VEHICLES, See ‘ 'Hackney Carriages and Coaches Livery Stable Keepers;" Wagons., Carts and Drays’’ ’ and " Wood." bicycles — riders of to keep on right hand side in passing. Ords., Art. 4, Sec. 1 6S2 Broadway market, position of in, Ords., Art. 23, Sec. 68.... 940 carriages unemployed in streets — distances between and position of. Ords., Art. 4, Sec. 13 685, 686 carts ; position of in streets ; two lines of forbidden. Ords., Art. 4, Sec. 12 685 coal and hay wagons and carts. (^See" Inspections , Weights and Measures.") VKHICI.KS. VEHICLES. 1624 VEHICLES.-(Cont’d) . contests of speed forbidden ; penalty. Ords., Art. 4. Sec. 7 684 delay of street cars by, pro- hibited, penalty. Ords., Art. 30, Sec. 45 ....1030 draymen to place horse and dray lengthwise in streets ; to be 25 feet apart. Ords., Art. 4, Sec. 11 685 drag’s in streets — position of. Ords., Art. 4, Sec. 11 685 drivers of, to hold reins or re- tain control of horses w^hile on stands. Ords., Art. 4, Sec. 14 686 — or owners of not to occupy streets or seek employ- ment on Sunday ; Mayor may grant permits. Ords., Art. 4, Sec. 16 686 ■driving regulations — drivers and riders to keep on right hand side in passing ; pen- alty. Ords., Art. 4, Sec. 1 682 — immoderate gait prohibit- ed. Ords., Art. 4, Sec. 3 683 — narrow streets ; driving in. Ords., Art. 4, Sec. 2 682 — positions of riders and drivers and manner of holding reins in driving and riding in streets pre- scribed. Ords., Art. 4, Sec. 3 683 ■excessive speed of express wagons or vehicles; penalty. Ords., Art. 4, Sec. 8 684 Eells Point market, limits for. Ords., Art. 23, Sec. 84.... 944 hnes, penalties and forfeitures recovery and accounting of. Ords., Art. 4, Sec. 41 693 footways, flagstones, and step- ping stones not to be ob- structed ; penalty. Ords., Art. 4, Sec. 22 688 for hire— license for private vehicles requir ed when hired. Ords., Art. 41, Sec, 82....1227 VEHICLES.— (Cont’d). funeral processions ; riding across line of prohibited; penalty. Ords., Art. 4, Sec. 26 689, 690 furniture wagons ; stands for on German street. Ords., Art. 4, Sec. 38 693 hacks, etc., not to stand in Monument Square; proviso. Ords., Art. 4, Sec. 39 693 Hanover market, limits for. Ords., Art 23, Sec. 89.... 945 hire of, for removing dead bodies. Ords., Art. 14, Sec. 26.... 804 horse, mare or gelding not to be loose in street, to be guided by reins or led. Ords., Art. 4, Sec. 3 683 horses, wagons, etc.; streets in which prohibited. Ords., Art. 4, Sec. 33 691 Lexington market; regulated; penalty. Ords., Art. 23, Sec. 97.... 948 licenses ; provisions relating to. Ords., Art. 41, Secs. 74- 84 1223-1227 market limits — regulation of vehicles within on market days ; penalty. Ords., Art. 4. Sec. 23 688 narrow streets — passing of ve- hicles in ; penalty. Ords., Art. 4, Sec. 2 682 night stands for vehicles ; Sundays excepted ; not more than eight feet of street to be occupied. Ords., Art. 4, Sec. 15 686 obstruction of premises of owners fronting on mar- ket limits ; penalty ; owner may remove obstructing vehicles ; penalty for inter- fering wdth owners. Ords., Art. 4, Sec. 23 688, 689 VEHICLES. vehicles. Page 1625 Page VEHICLES.— (Cont’d). Monument Square — hack stands designated therein. Ords., Art. 4, Sec. 39 693 omnibuses — speed of limited; penalty. Ords., Art. 4, Sec. 6 684 penalties for violation of street regulations; U. S. and Maryland Government wagons and horses except- ed. Ords., Art. 4, Sec. 17 686, 687 police regulations. — cracking whips near stands; penalty. Ords., Art. 4, Sec. 20.... 687 — distance between vehicles in driving; penalty. Ords., Art. 4, Sec. 25.... 689 — driving on railway tracks; penalty. Ords., Art. 4, Sec. 19.... 687 — loading or unloading of wagons, etc; position of. Ords., Art. 4, Sec. 21.... 688 — obstruction of other wagons prohibited. Ords., Art. 4 Sec. 21 .. 688 — of streetcars; penalty. Ords., Art. 4. Sec. 18.. 687 — position of vehicles in streets; penalty. Ords , Art. 4, Sec. 21.... 688 — time vehicles and horses may remain in streets when not in use; penalty Ords., Art. 4, Sec. 24.... 689 power to license. Acts, Sec. 6 47 — to regulate. Acts, Sec. 6 47 public — contagious or infectious dis- eases; persons sick with not to use. Ords., Art. 14, Sec. 25.. 804 railroad tracks — — vehicles to keep on right hand side of. Ords., Art. 30, Sec. 8....1018 riding on unauthorized; pen- alty. Ords., Art. 4, Sec. 21.... 690 VEHICLES.— (Cont’d). rights on street railway tracks. Ords., Art. 30, Sec. 46 1030-31 rules of Mayor relating to; penalty for violation. Ords., Art. 4, Sec. 29.... 690 Sabbath day regulations — not to remain in front of premises on Sunday night. Ords., Art. 4, Sec. 15.... 686 — in streets on Sabbath day. Ords., Art. 4, Sec. 16.. 686 — owners or drivers not to solicit employment on Sabbath; permits therefor. Ords., Art. 4, Sec. 16.... 686 — wagons, carts, drays, etc., not to be driven or stand on streets, nor horses to be fed therein on Sabbath day. Ords., Art. 4, Sec. 16.... 686 sales from in streets; foot- ways; agreement with prop- erty owners. Ords., Art, 4, Sec. 35.... 692 — position of wagon. Ords., Art. 4, Sec. 34.... 692 sidewalks, vehicles on — permit of Mayor required, proviso; penalty. Ords., Art. 25, Sec. 99.. 991 sleighs and cars to have bells attached; penalty. Ords., Art. 4, Sec. 10.... 685 speed of licensed vehicle of burden limited to 6 miles per hour; penalty. Ords., Art. 4, Sec. 4 683 — of unlicensed vehicle of burden not to exceed walking gait; penalty. Ords., Art. 4, Sec. 4 673 — over bridges; penalty. Ords., Art. 4, Sec. 5 684 stands — — for carriages, carts, etc. Ords., Art. 4, Sec. 30-40 690-691 — on Charles street, vicinity Union Station. Ords., Art. 4, Sec. 40.... 694 VEHICLES . VESSELS. 1626 VEHICLES.— (Cont’d). — on German street between Eutaw and Paca streets. Ords., Art. 4, Sec. 38.... 693 stands for prohibited on. — Baltimore street as desig- nated by Mayor. Ords., Art. 4, Sec. 32.... 691 — Broadway as designated by Mayor. Ords., Art. 4, Sec. 32.... 691 — Bowly’s wharf south of Camden street; penalty. Ords., Art. 4, Sec. 31.... 691 —Calvert street between Bal- timore and Lexington streets. Ords., Art. 4, Sec. 39.... 693 — Camden, Conway, Barre, Lee and Charles streets as designated. Ords., Art. 4, Sec. 32.... 691 — Camden street between Charles and Light streets; penalty. Ords., Art. 4, Sec. 37.... 693 — Camden street regulations. Ords., Art. 4, Sec. 34 692 --Charles street between Camden and Lombard streets; penalty. Ords., Art. 4, Sec. 30.... 690-691 — Fayette street between St. Paul and North streets. Ords., Art. 4, Sec. 39.... 693 — German street between Howard and Eutaw streets. Ords., Art. 4, Sec. 38.... 693 — Liberty street north of Fayette street. Ords., Art. 4, Sec. 32.... 691 — Light street between Pratt and Lee streets; penalty. Ords., Art. 4, Sec. 31.... 691 — Monument Square; penalty. Ords., Art. 4, Sec. 39.... 693 — Pratt street between South and Hanover streets. Ords., Art. 4, Sec. 32.... 691 — Sharp street not to be used for sales from wagons. Ords., Art. 4, Sec. 35.... 692 unauthorized use of; penalty. Ords., Art. 4, Sec. 27.... 690 Page VEHICLES.-(Cont’d). unemployed carriages for hire; position of in streets. Ords., Art. 4, Sec. 13.... 685 vehicles not used to sell from. Ords., Art. 4, Sec. 36.... 692-693 wagons, etc., in markets, position of; proviso; penalty. Ords., Art. 23, Sec. 56.. 936 — proviso; penalty. Ords., Art. 23, Sec. 57.. 936 wheels — breadth of regulated. Acts, Sec. 6 47 wood carts — on Camden street prohibited. Ords., Art. 4, Sec. 37.... 693 — Conway street stand author- ized. Ords., Art. 4, Sec. 37.... 693 VENDORS IN STREETS, agreement with property owners. Ords., Art. 4, Sec. 34 692 wagons of; how to be placed. Ords., Art. 4 Sec. 34 692 VENTILATION AND DRAIN- AGE, See ‘ '‘Sanitary Inspectors. ’ ’ VESSELS, See ‘ '‘Harbor, Docks and Wharves," "Health" sub- title '‘'‘Contagious and In- .fectious Diseases ” and '‘'‘Quarantine Hospital . ’ ’ and crews — arriving from sea to be exam- ined by Quarantine Hospi- tal Physician. Ords., Art. 14, Sec. 162, 847-848 at docks — fire on deck at night, penalty. Ords., Art. 11. Sec. 63.... 757 at wharves — discharging and receiving of cargoes regulated by Har- bor Master. Ords., Art. 13, Sec. 30.... 784 — Harbor Master may extend time of. Ords., Art. 13, Sec. 16.... 778 VKSSEI.S. VOTING PEACES. 1627 Fage VESSELS.— (Cont’d). — not to obstruct other ves- sels; penalty. Ords., Art. 13, Sec. 32.. 785 — rigging of. Ords., Art. 13, Sec. 34.... 786 contagious diseases, masters of to report thereon, Ords., Art. 14, Sec. 14.. 800 — persons sick with not to be removed without author- itv. Ords., Art. 14, Sec. 16.. 801 — spread from vessels to be prevented, Ords., Art. 14, Sec. 16.. 801 foreign — Harbor Master’s fees from. (See ''Harbor, Docks and Wharves. ’ ’ ) Acts, Secs. 465, 466 313 goods and baggage from dis- infected vessels to be re- turned. Ords., Art. 14, Sec. 176, 856-857 in harbor — speed of regulated. Ords., Art. 13, Sec. 29.... 784 in Jones’ Falls — entering and leaving, draw- bridge regulations, penalty. Ords., Art. 18, Sec. 4.. 889-90 quarantine regulations relat- ing to. Ords., Art. 14, Secs. 159- 178 846-858 — charges against, collection of. Ords., Art. 14, Sec. 173, 855-856 when exempt from quarantine regulations. Ords., Art. 14, Secs. 167- 168 851-852 VESTED RIGHTS, Charter not to ahect. Acts, Sec. 2 564 Code not to impair. Sec. 1 1229 VESTIBULES ON CARS. when required; penalty. Ords., Art. 30, Secs. 41- 42 1029-30 Page VETERAN VOLUNTEER FIRE- MEN’S ASSOCIATION, appropriation for. Acts, Sec. 448 309 VETO BY MAYOR, appropriations by ordinances and resolutions. Acts, Sec. 23 102-103 ordinances and resolutions. Acts, Sec. 23 102-103 VISITORS OF THE JAIL, See this sub-title under ' 'Jail. ’ ’ Acts, Sec. 118 162 VOID ORDINANCES, note, case cited 198 opening, etc., streets, effect of. Acts, Sec. 180 198 refund of assessments under. Ords., Art. 35, Sec. 97....1129 VOIDING SALES, See "Mortgages.^'' VOLUNTEER MILITIA EXEMPT FROM PETIT JURY DUTY, See "Jurors.^'' Acts, Sec. 622 374 VOTERS, affiliation of to be registered. App. C, Sec. 1 1273 employment on city work — Electrical Commission and subways. Ords., Art. 9, Sec. 4 719 VOTES, counting of in primary elec- tions. App. C, Sec. 1 1273- primary elections for Mayor, etc. App. C, Sec. 2 1275,1276- VOTING PLACES, at primary elections. App. C, Sec. 1... .1271 WARRANTS. Page WAGES OF EMPLOYES. 1628 Page WAGES OF EMPLOYES OF CITY, when to be paid. Ords., Art. 1, Sec. 42 584,585 WAGONS, CARTS, DRAYS, ETC. See ‘ ‘ Vehicles' ’ and ‘ ‘ Wood. ’ ’ coal and hay wagons, etc. (^See '' Inspections y Weights and Measures. ’ ’ ) licenses, provisions relating to. Ords., Art. 41, Secs. 74- 84 1223-1227 — powers of city relating to. Acts, Sec. 6 47 regulation of, powers of city. Acts, Sec. 6 47 wheels of, breadth regulated. Acts, Sec. 6 47 WAITRESSES, employment in places of pub- lic amusemeut as barmaids prohibited. Acts, Sec. 900 562 penalty for employing same as barmaids in places of public amusement. Acts, Sec. 901 562,563 WALBROOK PUBLIC SCHOOL, sale of liquors within three- fourths of a mile of, for- bidden. Acts, Sec. §666a 407 WALLS, Jones’ Falls improvements. Acts, Sec. 6 61 — walls of, owners of property binding on to build and repair. Ords., Art. 18, Sec. 2 889 of buildings. {See ‘ ' Buildings y ’ ’ sub-title ‘ ‘ Walls of Buildings. ’ ’ ) WARDEN OF JAIL, appointment by visitors of Jail, subordinates. Acts, Sec. 126 165 assistants, duties, appoint- ment, compensation. Acts, Sec. 130 166 bond, visitors to approve. Acts, Sec. 128 165 duties relating to reduction of sentence of prisoners. Acts, Sec. 139 168 — responsibility for escape of prisoners. Acts, Sec. 127.-. 165 entering jail without permit. Acts, Sec. 136 167 fees, to account for. Acts, Sec. 133 166 oath of office. Acts, Sec. 129 165 penalty for introducing liquor in. Acts, Sec. 136 167 prisoners, conducting them. Acts, Sec. 132 166 — to receive them from officers having in charge. Acts, Sec. 131 166 subordinates, tenure of office. Acts, Sec. 126 165 — to appoint and remove. Acts, Sec. 130. 166 vagrants — to furnish list of commitments to Judge of Criminal Court. Acts, Sec. 141 168-169 WARDS, See '‘''Legislative Districts f sub-title, ‘ ‘ Wards. ’ ’ WAREHOUSES, CON- STRUCTION, SPECIFICA- TIONS. See '''‘Buildings, ’ ’ sub-title ‘ ‘ Walls of Buildings. ’ ’ WARRANTS, service and execution of. Acts, Sec. 640 384 WATKR. WASHING PAVEMENTS. 1629 Pa^e WASHING PAVEMENTS, Water Board may prohibit, penalty. Orels., Art. 41, Sec. 71..1222 WASHINGTON MONU- MENT, See '’"Parks and Squares.'''' injuring or defacing, penalty, police regulations. Ords., Art. 25, Sec. 61.. 977 trespassing on grass or shrub- bery around, penalty. brds., Art. 25, Sec. 60.. 977 WATCHMEN IN PUBLIC BUILDINGS, substitutes for. Ords., Art. 28, Sec. 4....1006 WATER, See ""Bills;'" ""Collector of Water Rents and Licenses " "Pumps;' ' " " Water Board;' ' "" Water Rents ;" and ""Wells." acquisition of land and water courses. Acts, Sec. 6 86 agreement for acquisition of property and materials. Acts, Sec. 6 87 bills for— collection of quarterly. (See below sub-title " " Water Rents . ' ' ) Ords., Art. 41, Sec. 69.1222 connections for — Ords., Art. 35, Sec. 109..1133 1134 bonds — issue of, authorized. Acts, Sec. 6 92 collection of water rents. Acts, Sec. 6 91 condemnation proceedings in relation to. Acts, Sec. 6 88-91 — duty of court. Acts, Sec. 6 90 — inquisition to be in writing. Acts, Sec. 6 Page WATER.-(Cont’d). — jury of condemnation. Acts, Sec. 6 88-91 — compensation of jurors and sheriff. Acts, Sec. 6 90-91 — dut}^ of jury. Acts, Sec. 6 89 — oath of jury. Acts, Sec. 6 89 — selection of jury. Acts, Sec. 6 89-90 — property condemned. Acts, Sec. 6 90 decision in relation to. Acts, Sec. 6, note 92 discharging on new paving unlawful, penalty. Ords., Art. 25, Sec. 116.. 996 997 excessive discharge of from hydrants, penalty. Ords., Art. 40, Sec. 19.1183 1184 fines and penalties. Acts, Sec. 6 92 — for injury to, recovery and collection of. Acts, Sec. 905 564 — recovery and accounting. Ords., Art. 40, Sec. 43..1190 in ice ponds — permitted from Nov. 1, to March 1, only. Ords., Art. 14, Sec. 117.. 832 injury to system punishable by fine. Acts, Sec. 904 564 — action for damages may also lie. Acts, 906 564 introduction of water supply into city. Acts, Sec, 6 87 misuse or waste of, police to report. Ords., Art. 25, Sec. 115 996 ordinances in relation to. Acts, Sec. 6 86-87 pollution of — — by acts of defilement or use of foreign matter or substances. Acts, Sec. 902 563 89 WATER. WATER 1630 Page WATER.- (Cont’d). — by factories; penalty. Acts, Sec. 903 563 powers in relation to water supply. Acts, Sec. 6 86 prohibited hydrants; penalty. Ords., Art. 40, Sec. 20..1184 protection of water system. * Acts, Sec. 6 91 rates for. {See ‘ ‘ Water Rents. ’ ’ ) — assessment of. Ads, Sec. 6 91 — Water Board to fix or abate; powers of Board relating to. Acts, Sec. 87A 147 receptacles for watering cows. Ords., Art. 14, Sec. 49.. 810 rights and franchises for — acquisition of rights of water companies by city. Acts, Sec. 6 93-94 sale of water. Acts, Sec. 6 87 stock — 15,000,000 loan author- ized. Acts, Sec. 6 91 stops for. Ords., Art. 40, Secs. 39, 40 1187 system in Annex and suburbs — procedure for acquisition of water rights in Annex and suburbs. Acts, Sec. 6 93 unlawful use of; penalties. Ords., Art. 40, Secs. 9, 10 1181 used by city — tax for payment for. Ords., Art. 41, Sec. 67..1221 watchman and police for. Acts, Sec. 6 91 Water, —bonds. Acts, Sec. 6 .... Page WATER.-(Cont’d). Water. — ( Cont ’ d) . — closets — prohibited in cow stables. Ords., Art. 14, Sec. 43.... 809 — companies — acquisition of their proper- ty and rights. Title there- ot acquired by city. Acts, Sec. 6 93-94 — rates. Acts, Sec. 6 91 — stock. Acts, Sec. 6 91-92 — system. civil actions for damages to. Acts, Sec. 906 564 — fines and penalties for injury to. Acts, Sec. 905 564 — injuries to; penalty. Acts, Sec. 904. 564 Water Board, — accounts and records of. Ords., Art. 40, Sec. 2....1177 — annual report — of Board; of Water Engineer. Ords., Art. 40, Sec. 2..1178 — bonds of subordinates of. Ords., Art. 40, Sec. 3..1178 — defective pipes to be re- paired by. Ords., Art. 40, Sec. 25. .1185 — digging up streets; powers and duties relating to. Ords., Art. 40, Sec. 23..1185 — entry to premis es by agents of. Ords., Art. 40, Sec. 12..1181 — fire plugs — injury to or unauthorized use of; penalty. Ords., Art. 40, Sec. 17.1183 — fountains — construction of. Ords., Art. 40, Sec. 15..1182 — erection of. Ords., Art. 40, Sec. 14 1182 — replacement of pumps. Ords. , Art. 40, Sec. 14 1182 — ^hydrants to be approved by. Ords., Art. 40, Sec. 21....1184 — officers and employes of to report wrongful use of water. Ords., Art. 40, Sec. 11..1181 92 WATER. WATER RENTS. Page 1631 Page WATER.— (Cont’d). Water Board. — (Cont’d). — opening and restoring pave- ments. Ords., Art. 40, Secs. 27- 31 .. ...1186-1187 — street surface and laying pipes; powers relating to. Ords., Art. 40, Secs. 23-29 1184-1187 — pavement; permits to re- move — penalty. Ords., Art. 40, Sec. 28..1187 — penalties — for injury t o water system, works and property. Ords., Art. 40, Sec. 1....1177 — when owners refuse en- try to premises. Ords. , Art. 40, Sec. 12..1181 — pipes, mains, works, etc., — ^laving and repair of. Ords., Art. 40, Sec. 24..1185 — penalty for injuring. Ords., Art. 40, Sec. 22..1184 — penalty for unlawful tap- ping. Ords., Art. 40, Sec. 9..1181 — powers of board relating to. Ords., Art. 40, Sec. 23..1185 — repair of same; access to; penalty against owners failing to repair. Ords., Art. 40, Sec. 26..1186 — unlawful connections or introduction of water ; penalty. Ords., Art. 40, Sec. 10..1181 — when owner shall repair. Ords., Art. 40, Sec. 26..1186 — powers relating to water works, laying of mains and pipes and preserva- tion of city water property. Ords., Art. 40, Sec. 1 1177 — public improvements; de- partment of ; board mem- ber of. Acts, Sec. 84 143 — rates for water ; board may fix or abate ; powers of board. Acts, Sec. 87A 147 — repair of pavement on de- fault of Water Board- duty of City Engineer. Ords., Art. 40, Sec. 27....1186 [ WATER.— (Cont’d). Water Board. — (Cont’d). — repaving of streets opened or dug up by. Ords., Art. 40, Sec. 29....1187 — rules and regulations of ; power to make and pre- scribe penalties for en- forcement of. Ords., Art. 40, Sec. 1 1177 — stops of private water pipes to be marked ; penalty. Ords., Art. 40, Sec. 30....1187 — street surface; to be re- stored without delay. Ords., Art. 40, Sec. 24....1185 — subordinates — bonds of. Ords., Art. 40, Sec. 3 1178 — Water Engineer to ap- point ; board to approve. Acts, Sec. 87 147 — tapping water pipes ; pen- alty. Ords., Art. 40, Sec. 9 1181 — title papers to water prop- erty. Ords., Art. 40, Sec. 2 1177 — water-stops to be marked on pavements. Ords., Art. 40, Sec. 31....1187 — supply, to be in charge of Board. Acts, Sec. 87 146 Water Engineer. — appointment, qualifications, duties and salary. Acts, Sec. 87 146-147 — of subordinates o f Water Board ; compensation of. Acts, Sec. 87 147 — screws of fire plugs to con- form to standard. Ords., Art. 11, Sec. 37.... 749 WATERING SIDEWALKS, streets where restricted, hours for, penalty. Ords., Art. 25, Sec. 100.. 992 WATER RENTS, abatement of charges in dis- cretion of Board. Ords., Art. 41, Sec. 70....1222 — when allowed and made. Ords., Art. 40, Sec. 8 1180 WATER RENTS. WATER RENTS, 1632 WATER RENTS.— (Cont’d). academies, colleges, etc., charges to. Ords., Art. 41, Sec. 60....1220 accounts of. Ords., Art. 40, Sec. 4 1178 annual charges for domestic use. Ords., Art. 41, Sec. 54.... 1216-17 assessments of ; duties of collector of water rents and licenses. Ords., Art. 40, Sec. 4 1178 collections quarterly. Ords., Art. 41, Sec. 69....1222 Bills for, — discount rates to be printed on. Ords., Art. 40, Sec. 6 1179 — in arrears. Ords., Art. 41, Sec. 9 1180, 1181 — boilers, steam, rates per horse-power. Ords., Art. 41, Sec. 56....1218 — buildings other than dwell- ings, charges for. Ords., Art. 41, Sec. 68....1221 — carriages, charges to own- ers of. Ords., Art. 41, Sec. 55....1218 cellar drainers in dwellings, no charge for water used in. Ords., Art. 41, Sec. 73....1223 Charges and Rates for, — when due and payable. Ords., Art. 41, Sec. 5 1179 — for domestic uses, Ords., Art. 41, Sec. 54.... 1216-17 — for use beyond city limits. Ords., Art 41, Sec. 72..1222-3 — for uses not specifically provided for. Ords., Art. 41, Sec. 68....1221 — charitable institutions, rates fixed annually, basis for. Ords., Art. 41, Sec. 66....1220 — where over two-thirds of inmates are treated free. Ords., Art. 41, Sec. 58..1219 — where between one-third and two- thirds of inmates treated free. Ords., Art. 41, Sec. 59....1219 Page WATER RENTS-(Cont’d). Charges and Rates for. — (Cont’d). — where less than one-third of inmates treated free. Ords., Art. 41, Sec. 60..1219 — giving no free treatment. Ords., Art. 41, Sec. 61..1219 — churches and religious corporations. Ords., Art. 41, Sec. 65..122a — city departments, tax for pa 3 ^ment for water used ‘ in. Ords., Art. 41, Sec. 67....1221 — city limits, water furnished beyond, charges for. Ords., Art. 41, Sec. 72..1222 1223 — collection of. Acts, Sec. 6 91 Acts, Sec. 59 132 — colleges, schools, etc. Ords., Art. 41, Sec. 63..1220 — conditions of use for power. Ords., Art. 41, Sec. 54.. 1218 — corporations, religious, etc. Ords., Art. 41, Sec. 62....1220 — definition of “free care.” Ords., Art. 41 Sec. 65....1220 — discounts on bills for. Ords., Art. 40, Sec. 5 1179 — domestic purposes, charges for. Ords., Art. 41, Sec. 54....1216 — dwellings, permit for other than domestic, uses in. Ords., Art. 41, Sec. 54..1218 — elevators, hydraulic, rates for, proviso. Ords., Art. 41, Sec. 57....1219 — family use of water. Ords,, Art. 41, Sec. 54..1216 — “free care,” defined. Ords., Art. 41, Sec. 65. .1220 — funds from collection of, accounting. Ords., Art. 40, Sec. 4....1178 — horses, charge per head for other than draught horses. Ords., Art. 41 , Sec. 54....1218 — hydraulic elevators, re- turn tank system re- quired. Ords., Art. 41, Sec. 57....1219 WATER RKNTvS. 1633 WEIGHTS AND MEASURES. Page WATER RENTS.— (Cont VI.) Charges and Rates for — (Cont’d) — improper use of water, penalty. Ords., Art. 41, Sec. 54..1217 — institutions, charitable, etc. , rates to. Ords., Art. 41, Secs. 58- 61 1219 — basis of rates to. Ords., Art. 41, Sec. 66..1220 — measurement of water, meters for. Ords., Art. 41, Sec. 64.. ..1220 — meter rates in lieu of fixed charges. Ords., Art. 41, Sec. 68....1221 — department to furnish meters. Ords. , Art. 41, Sec. 64.. 1220 — miscellaneous uses, charges for. Ords., Art. 41, Sec. 68. ..1221 — non-automatic cellar drain- ers, prohibited. Ords., Art. 41, Sec. 73..1223 — power, permit for use for in dwellings. Ords , Art. 41, Sec. 54.. 1217 — private families and domestic uses, rates for. Ords., Art. 41, Sec. 54.1216 1217 — rates in special cases. Ords., Art. 41, Sec. 54... 1217 — of discount for. Ords., Art. 40, Sec. 5..1179 — religious corporations, charges to. Ords., Art. 41, Sec. 62..1220 — return tanks for elevators required. Ords., Art. 41, Sec. 57....1219 — scale of charges for private families and domestic uses. Ords.,41,Art.Sec. 54..1216-17 — schools, universities, etc. Ords., Art. 41, Sec. 63..1220 — stables, meters in, charge for horses. Ords., Art. 41, Sec. 54....1218 — steam boilers, rates per horse-power. Ords., Art. 41, Sec. 56..1218 — suburban territory, rates for. Ords., Art. 41, Sec. 72..1222 1223 Page WATER RENTS.— (Cont VI). tax for payment of water used by city. Ords., Art. 41, Sec. 67 1221 violation of provisions re- lating to; duty of City Solicitor. Ords., Art. 41, Sec. 15.. 1200 works. (See ‘ ‘ Water Board. ' ’ ) Ords., Art. 40, Sec. 1, 1177 works, pipes and property. — penalty for injuring. Ords., Art. 40, Sec. 22, 1184 WATER, SEWER AND GAS CONNECTIONS, permits for. Ords., Art. 35, Sec. 109, 1133-1134 WEIGHING, coal. (See ''Coal.'') ice. sales by weight, penalty. Ords., Art. 17, Secs. 33- 34 886 WEIGHTS AND MEASURES, See ' 'Inspections Weights and Measures. ' ' clerks of markets to detect shortweights and measures, penalty for false weights and measures. Ords., Art. 23, Sec. 3.... 919 condemned or injured and afterwards used, penalty. Ords., Art. 17, Sec. 15.. 881 inspection of. Acts, Sec. 6 55 — and stamping, symbol. Ords. Art. 17, Sec. 10.... 879 inspectors of. Acts, Sec. 34 Ill keepers of. (See ' 'Inspections, Weights and Measures,") standards, etc. Acts, Sec. 6 55 WEIGHTS. 1634 WIDOWS AND CHILDREN. Page WEIGHTS, sales by. false weights, penalty. Ords., Art. 23, Sec, 31.. 929 WELFARE AND OTHER POWERS, ordinances relating to. Acts, Sec. 6 94 power of city in relation thereto. Acts, Sec. 6 94 WELLS, abandoned wells to be cov- ered. Ords., Art. 40, Sec. 38..1189 and springs. (S^e Health.") Ords., Art. 14, Sec. 127, 834-835 condemned wells, fountains in place of. Ords., Art. 40, Sec. 42, 1190 — use of water to be pre- vented, posting of well. Ords., Art. 40, Sec. 41, 1190 covering over wells, penalty for failure to replace. Ords., Art. 40, Sec. 40, 1190 privy — to be constructed for one house. Ords., Art. 14, Sec. 137, 839 sites of abandoned wells to be covered. Ords., Art. 40, Sec. 39....1189 WHARVES, See ''Harbor^ Docks and Wharves." Ords., Art. 13, Sec. 13.. 777 and docks — condemnation of wharfage and dockage rights. note. Acts, Sec. 6 49 and piers — (^See "Harbor, Docks and Wharves.") Ords., Art. 13, Sec. 11.. 776 Page WHARVES. -(Cont’d). fire precautions on. open lamps, matches, pipes, etc., prohibited. Ords., Art. 11, Sec. 64.. 757 ice and snow on, removal of. Ords., Art. 36, Sec. 2, 1140-1141 Ords., Art. 36, Sec. 15..1145 preservation and repair of wharves and regulation of wharfage. Acts, Sec. 6 52 public — goods on, regulated. Acts, Sec. 6 52 wharf and pier regulations. (See "Harbor, Docks and Whafves.") Ords., Art. 13, Sec. 30.. 784 wharfage — at city wharves. Acts, Sec. 6 53 — auction duties forfeited by city when certain charges are made. Acts, Sec. 277 236 — vessels— wharfage from, col- lection of. Acts, Sec. 6 52-53 — wharf taxes imposition of. Acts, Sec. 6 52 wood shavings on, prohibited; penalty. Ords., Art. 14, Sec. 121.. 833 WHEELBARROWS, ETC., ON SIDEWALKS, hand carts, etc., unlawful, penalty, proviso. Ords., Art. 25, Sec. 98.. 991 WHISTLES, locomotive whistles not to be blown in city limits; penalty. Ords., Art. 30, Sec. 14.. 1020 WIDOWS AND CHILDREN See ‘ 'Dire Department-, ’ ’ "Firemen" and "Special Police Fund. ’ ’ WlIvKKNS AVENUE. WOOD. Page 1635 Page WILKEN S AVENUE, cattle, driving through un- lawful . Ords., Art. 25, Sec. 31 968-969 WILSON STREET, cattle, driving through, pro- hibited. Ords., Art. 25, Sec. 25.. 967 WINES OR LIQUORS, markets; sales in prohibited, penalty. Ords., Art. 23, Sec. 36.. 930 WINDOWS, bulky articles not to be thrown from; proviso. Ords., Art. 25, Sec. 86.... 987 WIRE GLASS SASH, See ‘ ^Buildings' ’ sub-title ‘ 'Fire Regulations . ’ ’ Ords., Art. 3, Sec. 81.... 628 WIRES AND WIRING, electrical installation — {See ‘ 'Inspector of Build- ings" sub-title "Electrical Installation and Wh mg') ' ’ . Ords., Art. 3, Sec. 44-54 614-618 electrical wiring. {See ' 'Licenses, ’ ’ ‘ 'In stalla- tion of Electrical Appar- atus and Wiring.") to be placed underground in conduits. (‘ 'See Electrical Commission and Subways ' ' ) Acts, Sec. 6 81 Ords., Art. 9, Sec. 6-11 719-722 underground — power of city to order same placed under- ground. Acts, Sec. 6 81 use of streets by. Acts, Sec. 6 80 WITNESSES, See "Grand fury." for prosecution — names to be indorsed by J. P. on commitment or recog- nizance when jury trial prayed . ' Acts, Sec. 634 381 compensation; when allowed; out-of-town witnesses. Acts, Sec. 387 293 fine of when absent. Acts, Sec. 346...: 279 WIVES OF FIREMEN, payment to on death of hus- band. Ords, Art. 11, Secs. 11- 12 739-740 WOMEN NOTARIES PUBLIC. See "Notaries Public." WOMEN’S MERCHANDISE LICENSES. See "Licenses." conditions of issue; fee; pen- alty for misuse. Ords., Art. 41, Sec. 85..1228 WOOD, See ' 'Inspections, Weights and Measures." arbitration of disputes in meas- urement of. Acts. Sec. 599 359 carts for. {See "Wood.") — regulations for. Ords. Art. 4, Sec. 37 693 certificates of measurer of wood-carts. Acts, Sec. 590 356 cord wood; contents of a cord of wood. Acts, Sec. 591 356 marking of wood-carts; capac- ity to be indicated by mark- ing. Acts, Sec. 594 357 WOOD. 1636 WORN-OUl' RECORDS. Page WOOD.— (Cont’d). measurer of wood-carts; com- pensation of. Acts, Sec. 590 356 — duties; to issue certificates of measurement. Acts, Sec. 590 356 oath of measurer of wood- carts. Acts, Sec. 593 357 office of measurer. Acts, Sec. 594 357 owners or dealers to have carts inspected; penalty. Acts, Sec. 598 358 penalties for violations of provisions relating to in- spection of wood-carts and sale of wood. Acts, Sec. 598 358 sawed and split wood; meas- urement of. Acts, Sec. 594 357 shavings {See ‘ 'Health. ’ ’ ) Ords., Art. 14, Sec. 121 833 short measure, penalty for. Acts, Sec. 592 357 stick wood sold at retail, measurement of. Acts, Sec. 595 357 unlawful sales of by dealers, penalty. Acts, Sec. 596 358 use of in locomotive engines permitted; proviso. Ords., Art. 30, Sec. 16. ...1021 wood carts, measurer of. Acts, Sec. 590 356 WOODBERRY, cattle, hours for driving through. Ords., Art. 25, Sec. 31, 968-9 factory — sale of liquors at, prohibited. Acts, Sec. 665.. 406 Page WOODEN, buildings and frame sheds. {See "Buildings'’' sub-title ‘ 'Frame Sheds and Wooden Buildings."') Ords.. Art. 3, Secs. 89- 92 630-632 structures in markets — permanent erection of pro- hibited, penalty, provisos. Ords., Art. 23, Sec. 45.. 932 WORK AND LABOR, bills for supplies to be paid by comptroller except on written order. Ords., Art. 6, Sec. 33,.... 710 and note 708,709 City Engineer authorized to employ for City. Ords., Art. 35, Sec. 5 1092 contracts for. Acts, Sec. 15 99 — when let by New Sewerage Commission. Acts, Sec. §824e 513-514 grading, paving, etc — City Engineer may employ day labor or contract there- for. Ords., Art. 35, Sec. 81..1121 inspection of memoranda by Ma}^or, Comptroller and City Council. Ords., Art. 6, Sec. 33.... 710 and note 708-709 memorandum of orders for on behalf of city to be kept, data thereof. Ords., Art. 6, Sec. 32.... 710 and note 708-709 orders for on behalf of city to be in writing and signed. Ords., An. 6, Sec. 31.... 709 and note 708-709 police not to perform other than police duties. Acts, Sec. §759a 468 WORN OUT RECORDS, See "La?id Records." WRIT OF replevin. 1637 ZOOLOGICAL COLLECTION. Page WRIT OF REPLEVIN, See '"Writs." WRITS, renewable until executed. Acts, Sec. 305 263 renewal of. Acts, Sec. 305 262 returnable in all cases before station-house justices. Acts, Sec. 641 384 when returnable. Acts, Sec. 304 262 where returnable wdien issued byj. P. Acts, Sec. 627 Page YORK ROAD, cobble-stone and macadam paving on, prohibited. Acts, Sec. §838a, 528 ZELL & CO., R. R., contract with city for removal of night-soil; violation of; penalty. Ords., Art. 14, Sec. 156.. 845 ZOOLOGICAL COLLEC TION, See ""Parks and Squares." 376 h' .'I iifrf#yriri>TOidiyzi^ Hade In Italy 05-14 STD 8”0329 1 9’'99 1409 wwwxiolibrisystem.com